Long-Term Disability Claims in British Columbia: Know Your Rights and Protect Your Interests

Understanding Long-Term Disability (LTD) Insurance

Long-term disability (LTD) insurance provides financial support to individuals who are unable to work due to illness, injury, or disability. It aims to replace a portion of your income, ensuring that you can meet your financial obligations and maintain your quality of life.

The Importance of Knowing Your Rights in British Columbia

In British Columbia, it is crucial for individuals with LTD claims to understand their rights and obligations under the province’s laws and regulations. This knowledge empowers them to make informed decisions and avoid potential pitfalls throughout the claims process. Long-term disability insurance companies are always looking for excuses to deny payment.

The Role of the Insurance Act of British Columbia

The Insurance Act of British Columbia governs insurance contracts, including LTD policies. It establishes the rights and duties of both the insurer and the insured. Key provisions of the Act include:

Insurers must act in good faith, providing clear and accurate information about policy terms, conditions, and exclusions
You must disclose all relevant information when applying for coverage
Insurers have a duty to investigate claims promptly and fairly
You have the right to dispute claim denials through internal appeals and external legal channels

Common Reasons for LTD Claim Denials and How to Address Them

There are several reasons why LTD claims may be denied by insurance providers. Understanding these reasons can help you take proactive steps to improve your chances of a successful claim.

Insufficient Medical Evidence

To qualify for LTD benefits, claimants must provide comprehensive medical documentation that substantiates their inability to work. This documentation may include:

Medical records detailing the claimant’s diagnosis, treatment, and prognosis
Physician and specialist statements outlining the claimant’s functional limitations and restrictions
Diagnostic test results, such as X-rays, MRIs, or blood tests To address this issue, you should collaborate closely with your healthcare providers, ensuring that all relevant medical evidence is submitted with your claim.

Pre-Existing Condition Exclusions

LTD policies may contain exclusions for pre-existing conditions, meaning that benefits may be denied if the claimant’s disability is related to a condition they had before obtaining coverage. To mitigate this risk, you should review your policy documents and seek clarification from your insurer about any exclusions that apply.

You should always be alert to the fact that insurance companies will sometimes allege that your current disability is caused by a pre-existing condition when in fact your current disability is caused by a new condition. If you have any doubt, you should seek the advice of a lawyer familiar with long-term disability.

Policy Definition of Disability

LTD policies define disability in various ways, often differentiating between “own occupation” and “any occupation” definitions. Understanding these definitions and how they apply to a claim is essential.

Own Occupation: You are considered disabled if you are unable to perform the duties of your specific occupation.
Any Occupation: You are considered disabled if you are unable to perform the duties of any occupation for which you are reasonably suited based on your education, training, and experience.

You should review your LTD policy’s definition of disability, gather supporting evidence that demonstrates your inability to work, and consult with legal experts as needed.

Protecting Your Rights and Interests in LTD Claims

To ensure that your rights and interests are protected throughout the LTD claims process, you should:

Keep detailed records of all correspondence with your insurer, including emails, letters, and phone calls.
Maintain a personal journal documenting the progression of your illness or injury and its impact on your daily activities and work capabilities.
Consult with experienced legal counsel who can provide guidance, representation, and advocacy during the claims
Seek a second medical opinion if necessary, to strengthen the medical evidence supporting your claim.
Be proactive in meeting deadlines and responding to insurer requests for information, ensuring that your claim is processed efficiently and without undue delay.
Familiarize yourself with the internal appeals process offered by your insurer, should claim be denied initially. However, you may wish to seriously consider skipping the appeal and going straight to a lawsuit.
If all internal appeals are exhausted and the claim remains denied, explore the option of pursuing legal action, such as filing a lawsuit against the insurer.

The Value of Expert Legal Support in LTD Claims: Introducing Tim Louis, a Leading Long-Term Disability Lawyer in Vancouver

Navigating the complex world of LTD claims can be daunting, particularly for individuals already facing the challenges of illness or injury. Retaining the services of an experienced LTD lawyer, such as Tim Louis in Vancouver, can provide invaluable support and guidance throughout the claims process.

