Disability Law Show: Alberta & BC – S1 E31

Episode Summary

Should claimants continue to work despite disapproval from treating doctors? 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

• Mental health illness leads to problems at work: While in some cases, claimants are able to work through worsening mental health illness symptoms, there is often a denial as to the extent of their abilities. It is important for claimants to listen to the advice of their treating medical team and specialists. Claimants that continue to work despite disapproval from their doctors, risk termination of employment and an inability to apply for LTD.
• Private long-term disability policies: In some cases, individuals are able to buy private disability insurance policies. Often, these private policies can have an “own occupation” rider. While under most LTD policies claimants have to demonstrate that they are unable to work in any occupation after two years, some private disability policies with an own occupation rider do not have this inclusion. Insurance adjusters often do not pay attention to these riders or are unaware of it.
• Appeals process controlled by the insurance company: An appeals process is an internal process created by the insurance company in order to maintain control of a claim. Generally, appeals are unsuccessful and are not a valuable step for claimants who have been denied LTD or had their benefits cut off.
• Forced to undergo a back-to-work plan by the insurer: While insurance companies can often pressure claimants to return to work in order to end benefits, only a treating doctor can determine when a claimant is ready for work. Returning to work before a claimant is medically cleared to do so can lead to a further deterioration of health and regression in recovery and is not advisable. Claimants can respond in writing to their adjuster’s plan to return to work of their doctor’s disapproval.