Disability Law Show: Alberta & BC – S2 E06

Episode Summary

Does a disability have to be physical to claim LTD? Disability lawyer and Samfiru Tumarkin national co-managing Partner Sivan Tumarkin 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

• Denied LTD despite psychological condition told to appeal: Claimants with mental health claims or psychological conditions are often denied long-term disability benefits. Insurance adjusters will argue that there is a lack of objective medical evidence. Rather than appealing the denial, claimants would benefit from filing a legal claim. Appeals are rarely successful as they are not conducted by an objective third party.
• Definition of disabled from working: Insurance companies have had to come to accept the fact that there does not have to be physical evidence of a disability. Many mental illnesses, such as depression or anxiety, cannot be discovered with scanning or imaging. A claimant has to prove, with the help of a treating doctor or medical professional, that their symptoms prevent them from working.
• Returning to work after long-term disability: Most disability policies contain a recurrence clause that allows existing benefits to continue after an attempt to return to work. A recurrence claim can only be applied within a specific time period. Claimants should only return to work with the approval of their treating doctor.
• CPPD and long-term disability approvals: Claimants that receive approval for CPPD have been able to prove that their condition is serious and prolonged. An approval for CPPD can only strengthen an LTD claim as the test in order to qualify is more difficult. Claimants are unsure about their claim and the specific legal details are within their rights should contact a disability lawyer.