(604)732-7678
2526 W 5th Ave, Vancouver, BC V6K 1T1

Long-Term Disability Law

Long-term disability claims in Canada
Long Term Disability long-term disability claims Long-Term Disability Law

What are the leading causes of disability claims in Canada?

Long-term disability claims in Canada

Introduction to Disability Claims

When looking into Canada’s disability claim landscape, it reveals a two-fold path: short-term and long-term disability claims. Short-term disability claims cater to those temporarily unable to work due to injury or illness, acting as a bridge to recovery. In contrast, long-term disability steps in when the road to recovery extends beyond the immediate horizon, offering sustenance for both quality of life and financial stability over an extended period. The impact of being unable to work goes far beyond the individual, affecting family dynamics, societal contributions, and one’s sense of purpose and identity.

Disabilities often cast a long shadow over one’s career, altering not just daily routines but also long-term employment prospects and ambitions. For many, their work is more than a paycheck; it’s a vital part of their social fabric and self-esteem. When disability strikes, this fabric can unravel, leaving individuals to honestly face the reality of their situation. It’s not just about adapting to a new normal but about reshaping one’s future in the face of unforeseen challenges. Navigating this complex space requires understanding, empathy, and a legal framework that supports and acknowledges the depth of the impact on one’s life.

In Canada, understanding the small details of disability claims is crucial. It ensures that those who find themselves at a crossroads have a clear path to the support they need. Life doesn’t pause in the face of disability, and thus, the law steps in to provide a semblance of continuity. It acknowledges the silent battles waged behind closed doors and seeks to offer a sense of normalcy during life-altering changes, underscoring Canada’s commitment to its citizens’ well-being.

 

Statistical Insights into Long-Term Disability Rates in Canada

Delving into the heart of Canada’s disability claims uncovers a rising tide across all walks of life. The current disability rate has climbed to 27.0% nationwide, with a significant increase of 4.7 percentage points from 2017 to 2022. This increase is not confined to any single demographic or region, illustrating a widespread and concerning trend (Statistics Canada, 2022).

One of the most poignant narratives in this trend is the prevalence of mental health-related claims. Such claims have surged by 3.2 percentage points since 2017, now accounting for 10.4% of the total Canadian population’s reported disabilities. Pain-related and seeing disabilities follow, contributing to the national rise. Moreover, mental health issues alone now represent 70% of total disability costs, underscoring their significant financial and societal impact (Statistics Canada, 2022; Benefits and Pensions Monitor News, n.d.).

This wave of increasing claims is magnified by the advancing years of the Canadian workforce. As we age, chronic diseases like diabetes, heart disease, cancer, and musculoskeletal disorders become more prevalent, which may be propelling an increase in disability claims. For instance, individuals over 65 years of age experience a markedly higher disability rate of 40.4% (Statistics Canada, 2022).

For employers and policymakers, these insights beckon a call to action—a comprehensive approach to tackling the root causes of disability claims, from enhancing mental health support to adapting workplaces to the evolving needs of an aging workforce.

Sources:

  • Statistics Canada. (2022). New data on disability in Canada, 2022.
  • Benefits and Pensions Monitor News. (n.d.). Addressing the Troubling Trend of Rising Disability Claims in Canada.

Causes of Long-Term Disability in Canada

As we dig deeper into the causes of disability claims in Canada, the main health issues that emerge are: mental health concerns, musculoskeletal disorders, and chronic illnesses.

Mental Health Long-Term Disability Claims

Mental health, an area of illness long shrouded in silence, now comes to the forefront, exacerbated by the global crisis of COVID-19. The pandemic has left an indelible mark on our collective psyche, increasing stress and anxiety among Canadians.

The impact is profound, with a report suggesting that during the early phase of the pandemic in 2021, many adults in Canada were actively seeking ways to manage their mental health, engaging in a variety of activities to stay connected and grounded. However, it is a stark reality that, as reported by the Public Health Agency of Canada, the mental well-being of Canadians has been significantly challenged during this period. This amplifies the conversation around mental health, which now accounts for an astounding 70% of total disability costs (Public Health Agency of Canada, 2021; Benefits and Pensions Monitor News, n.d.).