The benefits of expert legal representation with Tim Louis and his team include:

A comprehensive review of the your LTD policy, ensuring that you understand your rights, obligations, and potential entitlements
Assistance with gathering and organizing medical evidence to substantiate the claim
Skilled negotiation with the insurance provider to secure a fair and timely settlement
Representation in the event of a dispute or lawsuit, protecting the your interests and advocating for your right to LTD benefits

Choosing the Right LTD Lawyer: Why Tim Louis Stands Out

When selecting an LTD lawyer, you should consider the following factors, which Tim Louis and his team excel at:

Extensive experience and a proven track record in handling LTD claims and disputes
In-depth familiarity with the specific legal framework governing LTD insurance in British Columbia
Accessibility and availability for consultations, updates, and support throughout the claims process
Transparent fee structure, with a clear explanation of costs and potential outcomes
Consistently outstanding client reviews

Tim Louis’s long-standing reputation as a leading long-term disability lawyer in Vancouver makes him an excellent choice for individuals seeking expert legal assistance with their LTD claims.

Long Term Disability Claims in British Columbia

The process of filing an LTD claim in British Columbia can be complex and challenging. By understanding their rights, being proactive in gathering evidence, and seeking expert legal support from Tim Louis and his team, you can improve your chances of a successful claim and secure the financial support you need during your time of disability. Knowledge is power, and being well-informed will help you protect your interests and navigate the LTD claims process with confidence.

Long-term disability claims can be a complex and emotionally challenging process. My goal is to provide clients with the knowledge, support, and representation they need to navigate the system with confidence, ensuring they receive the benefits they deserve." -

Tim Louis, Vancouver Long-Term Disability Lawyer

Protecting Your Financial Future: The Role of Long-Term Disability Lawyers Like Tim Louis

The journey to obtaining long-term disability benefits can be fraught with obstacles and uncertainties. For individuals in Vancouver and British Columbia, partnering with a dedicated and experienced long-term disability lawyer like Tim Louis can be the key to unlocking the financial support they need to protect your future.

Comprehensive Claim Support and Guidance

Tim Louis and his team understand the importance of providing comprehensive support to clients throughout your LTD claims process. This includes:

Educating clients on their rights and responsibilities under British Columbia’s Insurance Act
Ensuring that clients meet critical deadlines and submit all necessary documentation to strengthen their claims
Advising clients on the most effective strategies for obtaining a favorable outcome, whether through internal appeals, negotiations, or litigation

Focused on Client Success

Tim Louis’s commitment to client success is evident in his personalized and compassionate approach to long-term disability claims. By understanding the unique challenges each client faces, he can tailor his legal strategies to address their specific needs and goals.

In addition to his expertise in LTD claims, Tim Louis is also known for his dedication to advocating for the rights of individuals facing discrimination, workplace disputes, and personal injury cases. This broad legal experience allows him to offer comprehensive guidance to clients with intersecting legal issues, ensuring their rights are protected on all fronts.

A Partner in Your Journey to Financial Stability

The support of an experienced long-term disability lawyer like Tim Louis can make all the difference when navigating the complex world of LTD claims. With Tim Louis by your side, you can approach your claim with confidence, knowing that your best interests are being protected every step of the way. From gathering evidence to negotiating with insurance providers and representing you in disputes, Tim Louis’s unwavering dedication to client success will help you secure the financial support you need to safeguard your future during times of disability.

Frequently Asked Questions About Long-Term Disability Claims in British Columbia

What are the eligibility requirements for long-term disability benefits in British Columbia?

To be eligible for long-term disability benefits, the claimant must typically meet the following criteria:

Hold an active LTD policy at the time of disability
Satisfy the waiting or "elimination" period specified in the policy
Provide comprehensive medical documentation to support your claim, including evidence of the illness or injury and the resulting limitations and restrictions
Meet the policy's definition of disability, either under the "own occupation" or "any occupation" criteria

How long does it take for an LTD claim to be processed and approved?

The processing time for an LTD claim varies depending on the complexity of the case and the responsiveness of both the claimant and the insurance provider. Generally, it can take several weeks to a few months for a claim to be processed, reviewed, and approved. It is essential for claimants to promptly provide all requested information and documentation to help expedite the process.

What should I do if my long-term disability claim is denied?

If your LTD claim is denied, take the following steps:

Review the denial letter carefully to understand the reasons for the denial
Seek expert legal advice from an experienced LTD lawyer, such as Tim Louis in Vancouver, to discuss your options
Gather additional medical evidence or documentation to address the reasons for the denial
File an internal appeal with your insurance provider, following their established procedures
If necessary, explore legal options, such as filing a lawsuit against the insurer

How can an LTD lawyer like Tim Louis help me with my claim?

An LTD lawyer like Tim Louis can provide invaluable support and guidance throughout the claims process by:

Reviewing your LTD policy and ensuring you understand your rights and obligations
Assisting with gathering and organizing medical evidence to support your claim
Negotiating with the insurance provider on your behalf to secure a fair settlement
Representing you in disputes or lawsuits to advocate for your right to LTD benefits

How are long-term disability benefits calculated?

