Disability Law Show: Alberta & BC – S2 E13

Episode Summary

What are common misconceptions about the “any occupation” period? 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 illness as a result of the workplace environment: Mental health claims can be complicated and multifaceted. Some mental illnesses arise as a result of a toxic workplace but continue to become generalized conditions. Some disability claims can be denied as a result of a condition being deemed “pre-existing”. Often claimants have symptoms of a condition and it is not immediately aware of the origin of the symptoms.
• Change of definition phase: The “any occupation” period of disability benefits does not mean a claimant is able to work in any type of job. Claimants have to be able to work in an occupation that is considered comparable to their previous position, and that they have experience. During the change in definition period, many claimants are cut off from disabilty benefits.
• Long-COVID and disability benefits: Many claims regarding COVID-19 long-haul symptoms have been denied by insurance companies. A common denial of benefits regarding long-COVID-19 is that there is a lack of objective medical evidence. It is important for claimants to remember that despite the novelty of COVID-19, ongoing symptoms and medical support are enough to qualify for disability benefits.
• Ignored by employer and disability benefits: There is often an interplay between employment issues and disability claims. It is important to file all appropriate claims with WorkSafe BC if a condition arises due to unsafe workplace conditions. It is important to contact all appropriate parties and file claims within set deadlines. Claimants should ensure all communications are documented in writing.