Disability Law Show: Alberta & BC – S1 E15

Episode Summary

What does total disability mean? When can you return to work after LTD? Disability lawyer and partner 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 BC disability lawyer or disability lawyers in Alberta, Sivan and his team can get you the advice you need, and the compensation you deserve.

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Show Notes

• After submitting a life insurance claim insurer asks for medical records: Claimants can receive life insurance through their employer or purchase life insurance independently. After conducting an evaluation the insurance company must decide whether or not to take on a claimant knowing their health history. In some cases, insurance companies might determine that claimants have not disclosed all of the necessary information in order to deny benefits. Ultimately it is important to see the medical records, the policy itself and when it was issued.
  
• Total disability and LTD: One of the most common misconceptions regarding long-term disability is what is considered to be the definition of “total disability”. This is a phrase often used by insurance companies and claimants take the phrasing literally. This is a misconception upheld by many medical professionals. To be totally disabled in the context of LTD simply means a claimant is disabled from performing the basic functions of their job.
• Ignoring doctor and medical reports:  The insurance company is not able to ignore a treating doctor’s information and medical reports. Despite this, many insurers disagree with a doctor’s prognosis. Even if the insurer conducts their own medical examination, ultimately a claimant’s own medical team and its opinions carry more weight.
• Chronic pain after injury at work but insurer is ending claim as it was not an accident: Private policies do differ from group insurance policies in some aspects. In some policies, provisions can be very specific and claimants should inquire for a copy of their disability policy. It is also important to have up-to-date medical records and specific instructions from a treating doctor.
• A claimant with depression and anxiety missed deadlines due to ongoing symptoms: Policies function like a regular contract between the claimant and the insurer. While claimants have an obligation to follow the terms outlined in their policy, in some cases exceptions can be made. Claimants can have conditions, like depression and anxiety, that ensure filling out the proper documentation becomes an arduous task. Through filing a legal claim, claimants are able to access relief against forfeiture.
• Back to work after LTD due to policy provisions: Claimants should be following the provisions outlined in the policy that was in place when they began their long-term disability benefits and the initial claim was approved. It is important for claimants to return to work when approved to do so by their doctor and not be pressured to do so by the insurance company.