Disability Law Show: Alberta & BC – S2 E19

Episode Summary

Should you still apply for LTD if denied short-term disability? 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

• Mental health breakdown inability to work: Mental health claims are often denied by insurance companies. Claimants should be aware that insurers will often presume a mental illness has arisen due to specific workplace issues. This presumption leads to a denial of benefits as the disability is considered to be situational.
• Extreme fatigue but denied short-term disability: Long-term disability benefits and short-term disability can be provided through different insurers through a claimant’s workplace. Claimants should not be dissuaded from applying for LTD even if they have been denied short-term disability. Appeals are rarely successful after a denial. It is far more beneficial for claimants to file a legal claim.
• Benefits deducted while on LTD: Most disability policies contain provisions that allow the insurer to make deductions. This typically occurs if a claimant receives approval for other benefits programs, such as CPP Disability. Claimants could also be entitled to social benefits that are not considered to be income replacements. Insurers cannot deduct benefits based on a claimant’s household income.
• Limitation periods after a denial: A limitation period is a timeline in which a claimant must pursue a legal claim. Claimants typically have up to two years after the initial date of denial to pursue their rights and entitlements. The limitation period continues to run regardless of whether or not a claimant has decided to file an appeal.