Isolation and the pervasive influence of social media have played notable roles in the escalation of mental health claims. In a societal shift, the once-prevalent stigma surrounding mental health is being eroded, encouraging more individuals to seek help and subsequently file disability claims (Benefits and Pensions Monitor News, n.d.).

Musculoskeletal disorders

Musculoskeletal disorders remain a prevalent cause of disability claims, intricately linked with workplace ergonomics and practices. Jobs demanding repetitive motions or poor postural habits are often catalysts for conditions that incapacitate workers, leading to claims.

Musculoskeletal disorders (MSDs) are a considerable concern in the Canadian workforce, as they encompass a range of conditions that affect the muscles, tendons, and nerves. Fibromyalgia, a chronic condition characterized by widespread musculoskeletal pain, is among these ailments, along with carpal tunnel syndrome, tendonitis, and arthritis. These conditions often result from or are exacerbated by workplace activities, particularly those involving repetitive motion, heavy lifting, or prolonged periods of sitting or standing in ergonomically unfriendly environments (Canadian Centre for Occupational Health and Safety [CCOHS], n.d.; Manulife, 2024).

The prevalence of MSDs has led them to account for a significant percentage of total annual compensation claims, with figures ranging from 25% to 60% depending on the jurisdiction. These disorders can be highly debilitating, impacting individuals’ abilities to perform daily tasks at work, at home, or during recreational activities. The recovery from MSDs can be protracted, with some cases resulting in permanent disability (CCOHS, n.d.).

The relationship between workplace practices and the health of the musculoskeletal system is crucial. For example, adopting proper lifting techniques and using ergonomic tools can help prevent the development of these disorders. Job design, including rotation, enlargement, pacing, and incorporating breaks, can also be effective strategies for reducing MSD risks. It is essential for employers to develop and maintain a program focused on preventing and controlling MSDs in the workplace, incorporating assessments and appropriate interventions (CCOHS, n.d.).

With the workforce aging, there is an observed increase in the rates of disability claims associated with chronic illnesses, including those of a musculoskeletal nature. The demographic trend indicates that as the working population gets older, the prevalence of conditions such as arthritis, which can lead to musculoskeletal issues, rises correspondingly (Benefits and Pensions Monitor News, n.d.).

Addressing the multifaceted nature of musculoskeletal disorders in the workplace requires an approach that integrates awareness, prevention, and supportive intervention strategies. As Canadians, we must continue to evolve our understanding of these conditions and implement practices that support the health of our workers, both to alleviate immediate suffering and to sustain our workforce for the future.

Chronic Illness

The wave of chronic illnesses—diabetes, heart disease, and cancer—rides alongside the demographic shift towards an aging workforce. As the baby boomer generation enters its later years, the incidence of these conditions naturally rises, consequently increasing disability claim rates.

Chronic illnesses are difficult challenges within the Canadian healthcare narrative, significantly influencing disability claims. These conditions, managed but seldom cured, lead to extended impacts on individual well-being and functionality. Among them, arthritis, cancer, diabetes, heart disease, and stroke are prominent, affecting a substantial portion of the population (Benefits by Design, 2023).

Cancer holds a somber distinction as the leading cause of death in Canada, contributing to 30% of all deaths. Statistically, one in two Canadians will confront cancer during their lifetime, underlining the ubiquity of this illness (Canadian Cancer Society, 2020). Heart disease, meanwhile, presents a gender disparity in incidence, with men experiencing heart attacks at twice the rate of women, and typically a decade earlier in life (Government of Canada, 2021).

Stroke, a significant cause of disability, disproportionately affects women, especially in advanced age, underscoring the influence of demographic factors on chronic disease prevalence. About 602,000 seniors had a stroke in the 2016–2017 period, highlighting the gravity of this condition among older Canadians (Public Health Agency of Canada, 2019).

