Disability Law Show: Alberta & BC – S2 E16

Episode Summary

What should claimants know regarding independent medical exams? Disability lawyer Martin Willemse at Samfiru Tumarkin LLP, answers this question and more on the Disability Law Show on 980 CKNW, 770 CHQR and 630 CHED.

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 BC disability lawyer or disability lawyers in Alberta, Martin and his team can get you the advice you need, and the compensation you deserve.

Listen to the Episode

Show Notes

• Examination conducted by a third party: Insurers can request a claimant attend an assessment of a particular professional. These assessments are typically called independent assessments despite the fact that the assessor is retained by the insurance company. While claimants are required to attend an assessment, they can request a copy of the report generated and provide it to their own medical team. Once a legal claim has been filed, a disability lawyer can also send a claimant to their own preferred medical professional for an assessment.
• Repeated assessment requests by the insurer: Insurers owe claimants a duty of good faith. Insurers cannot request claimants attend repeated assessments as they do not agree with the information generated. Insurers can be found to have breached the terms of their disability policy. Claimants should speak to a disability lawyer if they believe their insurer is not acting in good faith.
• Treatment recommendations made by the assessor: Claimants should listen to the medical advice given by their own treating doctors. Insurers will often deny claims based on information provided by their independent taken out of context. Claimants unsure of their next steps should contact a disability lawyer. The right disability lawyer can provide options and vital information to clear the confusion for claimants.
• Other insurance coverage: There are insurance companies that can cover mortgage payments if a claimant becomes disabled and is unable to earn an income. This type of insurance differs from a group insurance disability program. It is important for claimants to apply within the appropriate deadlines for other benefits. If there is a legitimate reason for a late application, claimants can pursue relief from forfeiture.