Income replacement benefit — 104-week test dispute
Income replacement benefit — 104-week test dispute under Ontario's Statutory Accident Benefits Schedule and at the Licence Appeal Tribunal.
What is included
- Checking whether the policy that applies includes income replacement or non-earner coverage
- Reviewing your work and income history and the insurer's calculation
- Explaining the choice between weekly benefits when more than one may apply
- Gathering employer, tax and medical evidence
- Disputing a denial, a stoppage at 104 weeks or a calculation error
What is not included
- Charges for medical reports, assessments and records, and other disbursements
- Later stages, such as a Licence Appeal Tribunal hearing or reconsideration, unless the service names them
- A personal injury lawsuit against an at-fault driver, which is usually lawyer work
- An appeal or judicial review of a Licence Appeal Tribunal decision in the Divisional Court, which needs a lawyer
- Medical or rehabilitation treatment
Who this service is for
- Workers who cannot do their job after a collision
- Students and people not working who are completely unable to carry on a normal life
- Claimants whose benefits stopped at 104 weeks
Information to have ready
- 1Tax returns and notices of assessment for recent years
- 2Pay stubs, the employer's confirmation form (OCF-2) and your job description
- 3Medical reports about your ability to work
- 4Your policy or its declarations page
Frequently asked questions
How much does it cost?
The fee is $900 plus 13% HST ($1,017.00 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.
What happens when I check out?
You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.
Do I have income replacement coverage?
Since July 1, 2026, income replacement and non-earner benefits are optional coverage in Ontario auto policies, so the first step is checking what the policy that applies includes.
What changes after 104 weeks?
After 104 weeks, income replacement usually continues only if you cannot do any job you are reasonably suited for by education, training or experience.
Can I choose which weekly benefit to receive?
If you qualify for more than one of the income replacement, non-earner or caregiver benefits, you usually must elect one, and the choice can be hard to change, so get advice first.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; the insurer and, if there is a dispute, the Licence Appeal Tribunal decide
- Deadlines under the Statutory Accident Benefits Schedule are strict
- The service covers accident benefits only, not a lawsuit against another driver
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