Disability Law Show: Alberta & BC – S1 E17

Episode Summary

What is an “own occupation” policy in regards to long-term disability? 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 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

• Own and any occupation periods: For the first two years of long-term disability benefits, a claimant will have to be able to prove that they are unable to perform the essential duties of their own occupation. After two years, a change in the definition of disability occurs and individuals have to prove that they have an inability to work in any occupation based on their experiences and skillset. Often when case managers change, how a file is conducted also changes.
• Medication prescribed by a treatment provider: It is important for claimants to follow the recommendations of their treating doctor. Claimants should not decide to change or stop treatment if it is in contact with their treating medical team. Insurance companies could state that a claimant has breached the terms of their policy if treatment is not being pursued.
• Employer refuses to accommodate restrictions and LTD will now be cut off: An employer has a duty to accommodate an employee’s medical conditions and a failure to do so could be a human rights violation. It is also important for individuals to return to work only if their treating doctor has cleared them to do so. Returning to work before a claimant is ready can lead to a regression in terms of their health.