LTD benefits are typically calculated as a percentage of the claimant's pre-disability income, often ranging from 60% to 85%. The exact amount and duration of benefits will depend on the specific terms and conditions of the policy, as well as any maximum benefit limits or minimum benefit durations. It is crucial for you to review your LTD policy documents to understand your potential entitlements.

Long Term Disability BC

Maximizing Your Benefits: Why You Need a Long-Term Disability Lawyer in Vancouver

If you are dealing with a long-term disability in BC, it can be challenging to know how to navigate the legal landscape. You may be entitled to benefits from your employer, insurance companies, or government programs like the Canada Pension Plan and Persons with Disabilities. However, understanding these benefits and how to apply for them can be complex. In this blog post, we explore what long-term disability is, the types of benefits available, and how to apply for them. Additionally, we address common questions like how long you can be on disability in BC and whether your employer can terminate you while you’re on long-term disability. If you’ve been denied benefits, we also explain why insurance companies deny claims and the benefits of hiring a long-term disability lawyer to help you navigate the legal process.

What is Long -Term Disability?

Many employers will provide their employees with long-term disability insurance coverage. Usually, this coverage is obtained by the employer from an insurance company. Each insurance company will have its own insurance policy. The policy will define long-term disability. In most long-term disability insurance policies, there are two types of disability – short-term and long-term. To be eligible for long-term disability, you must be unable to work for longer than the short-term benefits last. Typically, but not always, this is 17 weeks.

Once your short-term disability benefits come to an end, you are eligible for long-term disability benefits so long as you are unable to work in your own occupation. You are eligible for long-term disability benefits even if there are other occupations you can work as. However, this situation changes at the 2-year mark. Even if you remain unable to work at your own occupation for 2 years, your long-term disability benefits will come to an end unless you are unable to work at any occupation for which you are suited based on your education and experience. This 2-year mark is quite often referred to as the “own occ-any occ” transition.

What illnesses legally qualify for long-term disability?

Unless your long-term disability insurance policy specifically excludes named disabilities or illnesses, all qualify for long-term disability insurance benefits so long as you are unable to work at your own occupation for first 2 years and thereafter you are unable to work any occupation. It is very important that your family doctor is prepared to stand behind you. This means that they are willing to give evidence at trial. Under the rules of court, they are only permitted to give evidence at trial if they provide your lawyer with a Medical Legal Report (MLR) and your lawyer serves this report on the insurance company’s lawyer no later than 84 days prior to your trial.

It usually does not matter what type of illness or injury you suffer from. So long as you have the necessary medical evidence to prove that you are unable to work, you qualify for long-term disability benefits.

It is important to remember that your long-term disability benefits are not taxable if you were paying the premium yourself. If your employer was paying the premiums, then your long-term disability benefits are taxable. For this reason, most employees will want to pay all long-term disability insurance premiums themselves.

Understanding the Different Types of Benefits for Long-Term Disability
in Vancouver BC

LTD Insurance
Long-term disability insurance benefits are just one type of income a disabled worker may be entitled to. However, in almost all cases, these benefits are far superior than all other types of disability benefits. Your long-term disability benefits will typically be 66% of your pre-disability gross income. Given the fact that these benefits are not taxable so long as you are paying the premiums yourself, your long-term disability will be very close, if not equivalent, to what you were earning net of taxes prior your disability.
CPP
The Canada Pension Plan offers not just retirement benefits, but also disability benefits. There is no minimum age requirement for Canada Pension Plan Disability (CPP-D) benefits.
You are qualified to receive the CPP-D benefits if you: • are under 65 • have contributed enough to the Canada Pension Plan • have a mental or physical disability that regularly stops you from doing any type of substantially gainful work • have a disability that is long-term and of indefinite duration, or is likely to result in death
If you are eligible for long-term disability benefits, you will almost certainly also be eligible for Canada Pension Plan Disability benefits (CPP-D). Unfortunately, almost all long-term disability insurance policies make it a requirement that you apply for CPP-D. The policy will also say that all CPP-D benefits you receive are deducted dollar for dollar from your long-term disability benefits.
Caution – do not be lulled into failing to apply for CPP-D knowing that it will not be money in your pocket, but only in the pocket of your insurance company. If you fail to apply for CPP-D, the insurance company will deduct from your long-term disability insurance benefits an amount equivalent to the CPP-D you would have received had you applied.
There is no asset limit that would prevent eligibility. Your assets will not disentitle you.
PWD
In British Columbia, the provincial government provide a form of income assistance referred to as “Persons with Disabilities” (PWD). As distinct from CPP-D above, if your assets exceed $100,000, not including your home or your vehicle, you are not eligible for PWD benefits. Even worse, these benefits are not tied to any income you may have previously been earning. Instead, the provincial government arbitrarily sets the amount.

