Disability Law Show: Alberta & BC – S2 E18

Episode Summary

Can disability claims be pressured to participate in a rehabilitation program? Disability lawyer Martin Willemse at Samfiru Tumarkin LLP, answers this question and more on the Disability Law Show on 980 CKNW, 770 CHQR and 630 CHED.

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

• Denied due to late application: There are contractual provisions that require claimants to apply for long-term disability benefits by a certain deadline. Often, deadlines are missed for legitimate reasons. Many people are not aware of the specific provisions outlined in their disability policy. The court system has acknowledged that missed deadlines can happen for a myriad of reasons and cannot always lead to a denial of benefits.
• Rehabilitation programs for a return to work: There is also an expectation that individuals will have to partake in a rehabilitation program. Insurers will expect claimants to return to work shortly after beginning a rehabilitation program. Many claimants are unable to return to work despite the program and should not assume the insurer is correct. Claimants should speak to their own treating doctor and address their concerns about the rehabilitation program.
• Slow recovery after an injury occurs: Some claimants can experience symptoms from various conditions. Medication and treatment can resolve one medical condition, but other injuries might take longer to heal. Claimants must continue to seek treatment from their treating medical team and ensure their insurer is aware of their prognosis. A doctor’s report must be detailed and specific to the claimant’s inability to work.
• Mental illness deemed a pre-existing condition: Mental health conditions can be complex and require extensive treatment and medication. Insurers can presume that a condition was pre-existing, despite contrary medical evidence. Claimants unsure of their rights should look closely at the pre-existing clause in their disability policy.