Disability Law Show: Alberta & BC – S2 E15

Episode Summary

What are invisible illnesses and why are they stigmatized? 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

• ong-COVID and disability benefits: Many individuals are experiencing the long-term effects of contracting COVID-19. Often, symptoms can be debilitating and prevent individuals from working due to brain fog. extreme fatigue, etc. Despite the rising cases of long-COVID-19, many individuals are still denied disability benefits. Insurers deny benefits often due to the novel nature of COVID-19. It is important to remember that a diagnosis is not required in order to receive LTD. Ongoing symptoms and the support of a doctor should lead to approval for benefits.
• Invisible illnesses and applying for benefits: Due to the invisible nature of many illnesses, many mistakenly believe that they do not exist. Many illnesses, such as chronic pain, mental health conditions, etc, are not visible in imaging or through tests. Insurers often claim there is no objective medical evidence to approve a claim as a result. Claimants should speak to their doctors as well as a disability lawyer in order to receive benefits if denied.
• Late application leads to LTD denial: Insurance companies can deny disability benefits based on contractual terms, such as a late application. Administrative errors should not lead to a denial of benefits as they are easily corrected. If there is a legitimate reason for a late application, individuals are able to pursue “relief from forfeiture” in court.
• Lack of support from a treating doctor: In many provinces across the country, many people are struggling to find a doctor. Claimants must try their best to find a treating doctor in order to complete adequate documentation for disability benefits. In the event a doctor retires or relocates, claimants should inform their insurance adjusters. In some instances, claimants are granted grace periods in which they are not required to send in a medical update.