Disability Law Show: Alberta & BC – S2 E08

Episode Summary

What does the term “totally disabled” mean in relation to disability benefits? 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

• Change of definition period: As claimants approach the two-year mark on long-term disability, a change of definition of disability occurs. Claimants have to prove they are unable to work in any occupation as opposed to just their own. Insurance adjusters are obligated to operate in good faith in claimants. While insurers are within their rights to investigate a claim, they have a duty to adjudicate claims in a timely manner.
• The term “total disability”: Many claimants incorrectly assume the definition of “totally disabled” in relation to disability benefits means they are completely unable to function in any capacity. To be deemed “totally disabled” in the context of disability benefits, a claimant must prove they are disabled from performing the essential tasks of their own occupation.
• Encouraged to appeal by the insurance adjuster: The appeals process is typically unsuccessful and often leads to a waste of valuable time for claimants. Appeals were created by the insurance companies to ensure the power and influence remained with them, rather than the claimant. Claimants should remember that there is a two-year limitation period in order to pursue their benefits and file a legal claim.
• Questioning provisions in a disability policy: Claimants that are unaware of the terms outlined in their disability policy are within their rights to request a copy from their insurer. All disability claimants have a contractual relationship with their insurance company. A policy will outline the obligations of each party and the benefits.