Disability Law Show: Alberta & BC – S1 E25

Episode Summary

Are insurers able to cut off disability benefits due to non-compliance? Disability lawyers Sivan Tumarkin and Martin Willemse at Samfiru Tumarkin LLP, answer 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

• Retaining a disability lawyer and appealing denial several times: It is important when filing a disability legal claim to hire a reputable disability law firm. Claimants should ensure that the legal representation they have retained is well versed in disability law and has not taken advantage of their situation. It is rare for a disability lawyer to ask for claimants to continue to pay fees throughout the process when they are not receiving any income. Typically, appeals are rarely successful and generally waste a claimant’s time. The appeals process was created by the insurance company in order to ensure that they can continue to control the process.
• Not ready to return to work at the two-year mark: Under most disability policies, there is a change in the test in order to be considered disabled. In the first two years of long-term disability, claimants have to prove that they are unable to work in their own occupation. After two years, disability benefits do not expire, the test simply changes to an inability to work in any occupation that they are suited for.
• Stopped taking medication due to effects leading to cut off of LTD benefits: Disability policies are contracts and so claimants are beheld to the terms of a contract, such as continuing to follow treatment. In many cases, particularly with medication for mental health illnesses, medication and treatments need to be adjusted due to inefficiencies or side effects. Ultimately, it is important to continue to follow medical advice from treating doctors and providers.
• Cut off of LTD due to an inability to see a doctor due to COVID-19: Insurance companies can cut off claimants on the basis of noncompliance if they have not continued to pursue treatment, such as a refusal to continue to see a treating doctor.