Musculoskeletal conditions, including fibromyalgia, are major contributors to disability claims. They encompass a wide range of disorders impacting muscles, tendons, and nerves, often stemming from workplace activities. These conditions are responsible for a sizeable fraction of total annual compensation claims, ranging from 25% to 60% (Canadian Centre for Occupational Health and Safety, n.d.).

Acknowledging modifiable risk factors such as smoking, inactivity, and unhealthy diets is crucial for chronic disease prevention and management. Public health initiatives and workplace wellness programs play an instrumental role in mitigating these risk factors and fostering environments that support health and well-being (Public Health Agency of Canada, 2021).

Addressing chronic illnesses in Canada demands an approach that transcends medical treatment, advocating for societal and policy-level action. Promoting healthy living and preventive measures can substantially reduce the incidence of chronic diseases, thereby influencing the overall health landscape of the nation (Government of Canada, 2021).

References:
Benefits by Design. (2023). Critical Illness and Chronic Disease Statistics in Canada. Retrieved from https://www.bbd.ca
Canadian Cancer Society. (2020). Cancer statistics at a glance. Retrieved from https://www.cancer.ca
Canadian Centre for Occupational Health and Safety. (n.d.). Musculoskeletal Disorders (MSD) Prevention Manual. Retrieved from https://www.ccohs.ca
Government of Canada. (2021). Healthy living can prevent disease. Retrieved from https://www.canada.ca
Public Health Agency of Canada. (2019). Aging and chronic diseases: A profile of Canadian seniors. Retrieved from https://www.canada.ca

 

The Long-Term Disability Claims Process

Navigating the claims process for disability benefits in Canada can be a journey that requires careful steps and thorough preparation. The path begins with confirming eligibility for the type of disability benefits you are seeking, be it through employment insurance sickness benefits, the Canada Pension Plan, or other provincial programs. Each has its own set of rules and requirements, but the process broadly follows a similar course.

The first vital step in this process is ensuring your doctor’s support. Having a medical professional on your side is crucial, as they will be required to complete part of the application that attests to your medical condition and its impact on your ability to work. Without this backing, proceeding with a claim can be arduous and is less likely to succeed.

Once you’ve secured your doctor’s support, the next phase is obtaining the application forms specific to your disability program. These can typically be sourced from your employer if under a group disability plan, directly from the insurance company for individual plans, or from government agencies for public programs. It is imperative to use the correct forms and follow the guidelines provided to avoid any missteps.

The application itself is a collection of documentation that includes your personal information, medical reports, and an employer’s statement if applicable. All this data must be submitted according to the program’s instructions—be it online, through mail, or in person at designated service centers.
After submission, the waiting period begins. During this time, communication is key. The insurer or program may request further information or clarification, which requires prompt and honest responses. Should your claim face rejection, the right to appeal exists, and it is often recommended to seek legal counsel or representation to navigate this more complex terrain.

Throughout this process, understanding policy exclusions and the definition of “total disability” is essential, as these factors can influence the outcome of your claim. Total disability usually means that due to medical reasons, you are entirely unable to perform the duties of any occupation for which you are reasonably suited by education, training, or experience.

 

Support Systems for People with Disabilities in Canada:

When considering the range of support systems available for people living with disabilities in Canada, there is a comprehensive set of resources to explore. These include financial assistance programs, health benefits, support for daily living, housing, and specific services tailored to individuals with disabilities. Additionally, Employee and Family Assistance Programs (EFAPs) play a significant role in providing support, often through employers, offering counseling, referrals, and other services to employees and their families.

For a detailed directory of resources, you may consider the following:

  • Canada-Wide Support: The Canadian government provides a portal that includes disability pensions, children’s benefits, savings plans, and a gasoline tax refund program. For more details on federal programs, visit the official Government of Canada’s disability benefits page.
  • Provincial Programs: Each province in Canada has its own set of disability support programs. These often include financial assistance for those who meet certain disability and financial criteria. To find information specific to your province, such as Alberta’s Aids to Daily Living (AADL) program or Ontario’s Disability Support Program, you can visit your province’s government website or contact local service providers.
  • Non-Profit Organizations: Many non-profit organizations across Canada provide support and resources for people with disabilities. Inclusion Canada, for example, focuses on advancing the full inclusion and human rights of people with intellectual disabilities and their families. More information can be found on Inclusion Canada’s website.
  • Community Services: Local community organizations also offer various services, such as the Canadian Assistive Technologies, which provides a directory of services and resources available in different provinces, including assistive technology and equipment (Canadian Assistive Technologies Ltd., n.d.).
  • Specialized Support: Organizations like the Neil Squire Society use technology and knowledge to empower Canadians with physical disabilities. Their services are designed to foster independence and participation in the community (Neil Squire Society, n.d.).

