Disability Law Show: Alberta & BC – S2 E11

Episode Summary

What is the change in definition period while on LTD? 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

• A cost of living adjustment: A cost of living adjustment can be included in a long-term disability policy. At the end of a year, a cost of living adjuster can occur. The benefit amount will increase by a certain percentage. There are limitations to these increases, and not all disability policies include this provision. Individuals should consider this when purchasing private insurance coverage.
• Difference between “own” and “any” occupation period: In a group disability policy, after the first two years of long-term disability, a change in the definition of disability occurs. Claimants will have to prove they are disabled from working in any occupation, and not just their own. Other possible occupations must be positions for which a claimant has the skillset, and can earn a comparable income.
• Deductions from disability benefits: Disability policies will include provisions regarding direct and indirect offsets. Claimants that apply for other programs, like CPP Disability, and receive approval, will likely have deductions made by their insurers. Other sources of income, such as rental income or inheritance, are not considered employment income.
• Denied LTD due to a late application: Many claimants are denied long-term disability benefits after waiting to recover or improve. Rather than appeal or give up rights to benefits, claimants should speak to a disability lawyer. Claimants that have a good reason for missing a deadline will likely still be able to apply for disability benefits due to relief from forfeiture.