This article contains general information and is not legal advice. For qualified legal advice, please call 604-876-7000 to get in touch with a BC Disability Insurance Lawyer near you.
*Please note that if you are a union employee and are subject to a collective agreement that references a disability insurance plan, you should immediately discuss your claim with your union representative. Our firm may not be able to assist in these situations. Limitation periods can be very short—sometimes weeks—when a union grievance process is available.
Key Takeaways
- The deadline to apply for LTD benefits depends on the insurer and your specific policy.
- A “deadline to appeal” may be set by the insurer, but that doesn’t mean you can’t keep fighting for your benefits — you still have the option to sue.
- In BC, you have 2-years after you were first notified of the denial to sue your disability insurance.
LTD Claim Deadlines in British Columbia, Canada: What To Keep In Mind
LTD Deadline to Apply in BC
There is no Canada-wide deadline to apply for LTD benefits, please check your specific policy to find out when you must apply.
Most policies have a contractual deadline which requires that the policyholder apply for LTD benefits within a certain amount of time. In most cases, this timeframe starts as soon as your elimination period* ends. Timeframes between 90-120 days after the elimination period are common.
*The elimination period is the waiting period after you become disabled before LTD benefits start
What Happens If You Miss the Deadline to Apply for LTD
Even if your medical condition clearly prevents you from working, submitting your claim outside the permitted timeframe can result in an outright denial. In other words, your insurance may not consider your application or any medical evidence you provide.
The insurer may take the position that you forfeited your entitlement to benefits by failing to apply for LTD before the deadline. It takes a lot to convince them at this point to reconsider.
If you’re depending on income protection from LTD, we recommend that you apply as soon as possible and don’t delay it. Reach out to an LTD Insurance Lawyer at Dyson Law if you’ve missed a deadline or are running out of time.
What to Do If You Missed the Deadline to Apply for LTD Benefits
- Don’t Give Up: Realizing you’ve missed the deadline will be disheartening, but missing the deadline to apply doesn’t mean it’s over.
- Review Your LTD Insurance Policy Carefully: Start by reviewing your LTD policy or employee benefits booklet to confirm the exact application deadline and any provisions related to late claims. Some policies include language allowing exceptions when a claimant was medically incapable of applying on time.
- Don’t Rely on the Insurer’s Decision Alone: Insurance companies often take the position that missing the application deadline automatically voids your claim. However, the insurance’s decision isn’t the only decision that matters. Legally, there may still be options for you.
- Speak With an LTD Insurance Lawyer as Soon as Possible: If you missed the deadline to apply for LTD benefits, it is important to get legal advice before taking further steps. A disability lawyer can review your policy, assess the impact of the missed deadline, and determine whether there are still options available to pursue the benefits you may be entitled to — Contact us for qualified legal advice in British Columbia!
LTD Deadline to Appeal
The “deadline to appeal” varies by insurer. If your insurance rejects your LTD claim, they may give you a deadline to appeal the decision internally, after which their decision is final.
This is a common tactic used by insurers and shouldn’t deter you from getting the benefits you’re entitled to. In reality, you don’t need to appeal internally in order to fight for your LTD benefits. Legal recourse is still an option even after your insurer stops accepting appeals.
LTD insurance appeals can often waste the limited time that you have to sue for your benefits.
What Happens If I Miss The Deadline to Appeal My Denied LTD Claim?
If you miss your insurer’s imposed deadline to appeal, the company will no longer be able to review any internal appeals you make to try and secure LTD benefits. But that doesn’t mean it’s over. You still have the option to take legal action and fight for the benefits you’re entitled to.
LTD Deadline to Sue
The deadline to start a lawsuit for LTD benefits is 2 years after you were first notified of the denial of your benefits.
In British Columbia, LTD insurance cases have a strict 2 year statute of limitations. After 2 years, you may lose your claim completely.
Keep in mind that appeals made to your insurer internally won’t extend this timeline.
What Happens If I Miss The Deadline to Sue for LTD?
If you miss the 2-year deadline to sue, you could lose your legal right to sue the company for benefits and may be able to recover the benefits owed to you.
After 2 years, your case would likely be dismissed, regardless of whether you have solid medical evidence to prove that you qualify.
That’s why it’s important to get in touch with a British Columbia LTD lawyer as soon as possible.
Contact us today for legal advice — please call us at 604-876-7000 if you are dealing with a timely matter and need immediate assistance.
Frequently Asked Questions About LTD Deadlines and Late Submissions
Can I still apply for LTD benefits after the deadline?
Sometimes you can still submit an application after the deadline, but insurers may refuse to consider it. If there were extenuating circumstances that caused you to miss the deadline, that may give disability insurance providers reason to reconsider and review your application despite being late.
Since there’s no guarantee that your insurance provider will still review your application after the deadline, it’s best to get in touch with a LTD lawyer proactively in case further legal action is needed.
Do I have to appeal an LTD denial before suing?
No. Internal appeals are not legally required before starting a lawsuit. While insurers often encourage appeals, they are optional. Choosing not to appeal will not impact your case if you choose to take legal action. In some cases, focusing on legal action sooner may be more effective because internal appeals do not extend the deadline to sue.
Should I speak with a lawyer if I’m close to missing an LTD deadline?
Yes. If you’re approaching a deadline or have already missed one, speaking with a long-term disability lawyer as soon as possible is important. A lawyer can review your policy, confirm the applicable deadlines, and help determine the best strategy for protecting your claim.