Disability Law Show: Alberta & BC – S2 E02

Episode Summary

What is the purpose of an independent medical examination? Disability lawyer and national co-managing Partner Sivan Tumarkin at Samfiru Tumarkin LLP, answers 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

• Professionals and long-term disability: Many professionals have private disability policies which can have their own provisions and variances in comparison to group insurance policies. Claimants unsure of their entitlements and about the terms outlined in their policy can and should seek advice from a disability lawyer.
• Definition and terms of an IME: An independent medical examination is often requested by an insurance adjuster. An IME requires a claimant to be evaluated by the insurance company’s chosen medical professional. It is important for claimants to remember that IMEs are rarely independent as the assessor works for the insurance company. An independent evaluation is typically requested in order to justify a denial or cutting off from disability benefits.
• Lost employment while on long-term disability: Technically an employer is not permitted to terminate an employee as a result of a disability as it is a human rights violation. Claimants that have lost their employment while on LTD should continue to receive benefits. Employers could owe a terminated disabled employee severance pay as well as possible human rights damages. It is important to remember that claimants’ benefits could be affected if they receive severance pay as the insurer is entitled to a credit.
• Caregiving for a family member while on LTD: Caring for a family member or childcare obligations are not considered to be jobs or employment. Despite this, insurance companies will use many daily activities of claimants to justify a denial of disability benefits. Claimants unsure of any elements, like an inheritance, that could affect their benefits should look closely at the terms outlined in their disability policy.
• Claim denied due to alcohol exclusion in policy: Addiction and substance abuse is considered to be a disability. Exclusions are very interpreted by courts very narrowly. It is typically a waste of time in order to file an appeal as they are rarely successful. Claimants denied LTD benefits as a result of addiction should speak to a disability lawyer.