Disability Law Show: Alberta & BC – S1 E29

Episode Summary

How do claimants prove that they are unable to work after two years on LTD? 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

• Denied LTD due to insufficient medical documentation: A common reason for a denial of long-term disability benefits is due to an insufficient lack of medical documentation or evidence. Many claimants once denied, will file an appeal. Insurance companies encourage claimants to appeal and mislead individuals to believe that appeals are a formal process conducted by a third party. Despite appealing, claimants are within their rights to seek information from a disability lawyer.
• Qualifying for LTD after two years on benefits: The test in order to qualify for long-term disability benefits changes after two years on disability leave. After two years, claimants have to prove that they are unable to work in any occupation that they are suited for with a comparable income. Claimants that are still unable to work after two years in any occupation, with the support of their doctor, should continue to receive benefits. There has to be a very good reason for adjusters to cut off benefits after initial approval in the “any occupation” period is given.
• Obligation to meet with employers while on sick leave: Individuals must listen to the advice from treating doctors and their medical team as only a medical professional can determine when a return to work is possible. Employers cannot and should not pressure employees to return to work before they are medically cleared to do so.
• Travel restrictions while on LTD: It is important for claimants to determine whether their long-term disability policy includes terms regarding leaving the country and travelling while receiving benefits. Insurance companies look at various aspects of a claimant’s daily life and activities. Claimants should be open and honest with their case managers.