Long-term disability claims
Your Benefits Were Terminated?
We Challenge the Decision.
If your insurance provider has stopped or rejected the benefits you rely on, taking the right action is crucial. At Ludwar Law, we advocate for clients throughout Alberta & Saskatchewan when their long-term disability support is wrongfully terminated or denied.
Same-day response on business day inquiries.
Has Your Disability Claim Been Denied?
Long-term disability benefits exist to replace a portion of your income when a medical condition prevents you from working. When your insurer denies or terminates those benefits, you have the right to challenge that decision.
Why Benefits Get Cut Off
Most legal disputes arise during the Definition Change (usually around the two-year mark).
The insurance company shifts their criteria:
Can you perform your own occupation?
Can you perform any reasonable occupation?
We can help if:
Your initial application was denied.
Your existing benefits were suddenly terminated.
Your insurer terminated benefits after a definition change assessment.
The Advantage of a Dual Perspective
Challenging a denied claim requires understanding an insurer’s decision-making. Our team provides over 50 years of combined experience navigating disability insurance from both the plaintiff and defence perspectives.
Advocating for the Individual
James has spent 30 years representing people whose benefits have been denied or terminated, focusing entirely on the plaintiff’s side of disability litigation.
Insights from the Defence
Mark spent nearly 20 years as Senior Counsel for one of Canada’s largest disability insurers before joining Ludwar Law. He now applies that deep understanding of defence strategy to help our clients navigate the system.
Why Should This Matter to Your Case?
Because we have handled files from within the insurance industry and through the courts, we understand the internal criteria insurers use to assess risk. This insight allows us to identify where a process may have fallen short and determine which medical evidence is most effective at each stage of your legal matter. Neuropsychological testing, the assessment of processing speed and executive function, and the direct connection between those findings and the specific demands of the claimant’s occupation need to be established throughout the file.
Conditions We Handle
Many of the conditions that lead to long-term disability claims are not visible to others, which makes them harder for insurers to measure and more likely to result in a denial or termination. Ludwar Law represents clients living with a wide range of disabling conditions, including
If your condition is not listed here, contact us to discuss your situation.
What We Bring to Your Claim
Choosing a legal team is about more than just credentials, it’s about finding a lawyer who understands the mechanics of your claim.
50+ Years Combined Experience
With James's 30 years of plaintiff-side litigation and Mark's nearly 20 years as former Senior Counsel for a major insurer, they know how insurance companies evaluate, and deny risk. They use this knowledge to build a strong case on your behalf.
97% Success Rate*
While every case depends on its own unique facts, our experience has led to a 97% success rate in resolving disability matters for our clients.
*Past results are not indicative of future results. The outcome of each case depends on its unique facts and circumstances.
Same-Day Response
We respond to all inquiries within the same business day. If you reach out on a weekend, we’ll be in touch the following business day.
Local & In-Person
We are based in Calgary because we believe in face-to-face advocacy. You can meet with your lawyer throughout your case, not just before mediation.
Our Process
01
Initial Consultation
We begin with a phone call to gather the essential details of your situation. Our team collects your denial or termination letter along with your specific policy information to start the process.
02
File Review
We initiate formal legal action by filing a statement of claim and navigating the litigation process. While we prepare every case for trial, we focus on achieving a favorable resolution through discovery and mediation.
03
Legal Action and Resolution
Our team manages every stage of the litigation process, from filing the statement of claim to discovery and mediation. While we prepare every case for trial, our primary focus remains on securing a favorable resolution through expert negotiation or settlement.
Understand the Denial. Challenge the Decision.
Contact us today for an evaluation of your disability matter.
Calgary-based. Serving Alberta and Saskatchewan.
FAQs
How long will my case take?
Most cases resolve within 18 to 24 months, with approximately 80% settling within that range. More complex cases or those that proceed to trial may take longer.
What does the litigation process look like?
After we review your file and file a statement of claim, the case moves through document exchange, medical records review, and a questioning process called discovery. Most cases settle at mediation. Trial is rare but we are fully prepared if it becomes necessary.
What is a "definition change" and why does it matter?
After two years of receiving disability benefits, most policies require the insurer to reassess your claim under a broader definition. Instead of asking whether you can do your own job, the insurer asks whether you can do any reasonable job. This is the point where the majority of benefit terminations happen.
Do you handle WCB or workers' compensation claims?
No. Ludwar Law does not handle WCB claims. However, if you were on workers’ compensation and also have a separate group disability insurance policy, we may be able to help with the disability insurance side of your claim. Call us to discuss.
Do I need to be in Calgary to work with you?
No. While our office is in Calgary and we offer in-person meetings, we represent clients across Alberta and Saskatchewan.