Disability Law Show: Alberta & BC – S1 E14

Episode Summary

Laid off while on LTD? Can you pursue punitive damages? Disability lawyers and partners Sivan Tumarkin and Martin Willemse, at Samfiru Tumarkin LLP answer these questions and more on the Disability Law Show on 980 CKNW in Vancouver, 770 CHQR in Calgary and 630 CHED in Edmonton.

Listen below to discover important information about your rights and a guide through the proper steps to take when your insurance provider cuts off your long-term disability or denies your insurance claim.

Whether you need a B.C. disability lawyer or disability lawyers in Alberta, Sivan and his team can get you the advice you need, and the compensation you deserve.

Listen to the Episode

Show Notes

• LTD claim denied after a few months despite severe depression and anxiety: In order to determine what a claimant can or cannot do while on benefits, it is important to take a closer look at the disability policy and the provisions outlined. In certain situations, claimants are able to travel to other locations in order to pursue treatment in order to improve their health. Individuals dealing with LTD insurers need to be mindful of instructions given by insurance adjusters and advice given by a treating medical team.
  
• Laid off of employment while on long-term disability: Most disability policies require that claimants are actively employed while they are deemed disabled from working. It is crucial to determine the specifics of a long-term disability policy. There are also alternatives and programs open to individuals to pursue benefits such as CPP Disability. 
• Case rejected by WCB and the possible effect on short or long-term disability:  Issues and illnesses that arise out of the workplace, such as burnout and stress, can have a significant impact on disability benefits. Claimants that are disabled from working due to mental health illnesses supported by a doctor are entitled to disability benefits. Claimants that meet the criteria for what is considered to be disabled from working should receive benefits. In many cases, it can be beneficial for claimants to deal directly with insurers and it is not necessarily a bad thing to be denied by WCB.
• Mental illness deemed as hereditary and denied benefits: The reason for the long-term disability is not as important as the effects of the condition and the influence on the ability to work. In some cases, a genetic or hereditary determination of an illness can solidify a condition and strengthen a claim.
• On LTD for over 2 years and working in a new job: After two years, claimants undergo a change of definition in disability and must be able to prove that they are unable to work in any occupation, as opposed to their own. It is important for claimants not to return to a job without clearance from their doctor and treating medical team.
• Initial denial of LTD leads to difficulties and losses: It is important to take into account the practicality of pursuing punitive damages. Claimants who have undergone additional stress but are receiving benefits should focus on their health.