Chronic Pain, Fibromyalgia and LTD benefits.

“Learn from yesterday, live for today, hope for tomorrow.” – Albert Einstein 1879-1955   Chronic pain, fibromyalgia and chronic fatigue cases present unique challenges for an insurance denial lawyer whose task it is to prove disability when claiming entitlement to long-term disability benefits. The primary symptoms associated with these conditions are pain and fatigue. These symptoms are largely subjective experiences and, as such, the management of cases involving plaintiffs who suffer from these conditions pose difficulty for disability lawyers accustomed to relying upon medical...

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Medical Conditions and the Disability Tax Credit

The Disability Tax Credit (DTC) is different from other disability benefits plans. Unlike disability insurance plans that focus on how your medical condition affects your ability to work, the DTC focuses on impairment with your daily activities. Eligibility There are several medical conditions that qualify for the DTC. However, You automatically qualify for the DTC if your medical condition causes blindness or you need life-sustaining therapy. You also automatically qualify if you have Type 1 diabetes. You may be eligible for the DTC if you are: blind markedly restricted in at least one...

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Manulife Long-Term Disability: The Essential Guide

This article discusses everything you need to know about Manulife’s long-term disability benefits. This guide covers the rules and information about applying for Manulife long-term disability benefits, what happens after two years of being on Manulife long-term disability benefits as well as how to appeal a denial. If you need to win long-term disability benefits from Manulife it is crucial to learn as much about them as you can. We wrote this guide to help you put your best foot forward when dealing with a Manulife long-term disability claim. About Manulife Manulife Insurance is one of...

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BC Supreme Court “Unable to Presume That ICBC Will Conduct Itself Honourably Moving Forward”.

On March 13, 2024, the BC Supreme Court showed just how poorly ICBC fulfilled their obligations to an individual they insured despite making promises to the court that they will be fair.  Madam Justice Murray noted she is “unable to presume that ICBC will conduct itself honourably moving forward“. In (Taylor v. Peters) the plaintiff suffered serious injuries in a 2017 crash.  She was not at fault.  Back then BC crash victims still enjoyed the right to sue for proper compensation.  At trial the plaintiff was awarded $407,000 in total damages.  ICBC, the insurer for the at fault driver, could...

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Appeal Court upholds $1.5 million punitive damages against LTD insurer.

In Baker v. Blue Cross Life Insurance Co. of Canada, [2023] O.J. No. 5748, 2023 ONCA 842, the Ontario Court of Appeal (“OCA”) upheld a $1.5 punitive damages award against a disability insurer, finding that it was warranted in the face of what appeared to be a systemic approach by the insurer’s claims handling team to ignore the insured’s rights under the policy. However, the court found that the trial judge erred in creating a new category of cases where full indemnity costs will automatically follow (although they were allowed on the facts of this case). The insured suffered a...

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