EFAPs can be an integral part of the support system, providing confidential, immediate, and appropriate support services to employees and their families who might be dealing with various challenges, including those related to disabilities. These programs can be accessed through employers and often include a range of services, from counseling and mental health support to legal advice and financial planning.

For anyone navigating these systems, it is crucial to understand the specific requirements and procedures for accessing the available resources. Connecting with these programs can offer substantial support in improving the quality of life and ensuring full participation in society for those living with disabilities.

We have to recognize that while resources are abundant, access and awareness are crucial. It’s one thing to have services available; it’s another to ensure that they are accessible to those who need them most. To that end, engagement in discussions, participation in advocacy efforts, and staying informed about disability rights and supports become acts of both compassion and civic duty.

 

Long-term disability legal help

In matters of legal representation, particularly for long-term disability claims, the expertise of a seasoned lawyer like Tim Louis can be invaluable. With years of dedication to the rights and welfare of individuals facing disabilities, Tim Louis Law offers not only legal counsel but also a strong advocacy to navigate the complexities of long-term disability claims.

For those who find themselves at the crossroads of needing legal support for long-term disability claims, you are not alone.

Reach out to Tim Louis, a lawyer who understands and will stand up for your rights. Contact Tim Louis at (604) 732-7678 or via email at timlouis@timlouislaw.com to explore how he can assist you in securing the benefits you deserve.

Contact Tim Louis

Frequently Asked Questions

Mental health-related, pain-related, and seeing disabilities are among the most common and have seen significant increases in prevalence from 2017 to 2022.
Yes, the employment rate for working-age adults with disabilities has improved, reaching 62% in 2022, which is up by 3 percentage points from 2017.
The rise in disability claims can be attributed to several factors, including an aging workforce, increased mental health claims, and changes in the workforce dynamics due to the COVID-19 pandemic.
Mental health issues now account for a significant portion of disability costs, with one in three workplace disability claims relating to mental health.
Conditions like blindness, significant restrictions in daily living activities, and the need for life-sustaining therapy can qualify for the Disability Tax Credit.
Digestive system diseases, nervous system disorders including Multiple Sclerosis and Parkinson’s disease, infectious diseases, and respiratory diseases are associated with disability claims due to their impact on individuals’ ability to work.
Stress, particularly the destructive type, leads to absenteeism, disability, staff turnover, and low productivity, which are of growing concern for employers.
For more detailed information and statistics regarding disability in Canada, you can refer to the comprehensive reports provided by Statistics Canada and analysis by the Canada Safety Council , among other expert sources.
Understanding IBS
disability insurance Long Term Disability long-term disability claims Long-Term Disability Law Long-Term Disability Lawyer

Understanding IBS: A Comprehensive Guide for Long-Term Disability Claims

Understanding IBS

Understanding IBS: A Comprehensive Guide for Long-Term Disability Claims

by Tim Louis

Irritable Bowel Syndrome (IBS) is more than just an occasional upset stomach; it’s a chronic condition that can profoundly disrupt daily life. For those living with IBS, the unpredictability of symptoms – from severe cramps to digestive distress – can turn routine tasks into extraordinary challenges. It’s this pervasive impact that underscores the need to understand IBS, particularly when it hampers one’s ability to work consistently.

Recognizing the gravity of IBS as it relates to long-term disability claims is crucial. In Canada, understanding your rights and the complexity of disability claims is essential, especially if you have applied for Long-term disability compensation and been denied by your insurance company.
The path to fair compensation is possible with the guidance of a long-term disability lawyer like Tim Louis, who can offer guidance through the complex process of disability claims, while acknowledging the silent struggles behind chronic conditions, and fighting for your rights.