For example, you could get up to:
- $1,358.50 if you are single
- $2,423.50 if you and your spouse have Persons with Disabilities designation and have no children
- $1,703.50 if you are a single parent with one child
- $2,143.50 if you or your spouse have Persons with Disabilities designation and one child
If you are receiving long-term disability benefits, you are not eligible for PWD. If you are receiving CPP-D, it will be deducted dollar for dollar from your PWD.
WorkSafe
WorkSafe benefits are only payable if you are unable to work due to an injury you suffered while working. WorkSafe benefits are not taxable. If you are curious about how much you may be eligible to receive, please see this page for more information.
Disability Tax Credit
The disability tax credit (DTC) is a non-refundable tax credit that helps you, or your supporting family member, reduce the amount of income tax they may have to pay.

If you have a severe and prolonged impairment, you may apply for the credit. If you are approved, you may claim the credit at tax time.

By reducing the amount of income tax you may have to pay, the DTC aims to offset some of the extra costs related to the impairment.

You may be eligible for the Disability Tax Credit if a medical practitioner certifies that you have a severe and prolonged impairment in 1 of the specified categories, significant limitations in 2 or more of the specified categories, or receive therapy to support a vital function. To learn more about these categories and your potential eligibility, please see this page.

How to apply for Long-Term Disability Benefits?

Your employer will have a specified process for applying for long-term disability benefits. Typically, your employer will provide you with the application form. Separately, your employer must fill out a form and send it to the insurance company. Finally, you must have your family doctor fill out and provide a form called an Attending Physician’s Statement (APS). The APS is sent directly to the insurance company by your doctor.

I would strongly recommend that you ask your doctor if you could work on the APS together. You do not want the APS to contradict what you are saying in your application form. Most doctors will be very agreeable to this reasonable request.

Why do insurance companies deny claims?

There can be several reasons why insurance companies deny long-term disability claims.

It’s important to note that insurance companies have a financial incentive to deny claims, as it saves them money. However, if a claim has been denied, it is possible to appeal the decision and pursue legal action if necessary.

In my opinion, insurance companies always put the interests of their shareholders ahead of the interests of people making claims.

Why hire a long-term disability lawyer?

Long-term disability insurance companies do not like lawyers. They do not like being held accountable. They do not like the threat of going to court. Over my many decades of practice, I have had many cases where the insurance company flatly denied my clients claim for long-term disability benefits. Then, after my client hired me and I started a lawsuit, they do an about face and pay the claim. If your claim for long-term disability benefits has been denied, I would strongly urge you to hire a lawyer familiar with suing long-term disability insurance companies.

How long can you be on disability in BC?

So long as you remain unable to work, either at your own occupation for the first two years or at any occupation thereafter, you remain eligible for long-term disability benefits until you are 65 years of age.

Can you terminate an employee on long term disability in BC?

Unfortunately, the answer is yes. An employer is entitled to terminate an employee if there is no reasonable prospect of a foreseeable return to work. If your employer is considering terminating you, you may wish to obtain a letter from your doctor providing an estimated return to work date. The downside to this letter is that your insurance company may then use it to terminate benefits if you fail to return to work by that date.

What is the difference between short-term and long-term disability insurance?

Far far away, behind the word Mountains far from the countries Vokalia and Consonantia, there live the blind texts. Separated they live in Bookmark

What is CPP-D and who is eligible for it?

Canada Pension Plan Disability (CPP-D) benefits are offered by the Canada Pension Plan and are available to anyone under the age of 65 who has contributed enough to the Canada Pension Plan and has a mental or physical disability that regularly stops them from doing any type of substantially gainful work. The disability must be long-term and of indefinite duration, or is likely to result in death.

Are long-term disability benefits taxable?

Long-term disability benefits are not taxable if you were paying the premium yourself. However, if your employer was paying the premiums, then your long-term disability benefits are taxable.

Why would someone need to hire a long-term disability lawyer?

If a claim for long-term disability benefits has been denied, it may be helpful to hire a lawyer familiar with suing long-term disability insurance companies. Insurance companies may put their interests ahead of those making claims, and a lawyer can help hold them accountable and work towards getting the benefits deserved.

Experienced Long-Term Disability Lawyer in Vancouver, BC – Tim Louis

Looking for a long-term disability lawyer in Vancouver, BC? Tim Louis can help. With over 40 years of experience, Tim Louis provides personalized and compassionate legal guidance to clients dealing with long-term disabilities. From filing claims to appealing denied claims, he has a track record of success in achieving positive outcomes for his clients. Contact us to learn more about how we can help you with your long-term disability case in Vancouver.

