Question 1

How much does a disability lawyer cost?

Accepted Answer

Nothing upfront. We work on contingency. You don't pay us a cent unless we successfully recover your benefits. No retainer. No hourly fees. No invoices while your case is ongoing. If we don't win, you don't pay.

Question 2

What if I lose? Do I owe you anything?

Accepted Answer

If we don't recover benefits for you, you owe us no legal fees. Some case-related expenses like obtaining medical records may apply, but we explain all of that upfront before you sign anything.

Question 3

How do you get paid if I don't pay upfront?

Accepted Answer

When we win your case (through a settlement or court decision), our fee comes as a percentage of the money recovered. It comes out of the settlement, not out of your pocket separately.

Question 4

Is the initial consultation free?

Accepted Answer

Yes. Your first consultation is completely free with no obligation. We'll review your situation, explain your options, and let you know whether we think you have a case.

Question 5

What percentage do you take?

Accepted Answer

Contingency fees for LTD cases in Ontario typically range from 25-33% of the recovery. The exact percentage is agreed upon upfront in a written retainer agreement before any work begins.

Question 6

Are lump-sum settlements taxed?

Accepted Answer

It depends on who paid the premiums. If your employer paid, your benefits are taxable income. If you paid with after-tax dollars, benefits are generally tax-free. Lump-sum settlements have specific tax implications, and we work with tax professionals to structure settlements that protect as much of your money as possible.

Question 7

The insurance company says I'm not disabled. Are they right?

Accepted Answer

Insurance companies deny over 60% of legitimate LTD claims in Ontario. That's not because most people aren't disabled. It's because denials save the insurer money. A denial protects the insurer's bottom line. It doesn't mean your doctor was wrong.

Question 8

I have an invisible condition like depression or chronic pain. Can I still win?

Accepted Answer

Absolutely. Invisible conditions are the most commonly denied but very winnable with the right legal approach. Ontario courts have repeatedly recognized depression, anxiety, chronic pain, and fibromyalgia as legitimate disabilities.

Question 9

I have good days and bad days. Does that hurt my case?

Accepted Answer

No. Disability isn't about being incapacitated 24/7. It's about whether you can reliably and consistently perform your job. Insurers use 'good day' evidence to argue you're not disabled. Courts see through this.

Question 10

The insurer's doctor (IME) said I'm fine. Does that override my own doctors?

Accepted Answer

No. IME doctors are selected and paid by the insurer. Courts recognize this bias. Your treating physicians carry significant weight. One 20-minute exam doesn't override years of treatment records.

Question 11

My condition is getting worse. Does that help or hurt my case?

Accepted Answer

Generally, a worsening condition strengthens the disability argument, but it needs to be documented. Report changes to your doctors and ensure your records reflect the deterioration.

Question 12

Can I get LTD for a condition that doesn't show on tests?

Accepted Answer

Yes. Canadian courts recognize that many disabling conditions (fibromyalgia, chronic fatigue, chronic pain, depression) don't produce clear diagnostic test results. What matters is whether your symptoms prevent you from working.

Question 13

How long does an LTD case take?

Accepted Answer

Most cases resolve within 6-18 months. Some settle quickly through negotiation; others require litigation. We give you a realistic timeline during the consultation.

Question 14

What do I actually have to do if I hire you?

Accepted Answer

Focus on your health. We handle the legal work: gathering records, communicating with the insurer, building your case, and litigating if necessary. We need your cooperation for things like signing authorizations and attending medical appointments.

Question 15

Will I have to go to court?

Accepted Answer

Most LTD cases settle before trial. Insurance companies often prefer to settle once they see a strong legal case. If your case goes to trial, we prepare you thoroughly.

Question 16

What's the difference between an appeal and litigation?

Accepted Answer

An appeal asks the insurance company to reconsider its own decision. Litigation is filing a lawsuit in the Ontario Superior Court, forcing the insurer to defend its decision under oath, disclose its internal file, and face potential damages.

Question 17

Do I need to do the internal appeal first?

Accepted Answer

No. In Ontario, you're not required to exhaust internal appeals before filing a lawsuit. Many disability lawyers recommend skipping the internal appeal entirely.

Question 18

What's the difference between 'own occupation' and 'any occupation'?

Accepted Answer

For the first 24 months, 'own occupation' means you're disabled if you can't do YOUR specific job. After 24 months, 'any occupation' asks whether you could do ANY realistic job given your education, training, and limitations. This shift is where most terminations happen.

Question 19

What does the insurance company owe me if I win?

Accepted Answer

Past-due benefits (back-pay), ongoing monthly benefits, interest on unpaid amounts, and potentially bad faith damages and legal costs.

Question 20

Can the insurance company spy on me?

Accepted Answer

Yes. Insurers regularly conduct surveillance: following claimants, photographing them, and monitoring social media. This is legal. The best protection is to follow your doctor's restrictions consistently and limit social media activity.

Question 21

Will the insurer retaliate if I hire a lawyer?

Accepted Answer

No. Hiring a lawyer is your legal right. In practice, insurers often take cases more seriously once a lawyer is involved.

Question 22

My insurer offered a lump-sum settlement. Should I take it?

Accepted Answer

Not without legal advice. Lump-sum offers are designed to close your file cheaply. We can calculate what your claim is actually worth and negotiate a fair amount.

Question 23

Why did my insurer send me to their own doctor?

Accepted Answer

IMEs exist to create evidence supporting a denial. The insurer selects and pays the doctor. These exams are not independent. They're a tool for the insurer to build a case against you.

Question 24

Is my insurer monitoring my social media?

Accepted Answer

Assume yes. Set accounts to maximum privacy, stop posting, ask friends not to tag you, and don't delete old posts. A single photo can be taken out of context.

Question 25

I was denied months ago. Is it too late?

Accepted Answer

In Ontario, the limitation period is generally two years from the date of denial. If you're within that window, you likely still have options. It's worth getting legal advice sooner rather than later.

Question 26

I already tried the appeal on my own and lost. Am I out of options?

Accepted Answer

Not at all. A failed internal appeal doesn't prevent you from filing a lawsuit. Many of our clients come to us after a failed self-appeal.

Question 27

Can I change lawyers if I'm unhappy with my current one?

Accepted Answer

Yes. You have the right to change lawyers at any time. We can review your case, give you a second opinion, and handle the transition if you decide to switch.

Question 28

What if my employer fires me while I'm on disability?

Accepted Answer

Losing your job does not necessarily end your LTD benefits. Once you qualify, benefits are governed by the insurance policy, not your employment status. You may also have a wrongful dismissal claim.

Question 29

Will I actually talk to my lawyer, or just staff?

Accepted Answer

You'll talk to your lawyer. When you hire Mirza Law, you work with your lawyer directly. No rotating associates. No call centre.

Question 30

Can I go on vacation while my case is pending?

Accepted Answer

Technically yes, but it's risky. Insurers use travel as evidence you're not disabled. Discuss any travel plans with us before booking.

Question 31

The insurer wants another IME. Do I have to go?

Accepted Answer

Usually yes. Refusing can give them grounds to terminate. But you have rights: you can request examiner information in advance, and we can challenge biased findings.

Question 32

Will you pressure me to settle?

Accepted Answer

No. We tell you what your case is worth, explain the risks and benefits of any offer, and let you decide. If an offer isn't fair, we'll tell you, and we'll keep fighting.

Your questions, answered.

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