Disability Law Show: Alberta & BC – S1 E30

Episode Summary

Can claimants refuse to return to work when instructed by an insurer? 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

• Denial of LTD and a cut off of benefits: The effect of an LTD denial or a cut off from benefits is effectively the same however they are not the same thing. An LTD denial is when the insurance company outright denies an LTD claim. A denial does not have to be accepted by claimants. A cut-off from benefits occurs when an insurance company believes claimants initially are able to receive benefits but after a period of time, the benefits stop.
• Contacting a disability lawyer after a denial: Claimants that have been denied long-term disability benefits should contact a disability lawyer as soon as the denial occurs. Many people are often shocked at the denial and often believe they can convince the insurance adjuster of the error in the denial and appeal the denial.
• Denied LTD due to lack of medical support: In some cases, despite the support of treating doctors and medical teams, insurance adjusters deny long-term disability benefits. Mental health claims, like depression and anxiety, are often denied as they can be more difficult to prove with objective medical evidence. Individuals that are denied should contact a disability lawyer as soon as possible to determine their next steps.
• Refused a return to work plan by the insurer: Insurance companies are ultimately motivated to push claimants to return to work so that they can discontinue long-term disability benefits. Claimants should only return to work if their treating doctor has approved them do to so. A return to work before a claimant is medically able to do so can lead to a regression in recovery and further deterioration of health.
• Job filled upon approval for a return to work: Employment issues and long-term disability can often overlap. Employers have an obligation to keep positions open for employees returning from a disability leave, depending on the amount of time an employee has been on disability leave.