Long Term Disability for Anxiety and Depression

Insights into Long Term Disability for Anxiety and Depression by Tim Louis

Long Term Disability for Anxiety and Depression

A claim for long term disability benefits may be made if you are disabled from work as a result of Anxiety or Depression. Both of these conditions can result in an inability to work. Many of my long term disability clients ask me what is the difference between Anxiety and Depression.

What is the difference between Anxiety and Depression?

Both Anxiety and Depression are types of mood disorders. Neither is necessarily disabling in the sense that if not severe, the individual may find that they are able to continue to work with either or both of these conditions.

However, both of these types of mood disorders can render an individual unable to work.

Anxiety can create feelings of worry, nervousness, or dread. Depression causes feelings of sadness, hopelessness, and reduced energy.

Although these two conditions are different, an individual can have both at the same time. In fact, depression and anxiety often occur together. Roughly 60% of people with anxiety also have symptoms of depression, and vice versa. The conditions themselves can also amplify the symptoms of the other, causing the symptoms to worsen or last longer.

Common Questions about Anxiety and Depression and Long Term Disability

Common questions clients of mine suffering from anxiety and/or depression ask me are:

Is long term depression and/or anxiety a disability?
The answer is yes. The federal government has long recognized these conditions as disabilities. Long term disability insurance companies also recognize these conditions as potentially disabling. However, a mere diagnosis does not in and of itself qualify you for long term disability benefits. Your condition must be so severe that it prevents you from working.
Can depression cause permanent disability?
Unfortunately, the answer is yes. Sometimes, although luckily rarely, depression can be so long term and extreme that it is permanently disabling. In this case, an individual will never be able to go back to work. Your medical team will be just able to let you know whether or not your depression is likely to be treatable or is permanent.

Suffering from Depression and/or Anxiety?

If you are suffering from depression and/or anxiety to the extent that it is preventing you from working, then in order to make a successful claim for long term disability for depression and anxiety, you should make every effort to bring your family doctor up to speed. They would need to know how your mood disorder is affecting your ability to work.

An example of how depression could affect your life could be an inability to get out of bed due to your depressed mood and fatigue forcing you to call in sick. Your symptoms might cause other problems such as inability to focus, concentrate, or pay attention during meetings or phone calls. Lack of interest in things you once enjoyed due to low energy and feelings of hopelessness can make even the most mundane tasks seem like mountains to climb.

On the other hand, with anxiety, it can affect your life in a completely different manner. You might feel so anxious that you feel physically ill, making you unable to go in to work. You might have panic attacks due to immense feelings of worry and fear. You could have social anxiety, meaning that social interactions themselves can cause you great stress and fear. There are many types of anxiety disorders, and each of them can impact your life in different ways.

Both of these mood disorders can put your life, career, and relationships in disarray.

It is also very important that you are aware of the fact that you are not eligible for long term disability benefits if your mood disorder is caused by the unique workplace environment of your current job. If a change of employers would likely leave you now no longer disabled, but rather able to work, then you do not have a valid claim for long term disability for anxiety and depression. It is for this reason that your application for long term disability benefits should not suggest that the root cause of your mood disorder is your work environment.

Making a Claim for Long Term Disability for Anxiety and Depression

Making a claim for long term disability benefits is relatively easy. Your employer will provide you with the form that needs to be filled out. One of these forms, the Attending Physician Statement, will need to be completed by your family doctor. If you are seeing a specialist such as a psychiatrist for treatment, you may consider having the specialist complete the Attending Physician Statement.

If you have been denied long term disability benefits and do suffer from depression and/or anxiety, contact me immediately for a no-fee consultation. 778-855-3494.

Chronic Fatigue Syndrome

Chronic Fatigue Syndrome and Long-Term Disability

by Tim Louis

Chronic Fatigue Syndrome is considered by some to be an orphan illness. This is because there is no cure for the disease and because there is no accepted medical test to diagnose it. In fact, many doctors do not recognize it. However, for the individuals suffering this debilitating condition, it is very real. Even what they call it is in dispute. Most patients prefer “myalgic encephalomyelitis,” or ME. However, the medical literature uses “chronic fatigue”.

Chronic Fatigue Syndrome is profoundly disabling. It renders individuals unable to get out of bed for days at a time. Sleep is no longer ever refreshing. It also strikes very quickly – one day the individual is healthy, and the next day the individual wakes up with the sensation of a bad flu. However, the “flu” never goes away. In some cases, it is so disabling as to paralyze a limb or even cause temporary blindness.

