Disability Law Show: Alberta & BC – S2 E04

Episode Summary

Can you apply for LTD if suffering from an addiction? 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

• Transitioning from short to long-term disability: A transition from short to long-term disability benefits is not always smooth and automatic. Insurance companies can pressure claimants to return to work instead of approving an LTD claim. Claimants cannot be forced to return to work before they are ready to do so. Claims can be denied due to a lack of objective medical evidence despite the fact that many conditions cannot be assessed objectively.
• Disability policies and addiction claims: Under most disability policies, addiction and substance abuse is considered to be a disability. Individuals suffering from addiction are able to apply for long-term disability benefits if they are no longer able to perform the essential tasks of their own or any occupation. Claimants with addiction that are denied benefits should seek legal advice from a disability lawyer.
• Treatment for substance abuse: Addiction long-term disability claims can be complicated and multifaceted. Insurance companies often do not understand the nature of addiction disabilty claims. Mental health claims and addiction can overlap. It is important for claimants to continue and comply with recommended treatment. Most disability policies do require claimants struggling with addiction to be in an in-treatment facility. This type of treatment is not always possible for claimants.
• Disability claim denied due to lateness: Disability claims can be denied by insurers on the basis of a late application. Claimants do still have recourse as a claim was denied on a contractual basis. A disability policy is considered a contract and so, claimants have to submit documentation by certain deadlines. In many cases in which a late application was sent in, cases have still been resolved and benefits approved.