NAINESH KOTAK, Disability and Personal Injury Lawyer - Kotak Law
- CARMEN MORGAN
- May 21
- 5 min read
Updated: May 22
NAINESH KOTAK
"They’re not listening, they’re misconstruing my words, they’re pestering me, they’re denying my claim"
"We hear this a lot from people regarding their disability Insurance companies. We are here to speak on their behalf, and it brings much needed relief to our clients”
Since 1994, a disability and personal injury lawyer, Nainesh Kotak, has been representing clients who need their voices heard when it comes to disability insurance. He is a Lexpert-ranked lawyer for three years in a row, and a leader in long-term disability litigation, with an emphasis on long-term disability cases where clients are suffering from depression, anxiety, and post-traumatic stress disorder (PTSD).
“There is still a stigma in our society with respect to mental illness,” says Nainesh. “There are companies and large corporations involved in donating money, like Bell’s “Let’s Talk” campaign, and Mental Health Awareness month (May, 2025 in Canada) that are growing awareness, but there is still work to do.” Insurance companies often don’t approve mental health claims because there is a lack of objective evidence, like the tests used to prove physical impairments, for example, an X-Ray or MRI. Mental illness is often suffered in addition to chronic pain, or other physical illness, and it is sometimes not recognized as being legitimate by insurance companies. “Often people with mental illness struggle to advocate for themselves, in terms of treatment and benefits,” he says. “I saw a need for representation of people who are in this dilemma.”
“Some of my clients have had stress at work, they are cancer patients, have autoimmune disorders, chronic pain, fibromyalgia, or Crohn’s disease. They have all types of illnesses that prevent them from doing their job and have quality of life.” Receiving disability insurance can even be the difference between someone keeping their home and not having somewhere to live.
“Clients just want to be heard. They want to be in on the process, to feel informed and know how long it will take.” Nainesh and his team gather medical evidence and advocate for a fair and speedy resolution. “We encourage our clients to be open. We issue our Statements of Claim very quickly, and engage with a client’s practitioners, therapist, doctors, and get reports and letters. We will often also get an expert report that deals with diagnosis, but also their ability to function at work, and we engage practitioners who are experts in their field to give medical/legal opinions.”
Even when the details of a claim are presented, case managers don’t want to accept opinions from a client’s physician. “Clients are being questioned and they feel unheard. If people want to strengthen their claim, I tell them to communicate pro-actively with their healthcare provider about their mental health symptoms, keep detailed records of their medications and doctor visits, including what they talked about, and to follow through on treatments.”
“I find once clients get us involved, they admit to feeling so much relief that they have someone to fight for them.” Clients don’t feel alone in trying to present their case and medical evidence. “They’re not listening, they’re misconstruing my words, they’re pestering me, they’re denying my claim—we hear this a lot from clients regarding their insurance companies. We are here to speak on their behalf,” says Nainesh.
Nainesh shares five main reasons why people have their long-term disability claims denied:
1. Insufficient medical evidence—mental health tends to be more subjective in nature. Anxiety, for example, does not present visible symptoms, and present differently in different people, as well as inconsistently. Anxiety and depression rely on reported symptoms and psychological assessments, rather than X-Rays and blood tests, for example, and there is skepticism from employers and insurance companies. To avoid this, gather thorough evidence from your healthcare providers. Ensure all documentation is consistent and complete.
2. You don’t meet the definition of disability. Usually under a disability insurance policy, particularly group policy, there are two timed tests. For the first 2 years you must establish that you are disabled from performing the essential tasks of your own occupation. However, after 104 weeks you must prove that you are totally disabled from performing any gainful occupation that you are suited by education, training or experience.
3. Pre-existing conditions. Most policies have a provision that if you were treated, took medication for the same or related condition within 90 days of the effective date of the policy, they won’t cover you for that condition. It is our job to poke holes in the decision that has been made, and we have been successful in distinguishing conditions.
4. Social media activity. This is a growing one. If you are seen doing activities on social media that indicate you could work, it is a conflict and can lead to denied claims.
5. Non-compliance with recommended treatment is another one. One of the issues that arises is scarcity of resources, for example, getting in to see a psychiatrist. With medications, sometimes clients have adverse reactions, and insurance companies will use that to deny you if you don’t comply with the prescribed treatment.
“People tell me ‘I don’t know what I would have done without you,’” says Nainesh.” He has dealt with cases where there is historic abuse as children, or other long-lasting traumas. “You realize many people have led really difficult lives,” he says. “My parents always instilled a karmic duty in me. If you have been fortunate in life, there’s a duty to give back to society.”
Nainesh is president of the board of Every Mind Mental Health Services, (formerly, Peel Children’s Centre)—an organization that provides a facility and therapy to help youth and children who are going through mental health challenges, as well as families. “They are an organization that saves lives. They do remarkable things in our community.” He also served as the Chair of the Long-Term Disability Section of the Ontario Trial Lawyers’ Association from 2021 to 2024. He is the Secretary/Treasurer of the Board of Directors of the Ontario Trial Lawyers’ Association and chaired the working group to form OTLA’s Diversity and Inclusion Caucus and was instrumental in its formation.
“We are recognized as a national firm,” Nainesh says. He was called to the bar in Ontario in 1994 and Alberta in 2022 and is aiming to provide representation in all provinces (excluding Quebec, due to civil law differences). Nainesh is also an educator and believes in sharing his knowledge widely and in as many places as possible. He organizes seminars, webinars, roundtables and luncheons to educate and assist lawyers with topics such as practicing disability law and building a more diverse and inclusive practice. In his most recent media appearances, he has shared information about the “secret deductible” and the reasons for rising auto insurance deductibles, as well as offering tips on making mental health claims.
Kotak Law’s Military Appreciation Day and the Salute to Services Game are just two examples of Nainesh’s enduring commitment to community support. Between 2015 and 2019, these initiatives brought over 1,000 troops, veterans, and cadets to professional hockey games on Remembrance Day. Continuing this tradition of honouring service, in July 2024, military members were invited to enjoy a Canadian Elite Basketball League game hosted by Kotak Law and the Brampton Honey Badgers. Nainesh combines his passion for travel with his interest in fragrances by expanding his collection and offering reviews as the 'Fragrant Lawyer' through TikTok, YouTube and various social media platforms. He has gained himself an impressive number of followers and has become known as a fragrance aficionda.
Carmen Morgan is a skilled business writer and storyteller, collaborating with business owners and executives to tell their stories and share perspectives on growth and success, as well as perseverance and adversity. Over two decades she has refined her interview, writing and editing skills to capture the nuggets and captivating details that engage readers and make a story memorable.
Nainesh Kotak
Barrister & Solicitor
Past Chair, LTD Section, Ontario Trial Lawyers Association
905 - 755 - 8900