It is not unusual for individuals to believe they are going crazy when they first get Chronic Fatigue Syndrome.

Figures for Canada are not available, but it is thought that CFS afflicts between 836,000 and 2.5 million Americans.

For many years, a number of doctors believed the disease was all in the patient’s head.

Chronic Fatigue Syndrome – Denied Long-Term Disability Benefits?

I have represented many individuals suffering from Chronic Fatigue Syndrome. When denied the Long Term Disability Benefits they are entitled to, they hire me to sue their insurance company. One thing I noticed is that “good days” were always followed by “bad days”. In fact, because the “good day” was a gift from heaven, my client would do everything she or he wanted to do on that day. The sad result is that they would then be much much worse the following day. The trick was to always limit their activities on “good days” to half of what they felt they could do. This would result in a much better day the following day.

Long-Term Disability Benefits for Chronic Fatigue Syndrome Denied?

Long Term Disability insurance companies typically reject applications from CFS patients because the patient is unable to objectively prove the presence of the condition. I address this problem head on. I rely on witnesses who give evidence as to my client’s day to day activities. If my client has witnesses that confirm an inability to get out of bed for days on end and an inability to carry on a normal life, then my client’s lawsuit is much stronger.

I also warn all of my Chronic Fatigue Syndrome long-term disability clients that their insurance company will almost certainly hire a private investigator to capture them on video on a “good day”. Insurance companies think this will be devastating at trial. However, as I mentioned above, witnesses who give evidence that my client simply has good days and bad days, will usually outweigh the video evidence.

I have encountered this many times, representing Chronic Fatigue Syndrome long-term disability clients. In one case, one year into the lawsuit, the insurance company hired an actress to knock on my client’s door. When he opened the door, she told him that her car has stalled in front of his house. He willingly agreed to her request that he push her car out of the way. Unbeknownst to my client, all of this was captured on video by the private investigator. Fortunately my client’s landlord was an RCMP officer who was witness to the fact that my client literally spent days on end in bed. The case settled out of court with the insurance company paying my client over $300,000.

If you have Chronic Fatigue Syndrome and your Long-Term Disability insurance company has denied you the benefits you are entitled to, call me for a free initial consultation. I have been suing Long Term Disability insurance companies for over three decades.

Learn More about Chronic Fatigue Syndrome

What is Chronic Fatigue Syndrome?

What is myalgic encephalomyelitis/chronic fatigue syndrome (ME/CFS)?

Chronic fatigue syndrome and fibromyalgia in Canada

Long-Term Disability Claim

by Tim Louis

Long-term disability insurance is designed to protect you in the event of serious injury or illness. If your psychological or physical condition prevents you from being able to work, the insurance company should pay out a monthly benefit. This is designed to provide some financial support for your care and treatment.

However, Insurance Companies Deny Long-Term Disability Claims

Unfortunately, the reality is that insurance companies deny long-term disability claims. Sometimes rehabilitative therapy for people suffering from a long-term disability can be helpful, but it is not always the case. Permanent disability can sometimes be the result as well. However compensation of long-term disability benefits is the least you should expect if you have insurance.

Dealing with insurance companies can be very difficult, particularly if you are dealing with a serious illness or condition. Having a lawyer, like Tim Louis, to guide and protect you through the process is the key to getting the compensation you deserve. If your long-term insurance claim has been denied, call Tim Louis at (604) 732-7678 for a free consultation.

Long-term Disability Claim Denied

H.G. contacted me just over two years ago. She was referred to me by a previous long term disability client of mine who was very pleased with what I did for her. H.G.’s long term disability insurance company had just denied her claim for LTD benefits. H.G. had lost the ability to work at her very physically demanding position. She had developed Activity-Related Soft Tissue Disorder (ASTD) with myofascial injury to her cervical spine and shoulders. She had also aggravated her pre-existing degenerative disc disease.

She suffered from chronic joint and muscle pain, muscle spasms, numbness, neck pain, shoulder pain and pain and stiffness whenever she would bend, lift or walk.

I immediately obtained a copy of her insurance policy and then filed her lawsuit in the Vancouver Registry of the Supreme Court of B.C. Her insurance company filed a boilerplate response. They actually denied that she was disabled!

Insurance companies take me seriously and so it did not surprise me that fairly soon after the lawsuit had started they began to make offers of settlement. With my client’s instructions I rejected offer after offer.

