For Albertans who can’t work due to an illness or permanent injury, long-term disability (LTD) benefits provide peace of mind.
Instead of worrying about how they are going to support themselves or loved ones financially, individuals are able to focus on their health and recovery.
Unfortunately, Albertans are often cut off LTD benefits while they are still disabled – creating a significant amount of mental and financial distress.
READ MORE: Can my insurance company cut off my long-term disability benefits after I have been approved?
In many cases, insurance companies don’t have a legitimate reason for doing so. The reality is that insurers profit by denying disability claims and keeping your money.
If you have been cut off from LTD benefits in Alberta, it might not be the end of the road. Here are three things you need to do.
1. Get your insurer’s reasons for the decision in writing
In our experience, insurance companies usually tell individuals over the phone that their disability benefits will be, or have been, cut off.
While your case manager’s argument might sound convincing, don’t hang up before asking them to provide you with the reasons for the decision in writing. This is known as a denial letter.
Denial letters force insurers to “lock in” their rationale for cutting off an individual’s access to LTD benefits – making it difficult for them to change their position at a later date.
READ MORE: Denied long-term disability? 4 reasons to get your insurer’s decision in writing
Once you receive your insurance company’s decision in writing, contact an experienced disability lawyer at Samfiru Tumarkin LLP. We can review your situation, assess your legal options and help you secure the compensation you deserve.
Even if you don’t have a denial letter, reach out to our firm as soon as possible. We provide free consultations for issues involving LTD and can answer any questions you have.
2. Talk to your doctor
After your insurer informs you that you have been cut off from LTD benefits, bring the denial letter to your treating doctor. Ask them if they agree with the insurance company’s decision.
If your physician disagrees, have them clearly explain in writing why your disability prevents you from returning to work.
In the event that you are receiving treatment from multiple medical professionals, ask each of them to also comment on your condition in a letter or email.
READ MORE: ‘Get full support from your doctor’: Disability lawyer’s guide to making insurance claims
One excuse commonly used by insurers in Alberta to cut off an individual’s access to disability benefits is that they no longer meet the definition of “totally disabled” under their policy. This “change of definition” usually occurs after receiving LTD for two years.
In this situation, it’s crucial that your doctor clearly outlines in writing why your disability prevents you from doing any job – rather than just your current occupation.
3. Contact us
If you are denied or cut off from disability benefits in Alberta for any reason, speak with an experienced disability lawyer at Samfiru Tumarkin LLP before appealing the insurance company’s decision.
Our compassionate team regularly resolves issues involving LTD, life insurance, critical illness and mortgage insurance claims across Canada.
We provide consultations at no cost to you and don’t get paid unless we get results. Over the years, we have helped thousands of clients, including Julie Austin and Sandra Bullock, secure the compensation that they are legally entitled to.
READ MORE: Insurer being difficult? 3 reasons you should hire a long-term disability lawyer
An interesting case that our firm recently handled involved a client who was cut off LTD benefits at the two-year mark.
The individual’s case manager told her over the phone that she no longer met the definition of “totally disabled” under their policy.
Before hanging up, she requested a denial letter. Once she received her insurer’s decision in writing, she contacted Samfiru Tumarkin LLP.
After reviewing the denial letter, our lawyers recommended bringing the document to her treating doctor.
Not only did her physician disagree with the insurance company’s decision, but he was shocked that he wasn’t consulted about her capabilities beforehand.
In an email, he specifically outlined why the individual’s disability prevented her from doing any job – even on a part-time basis.
READ MORE: The insurer cut off his benefits. Then his lawyer reviewed his medical assessment
With her doctor’s support, she felt confident about filing a legal claim. Not long after, we were able to settle her case for an extremely favourable amount of compensation.
Cut off long-term disability? Asked if you want to appeal the insurance company’s decision?
Contact the firm or call 1-855-821-5900 for a free consultation with a disability lawyer. We can help individuals anywhere in Canada (except Quebec). Get the advice you need and the compensation you deserve.
Sivan Tumarkin and Michael Gerhard are disability lawyers at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. The firm provides free advice on Canada’s only Disability Law Show on TV and radio.