Pre-existing conditions and LTD benefits.
A pre-existing condition is a condition that you previously received treatment for, that is in some way connected to the medical issue that is currently preventing you from working. It does not refer to any condition that you have ever had before. Sometimes an insurer will rely on an exclusion clause in your policy that says that you cannot receive benefits if you are suffering from a pre-existing condition. This is one way an insurance company tries to avoid paying you benefits. There are many instances in which insurers try to deny claims on the basis of a pre-existing condition and are...
read moreAddictions and LTD benefits.
If you struggle with addiction, whether with alcohol, drugs, or activities such as gambling, you may qualify for long-term disability benefits. However, much will depend on your employer’s group policy. Most do not preclude benefits due to addiction– but there are usually strict requirements regarding treatment and rehabilitation programs for qualification. There is also a difference between addiction involving legal substances, such as alcohol, cannabis, or painkillers prescribed by your healthcare provider– and illegal substances, such as heroin or cocaine. Jan A. Fishman will review your...
read moreChronic fatigue syndrome and LTD benefits.
A person suffering from chronic fatigue can seek benefits from their long-term disability insurance policy if their employer provides it. Many insurance companies are leery of providing benefits, however. Medical professionals do not entirely understand the syndrome, and there isn’t a list of specific criteria or tests for diagnosing it. The good news is that you could still successfully recover benefits with a long-term disability claim in this situation. While it could be challenging, Jan A. Fishman could assist you. Common factors in a chronic fatigue syndrome diagnosis The science...
read moreAnxiety and LTD benefits.
Many people struggle with anxiety, but most will respond to medication or other treatments. For some, however, this disorder becomes so overwhelming that they are unable to participate in normal activities, including employment. Whether a person is approved for long-term disability benefits for this depends on various factors. However, any type of claim for mental illness is more difficult to prove than physical injuries or diseases. Jan A. Fishman can assist you in preparing a long-term disability claim due to anxiety. Jan has been a lawyer for 30 years, and has assisted hundreds of people...
read moreAppeal Court rules that not all bad faith attracts punitive damages.
On November 3, 2020, the BC Court of Appeal held that not all bad faith conduct will result in an award of punitive damages. In Gascoigne v. Desjardins Financial Security Life Assurance Co. (c.o.b. Desjardins Insurance), [2020] B.C.J. No. 1821, 2020 BCCA 316, the insured, an ICBC bodily injury adjuster, sued her disability insurer under her group benefits policy when her claim for long term disability benefits was denied. She developed inflammation of the tendons of her left elbow, requiring surgery, and subsequently developed depression. At trial, the medical evidence established that she...
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