The insurance company then conducted an Examination for Discovery of my client. At this step in a lawsuit there is no judge present. There is a court reporter who takes down a transcript of all the questions asked by the opposing lawyer and all of my client’s answers. I always prepare my clients extremely well before this step in the lawsuit. With H.G., this was no exception. While H. G. was a credible witness, I knew the insurance company lawyer might try to get her confused and then take advantage of the inevitable inconsistencies as she spoke.

A few days before the Discovery, I engaged her in a mock Discovery so she could practice what it would be like to be under a bit of stress. She did very well at the Discovery. H.G. came across as a likable, believable and reliable witness. After the Discovery, she told me how helpful our preparation together had been for her.

Shortly after the Discovery, the insurance company lawyer asked if we might be agreeable to Mediation. I recommended to H.G. that she accept the insurance company’s suggestion of mediation. Mediation is off the record, that is if settlement is not reached during mediation and the lawsuit proceeds to trial, nothing said at Mediation can be used against the client.

Mediation is a process whereby the parties engage in active negotiation with the assistance of a trained professional mediator. Throughout the day, the mediator will alternate between bringing the two parties together into the same room for face to face negotiations and separating the parties into two separate room shuttling back and forth between the parties. A mediator is different from an arbitrator in that an arbitrator makes a decision that is binding on both parties whether they liked the decision or not. Whereas a mediator only makes recommendations.

At the mediation, the insurance company slowly increased their offer of settlement – one-hundred thousand, one-hundred twenty thousand… two-hundred thousand and then finally two-hundred twenty-five thousand. I calculated that this was more than my client would receive at trial if she won. With great pleasure and a lot of relief, H.G. accepted the offer and we had a settlement. I had achieved the goal I aim for with all of my long-term disability clients – settle for nothing less than trial dollars without going to trial.

Has your Long-Term Disability Claim Been Denied?

If your long-term disability claim has been denied, call Tim Louis at (604) 732-7678 for a free consultation. Get the compensation you deserve.

Get the help you need. Give Tim Louis a call today at (604) 732-7678 for a no-fee telephone consultation, during which he will answer all your questions, no matter how complex. If you have received the insurance claim denial in writing, he will also review the letter and schedule a second no-fee telephone consultation to review and assess that long-term disability claim denial.

Don’t let the insurance company bully you into a settlement. Before you accept any decision, contact Long-Term Disability Lawyer Tim Louis.

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Long Term Disability Plan Regulation

Tim Louis” target=”_blank” title=”Learn more about long-term disability plan regulation in BC”>Learn more about how the BC Government regulates long-term disability plans and long-term disability claims.

Fibromyalgia and Long-term Disability Claims

Fibromyalgia – Getting the Long-Term Disability Claim You Deserve

by Tim Louis

Fibromyalgia is a painful medical condition that many people in Vancouver and British Columbia face, and it is often misdiagnosed. About 2% of the population is affected by this very painful disease, and it has many side-effects that can make it very difficult to work or go about daily life. Going to work everyday and dealing with its symptoms of pain, fatigue, depression, sleep issues, memory troubles, headaches and even digestive problems can become extremely difficult. The chronic pain alone makes getting through a day of work impossible. While this is a long-term disability insurance issue, many insurance claims are denied. A long-term disability lawyer, like Tim Louis, can help you get the compensation you deserve if you are unable to return to work because of your diagnosis.

Fighting with your insurance company for long term disability benefits is an uphill battle no matter what your disability. This is why many people will choose to hire an experienced lawyer. However it is even more difficult if you have fibromyalgia. Bad enough that it causes pain throughout the entire musculoskeletal system and is known to cause mental problems such as issues with memory and maintaining a stable mood. Even worse is the fact that the symptoms are subjective. There is no objective way of testing fibromyalgia as there is with say a broken bone – an x-ray. This gives your insurance company an unfair advantage – you have no way of proving that you have this disabling condition.

There is no question that fibromyalgia can be profoundly disabling and is a disability. The federal government recognizes this. Canada Pension Plan disability benefits are awarded to many people with fibromyalgia every year.

Fibromyalgia and Chronic Pain

As fibromyalgia causes chronic pain, it can be impossible for individuals who suffer from it to continue working. In Vancouver and all over British Columbia, I have acted for many fibromyalgia clients whose long-term disability benefits have been denied by their insurance company. I will always collect evidence from collateral witnesses. For instance a spouse that gives evidence that the insured is in pain all day can be decisive.

Many people with fibromyalgia will have good days and bad days. A good day is a gift from heaven, and my client will be tempted to do all the things they cannot do on bad days. Unfortunately this is not just a gift for my client, but also can be a gift from for my client’s insurance company. If they can obtain video surveillance of my client on this good day, they will try to use it to destroy my client’s case.

