Disability Law Show: Alberta & BC – S1 E21

Episode Summary

Can you continue to work while on long-term disability? Disability lawyer and partner Martin Willemse at Samfiru Tumarkin LLP answers this question 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.

Listen to the Episode

Show Notes

• Do not qualify for LTD benefits as an employee can work with accommodation: It is important to determine the specific language and provisions outlined in the long-term disability policy. Most disability policies are very fact specific and ultimately it will depend on how much a claimant is actually able to work. Claimants should speak with their doctor and determine how much they are able to work. Most policies contain a part-time disability provision or a rehabilitation program.
• Chance of succeeding in a legal claim after LTD denial: Claimants are often unaware of their rights and options available to them after they have been denied or cut off of long-term disability benefits. Individuals who are unable to work and have the support of their treating medical team and doctor should contact a disability lawyer to determine their next steps.
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    Doctor’s professional reports for LTD
• Disability benefits for only two years and not beyond: A common misconception for many claimants regarding LTD is that they will not be able to receive LTD benefits after two years. Most disability policies state that a claimant is unable to perform the essential duties of their own occupation for the first 2 years. After the first two years, a change in the definition of disability occurs. Claimants have to be able to prove they are unable to work in any occupation.
• Claimant experiencing further stress and deteriorating health due to insurer: Most disability policies do not require a claimant to have a diagnosis in order to receive disability benefits. A disability claim is primarily concerned with the functional symptoms and limitations of a claimant. Insurance companies are also obligated to operate in good faith with a claimant. Claimants can pursue additional damages if communication with the adjuster was negative.