 

What is Irritable Bowel Syndrome (IBS)?

Living with IBS means navigating a condition that can turn one’s daily routine into a series of challenges. This syndrome, with its varying types, presents an array of symptoms including abdominal pain, bloating, and inconsistent bowel movements that can shift between constipation and diarrhea.
These symptoms, often aggravated by specific foods, stress, or other triggers, require individuals to stay vigilant about their lifestyle choices and stress management. This condition, with its unpredictability, makes routines that many take for granted very difficult.

 

The Impact of IBS on Daily Living

Living with IBS can significantly impact daily life and employment. The unpredictable flare-ups can disrupt not only personal and social activities but also professional responsibilities, often without warning.

Imagine a teacher having to leave in the middle of a class or a chef unable to remain in the kitchen during a dinner rush due to sudden IBS symptoms. These scenarios highlight the disabling effects of IBS, as the need for frequent restroom breaks or the pain and discomfort can hinder concentration, performance, and presence in the workplace. It’s these incapacitating aspects that underscore the importance of recognizing IBS in disability claims, advocating for fair compensation and accommodations in the workplace.

The implications of IBS extend beyond physical discomfort and impact every part of a person’s life. For the working individual, IBS can mean unpredicted and frequent breaks, which can disrupt workflow and productivity, often necessitating a need for accommodations.
The social aspect of life also takes a hit – long commutes, travel, or simple outings require strategic planning to manage the condition’s unpredictability. This is a life-changing condition that requires legal support.

 

Navigating Disability Claims with IBS

Proving a disability claim for IBS involves navigating the nuanced intersection of medical symptoms and their impact on employment. For individuals living with IBS, the fluctuating nature of the condition makes it challenging to illustrate a consistent level of disability to insurers.
Claims must illustrate how IBS’s unpredictable symptoms create an untenable work environment, requiring a strategic presentation of both the condition’s severity and its effect on professional life.

When preparing for a disability claim in Canada, the medical evidence must be both robust and precise. This includes detailed physicians’ notes, diagnostic test results, and a well-documented history of treatments and responses. Additionally, records should reflect the functional limitations imposed by IBS, such as the need for frequent breaks or reduced productivity, to establish a clear link between the medical condition and the inability to work.

 

Legal Considerations for IBS Disability Claims

Navigating the legal landscape of IBS disability claims is difficult—precision and understanding of complex legal standards are required. Claimants face the arduous task of not just proving the existence of IBS but demonstrating its disabling impact under the scrutiny of legal definitions and policies.

The value of legal expertise cannot be overstated. A seasoned disability lawyer, like Tim Louis can be the difference between a claim that flounders and one that finds its footing. Lawyers who specialize in disability law can dissect medical reports, align them with legal criteria, and present a compelling case that underscores the disabling nature of IBS. They act as navigators, steering claimants through the legal nuances and procedural mazes that might otherwise be overwhelming.

When claims are rejected by insurance companies, a lawyer can be there to fight for your rights and get you the compensation you deserve.

Tim Louis is adept at counteracting the typical pushbacks from insurers, crafting appeals that resonate with adjudicators, and ensuring that claimants’ rights are fiercely protected. With his guidance, claimants can face the legal challenges of IBS disability claims not just with hope but with a strong legal strategy geared towards success.

 

Building a Strong IBS Disability Claim

Building a strong IBS disability claim in Canada requires meticulous documentation and a strategic approach that aligns with the Canadian Centre for Disability Benefits. Here’s a guide to crafting your claim:

  1. Initial Diagnosis and Treatment Records: Begin with a comprehensive record of your initial diagnosis, including colonoscopy reports, clinical notes, and diagnostic findings. This forms the cornerstone of your claim.
  2. Ongoing Treatment Documentation: Keep a thorough record of all treatments and responses, demonstrating a consistent medical journey. This should include medications prescribed, any therapies undertaken, and notes from healthcare providers on the efficacy of treatments.
  3. Symptom Diary: Maintain a daily log of your symptoms, their severity, and frequency. Note how they impact your ability to perform work-related tasks, including days when you were unable to work or needed to leave early.
  4. Specialist Consultations: Document visits to gastroenterologists or other specialists, highlighting any recommendations or changes in treatment they suggest. These professional opinions carry weight in assessing the seriousness of your condition.
  5. Impact Statements: Prepare personal impact statements detailing how IBS affects your daily life and work. These narratives should connect your symptoms with real-life limitations.