I once had a fibromyalgia client who heard a knock on his door one evening. He opened the door and a very charming woman told him her car had stalled and asked him if he could push the car. He was having a good day and kindly did so. Unbeknownst to him it was all a set up – he was filmed pushing the car. I am very proud of the fact that I still obtained $300k for him.

Long-Term Disability Claims

Living with such a painful disease as fibromyalgia can be difficult, and you deserve long-term disability benefits. If you have fibromyalgia and your insurance company has denied your claim for long term disability benefits you should retain an experienced lawyer. By working with Tim Louis & Co, our team will carefully gather the evidence, make a case and help you get the long-term disability benefits you deserve. Get started with a free consultation.

Hire a Long-Term Disability Lawyer to get Long-Term Disability Benefits for Fibromyalgia

When you need a long-term disability lawyer to truly represent your best interests and not the interests of a big law firm’s bottom line, you need Tim Louis in Vancouver BC.

Give Tim Louis a call today at (604) 732-7678 for a no-fee telephone consultation, during which he will answer all your questions, no matter how complex. He will gather the information about your condition of fibromyalgia needed to make a case for your need for long-term disability coverage, and answer all of your questions.

Tim Louis’ goal is to obtain for his clients an out-of-court settlement equal to what the client would achieve by going to trial. He does this by thoroughly preparing for trial, even though the goal is to settle before trial.

Learn More

Fibromyalgia – Learn More
Symptoms of Fibromyalgia
Fibromyalgia Association of Canada

long-term disability claims

Long-Term Disability Claims in British Columbia: Know Your Rights and Protect Your Interests

Understanding Long-Term Disability (LTD) Insurance

The Importance of Knowing Your Rights in British Columbia

The Role of the Insurance Act of British Columbia

Common Reasons for LTD Claim Denials and How to Address Them

Insufficient Medical Evidence

Pre-Existing Condition Exclusions

Policy Definition of Disability

Protecting Your Rights and Interests in LTD Claims

The Value of Expert Legal Support in LTD Claims: Introducing Tim Louis, a Leading Long-Term Disability Lawyer in Vancouver

Choosing the Right LTD Lawyer: Why Tim Louis Stands Out

Long Term Disability Claims in British Columbia

Protecting Your Financial Future: The Role of Long-Term Disability Lawyers Like Tim Louis

Comprehensive Claim Support and Guidance

Focused on Client Success

A Partner in Your Journey to Financial Stability

Frequently Asked Questions About Long-Term Disability Claims in British Columbia

What are the eligibility requirements for long-term disability benefits in British Columbia?

How long does it take for an LTD claim to be processed and approved?

What should I do if my long-term disability claim is denied?

How can an LTD lawyer like Tim Louis help me with my claim?

How are long-term disability benefits calculated?

Further Reading List for Long-Term Disability Claims in British Columbia

Maximizing Your Benefits: Why You Need a Long-Term Disability Lawyer in Vancouver

What is Long -Term Disability?

What illnesses legally qualify for long-term disability?

Understanding the Different Types of Benefits for Long-Term Disability in Vancouver BC

How to apply for Long-Term Disability Benefits?

Why do insurance companies deny claims?

Why hire a long-term disability lawyer?

How long can you be on disability in BC?

Can you terminate an employee on long term disability in BC?

People Also Ask

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Are long-term disability benefits taxable?

Why would someone need to hire a long-term disability lawyer?

Experienced Long-Term Disability Lawyer in Vancouver, BC – Tim Louis

Further Reading

Long Term Disability for Anxiety and Depression

What is the difference between Anxiety and Depression?

Common Questions about Anxiety and Depression and Long Term Disability

Suffering from Depression and/or Anxiety?

Making a Claim for Long Term Disability for Anxiety and Depression

Further Reading

Chronic Fatigue Syndrome and Long-Term Disability

Chronic Fatigue Syndrome – Denied Long-Term Disability Benefits?

Long-Term Disability Benefits for Chronic Fatigue Syndrome Denied?

Learn More about Chronic Fatigue Syndrome

Long-Term Disability Claim

However, Insurance Companies Deny Long-Term Disability Claims

Long-term Disability Claim Denied

Has your Long-Term Disability Claim Been Denied?

Long Term Disability Plan Regulation

Fibromyalgia – Getting the Long-Term Disability Claim You Deserve

Fibromyalgia and Chronic Pain

Long-Term Disability Claims

Hire a Long-Term Disability Lawyer to get Long-Term Disability Benefits for Fibromyalgia

Learn More

Client Reviews

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Understanding the Different Types of Benefits for Long-Term Disability
in Vancouver BC