Disability Law Show: Alberta & BC – S2 E09

Episode Summary

What are common misconceptions about disability claims? Disability lawyer Martin Willemse 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, Martin and his team can get you the advice you need, and the compensation you deserve.

Listen to the Episode

Show Notes

• Mental illnesses do not qualify for LTD: It is a common misconception that mental illnesses do not qualify for long-term disability benefits. While many insurers view mental health claims with skepticism, mental illnesses like depression and anxiety are considered disabilities. Claimants with the support of their doctor should apply for disability benefits.
• The insurance company always wins: Claimants can be given the false assumption that the insurance company is always right. Doctors can become frustrated with their patient’s denial of benefits. It is important to seek legal advice from a disability lawyer in the event of a denial of benefits. Insurers deny claims despite support from a treating doctor and a claimant’s legitimate inability to work.
• Income while on disability leave: Most disability policies will contain provisions concerning external income and offsets. Certain types of income can be deducted from long-term disability payments, such as CPP Disability, retirement benefits, etc.
• Information request from the insurance company: Insurance companies are within their rights to request updated medical records and information from claimants on disability leave. It is important for claimants to continue to keep updated records in order to prevent insurers from stating there is a lack of sufficient evidence. Requests made by insurers have to be reasonable as they are obligated to operate in good faith with claimants.