Ensure that this documentation is up-to-date, as consistency and continuity in medical treatment and records are pivotal in substantiating your claim under Canadian law. A detailed, well-documented claim can significantly increase the likelihood of a successful outcome.

Tim Louis Vancouver law firm

How a Lawyer Can Help

Hiring a lawyer for a long-term disability claim, especially for complex conditions like IBS, can significantly enhance your claim’s success. A lawyer offers expertise in navigating the intricate claims process, ensures proper documentation, and advocates effectively for your rights. They can also help in articulating the impact of IBS on your life and work in legal terms, increasing the likelihood of a fair resolution.

When dealing with IBS-related long-term disability claims, having an experienced lawyer like Tim Louis can be invaluable. His services include:

  • Navigating the intricate disability claim process.
  • Preparing thorough documentation that reflects the impact of IBS on your life.
  • Offering representation that ensures your claim is given the serious consideration it deserves.

Tim Louis’s adeptness in disability law equips him with the tools to offer strategic counsel grounded in an intimate understanding of Canadian disability legislation. His approach is client-centric, ensuring compassionate and personalized service that acknowledges the individuality of each case. He combines legal acuity with genuine care, working to craft a compelling claim that enhances your prospects for a favorable outcome.

Should you find yourself navigating these challenging waters, getting a legal consultation from Tim Louis could be a decisive step toward protecting and advancing your legal rights.

If you’re dealing with the complexities of IBS and seeking long-term disability, don’t navigate these waters alone. Reach out to Tim Louis, a lawyer who understands and will stand up for your rights. Contact Tim Louis at (604) 732-7678 or via email at timlouis@timlouislaw.com to explore how he can assist you in securing the benefits you deserve.

Frequently Asked Questions

In Canada, a long-term disability qualification for IBS requires demonstrating that your symptoms significantly limit your ability to work. Consistent medical documentation and evidence of treatment are essential.
A lawyer can help by ensuring your claim is thoroughly documented, meets legal requirements, and represents your case with expertise, increasing the chance of a successful claim.
Necessary documents include medical records, treatment histories, doctors’ notes, a symptom diary, and any relevant test results.
Yes, even intermittent symptoms can qualify if they significantly disrupt your ability to perform consistent work duties.
The processing time can vary, but having legal assistance can streamline the process and address any issues promptly.
Denials may result from insufficient evidence of disability, lack of medical documentation, or disputes over the severity of symptoms.
Absolutely, especially with a lawyer who can address the reasons for denial and present a stronger case on appeal.

For specific guidance tailored to your situation, consider consulting with Tim Louis, a seasoned long-term disability lawyer.

Further Reading

For further reading and support regarding IBS in Canada, consider exploring these resources:

  • Canadian Digestive Health Foundation: Offers a wealth of knowledge on IBS, including tips for managing symptoms and understanding the condition’s impact on daily life. It also presents statistics highlighting the prevalence of IBS in Canada and its significant influence on everyday activities and work life. Canadian Digestive Health Foundation
  • IBS Patient Support Group: A community platform where IBS patients can share stories and find support. This site provides resources for managing IBS, from diet recommendations to understanding medication options. They also feature IBS-related podcasts for patient education. IBS Patient Support Group
  • The International Foundation for Gastrointestinal Disorders (IFFGD): While not Canada-specific, this site lists support groups and provides resources that can help connect individuals with similar GI diagnoses and symptoms. It’s a helpful tool for those looking for community support. IFFGD Support Groups
  • Crohn’s and Colitis Canada Access resources and support for individuals affected by Crohn’s or colitis, with a focus on the British Columbia and Yukon region. Their site offers insights into research, support programs, and educational materials. Read More

These sites provide a mix of practical advice, medical insights, and community support that can be valuable for anyone looking to understand more about IBS or seeking to connect with others facing similar challenges.

