Disability Law Show: Alberta & BC – S1 E36

Episode Summary

Are you required to attend an IME if your LTD benefits are ending? Disability lawyer and national co-managing Partner 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

• Insurer causes confusion about benefits ending: In most cases, claimants are required to attend a medical assessment if requested by the insurance company. For some claimants, if they have been told their benefits will end regardless of the IME, there are questions about the reason for the assessment. Claimants unsure about their next steps should contact a disability lawyer to determine their next steps.
• Claimant bullied by insurance claims adjuster: Insurance adjusters are obligated to operate and communicate with claimants in good faith. Claimants experiencing mental health difficulties, particularly depression and anxiety, can have difficulty with aggressive adjusters. Claimants that feel they are being bullied or harassed by their insurance adjuster should confirm in writing all correspondence with their adjusters. Claimants are also able to complain about their communication and experience with their adjusters to the insurance company and request another adjuster.
• Denied LTD despite extenuating circumstances and severe depression: Claimants that have the support of their doctors and treating medical team should be approved for long-term disability. In some cases, if the behaviour of the insurance company has led to increased pain and suffering for claimants, additional damages as well as approval of benefits could occur.
• Retirement funds affect LTD benefits: Long-term disability policies will contain provisions that state that the insurer will be entitled to offsets or reductions in payments if a claimant is receiving benefits elsewhere, such as CPP Disability.