For many British Columbians, it can be surprising to learn that it is possible to work while receiving long-term disability (LTD) benefits.
Sadly, it’s not uncommon for individuals who do so—even those simply volunteering—to be suddenly cut off LTD by their insurance company.
If this happens to you, there’s a very good chance that you have a legal claim. Here are three things you need to do.
1. Get a denial letter from your insurer
In the event that you didn’t receive one, denial letters force insurance companies to “lock in” their rationale for cutting off a claimant’s access to LTD benefits.
If your insurer did so without a legitimate reason, this document will make it very difficult for them to pivot to a different explanation at a later date.
READ MORE: 4 common reasons long-term disability claims are rejected in Canada
Get breaking National news
Once you have the denial letter in your possession, seek legal advice. Even if you haven’t received this document yet, it’s still in your best interest to schedule a consultation with a disability lawyer.
2. Discuss the decision with your treatment team
Another important step after you’ve been cut off LTD is to bring the denial letter to the doctor providing primary care for your disability.
Request a meeting with them at their earliest convenience. During the appointment, ask your doctor if they agree with the insurance company’s decision. In the event that they disagree, have them explain in writing why you still require access to disability benefits.
READ MORE: Long-term disability benefits: What happens after 2 years?
If other medical professionals are involved in your care, gather their opinions as well. The more supporting documentation you can provide, the better.
3. Contact a disability lawyer
When your livelihood is on the line, getting the right legal advice can make the difference. If you’ve been cut off LTD for any reason, connect with an experienced B.C. disability lawyer at Samfiru Tumarkin LLP before appealing your insurer’s decision.
Our compassionate team regularly resolves issues involving LTD, short-term disability, life insurance, critical illness and mortgage insurance claims across the province.
We provide free consultations for these types of matters and don’t get paid unless we get results. Over the years, we’ve helped thousands of Canadians, including Sandra Bullock and Julie Austin, secure the compensation they’re legally entitled to.
READ MORE: Insurer being difficult? 3 reasons you should hire a long-term disability lawyer
A troubling case that my team and I will never forget involved a warehouse manager in Vancouver who was cut off LTD because he occasionally volunteered at his nephew’s school.
The individual, struggling with generalized anxiety disorder (GAD), began hyperventilating when he spotted a denial letter from his insurance company in his email inbox—claiming that his ability to participate in volunteer work proved he was capable of “competitive employment.”
Not sure what to do next, the warehouse manager turned to his family for guidance. He was encouraged to contact Samfiru Tumarkin LLP for a free LTD consultation.
After a thorough review of the warehouse manager’s insurance policy, we found nothing in the document that prevented him from participating in volunteer work—regularly or occasionally.
Confident that he had a strong case, we told the warehouse manager to get the denial letter reviewed by his treatment team. Shocked by the insurer’s decision, his treating doctors clearly outlined in writing why he still required access to disability benefits.
READ MORE: The insurer cut off his benefits. Then his lawyer reviewed his medical assessment
With full support from the medical professionals involved in his GAD care, the warehouse manager contacted us again.
In the end, all it took was a brief phone call with his insurance company—no legal battle—to provide our client with financial peace of mind.
Denied or cut off long-term disability in British Columbia? Asked if you want to appeal your insurer’s decision?
Contact Samfiru Tumarkin LLP or call 1-855-821-5900 for a FREE consultation with a disability lawyer. We’ve helped thousands of Canadians secure the compensation they deserve.
Sivan Tumarkin is a disability lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in long-term disability claims and employment law. The firm provides legal insight on Canada’s only Disability Law Show on TV and radio.