Contact Tim Louis
Chronic pain and long term disability claims
disability insurance Long Term Disability long-term disability claims Long-Term Disability Law Long-Term Disability Lawyer

Navigating Chronic Pain and Long-Term Disability Claims in British Columbia: A Comprehensive Guide

Chronic pain and long term disability claims

Navigating Chronic Pain and Long-Term Disability Claims in British Columbia:
A Comprehensive Guide

By Tim Louis

Living with chronic pain is an ongoing struggle that affects every corner of one’s life, impacting not only your health and well-being, but also your ability to work. You may be entitled to long-term disability payments.

At Tim Louis Law, we bring empathy and expertise to your unique situation, ensuring you feel seen and supported.

Understanding Chronic Pain

Chronic pain is a complex health issue, described as pain that persists for more than three months, often beyond the usual recovery period for an injury or illness. It is a type of pain that can become a consistent part of one’s life, potentially affecting all aspects of their daily activities.

The causes of chronic pain can range from specific health conditions like arthritis and cancer to the aftermath of injuries or surgeries. In some instances, chronic pain may even exist without a clear past injury or identifiable physical cause, making management and treatment more challenging​​​​.

The psychological and emotional impact of chronic pain is significant and far-reaching. It can lead to a cycle of suffering, sleeplessness, and sadness, often referred to as the "terrible triad." The persistent nature of chronic pain can result in depression, anxiety, irritability, mood swings, and insomnia. This interconnection suggests that chronic pain is not only a physical experience but also a mental and emotional one, where each aspect can exacerbate the other​​​​.

Managing chronic pain often requires a multidisciplinary approach, integrating medical treatments with lifestyle changes and therapies to improve overall quality of life. Medications can include over-the-counter options, prescription pain medicines, antidepressants, and in some cases, opioids, although these carry the risk of addiction and are generally considered a last resort. Non-medical treatments like heat and cold therapies, physical and occupational therapy, exercise, and stress management techniques can be crucial components of a comprehensive pain management strategy​​.

In British Columbia, resources for chronic pain management include a variety of health care professionals and specialists, pain management programs, and therapies tailored to the individual’s needs. Cognitive-behavioral therapy (CBT), counseling, and alternative treatments like acupuncture, biofeedback, and mindfulness training can also be effective in managing chronic pain. It’s important for individuals to work closely with their healthcare providers to determine the best combination of treatments for their specific situation​​.

For those enduring chronic pain in British Columbia, connecting with experienced legal counsel, like Tim Louis, can be a critical step, especially when chronic pain affects one’s ability to work and live life fully. Legal expertise can guide you through the intricacies of long-term disability claims, ensuring that you receive the support and accommodations needed to manage your condition effectively.

The Basics of Long-Term Disability Claims

Long-term disability (LTD) in British Columbia is a crucial safety net for those who find themselves unable to work due to a prolonged or severe disability. Eligibility for LTD often hinges on having coverage under a group or private insurance policy, meeting the policy’s definition of "total disability," and having an impairment that persists beyond an elimination period, typically set at 17 weeks.

Distinguishing between the various disability benefits available in BC is essential:

  • CPP Disability: A federal program requiring prior contributions to the Canada Pension Plan, it supports those who can’t engage in substantially gainful work due to severe and prolonged disability.
  • EI Sickness Benefits: These are for individuals who have contributed to Employment Insurance and are unable to work due to illness, injury, or quarantine.
  • Private Disability Insurance: This can be through an employer group policy or a personal policy from an insurance broker, providing benefits based on the policy’s terms.
  • Disability Assistance (PWD): Administered provincially, this offers financial and health support for those with a severe and enduring impairment, with eligibility also contingent on financial need.
  • WorkSafe BC: Delivers benefits for work-related injuries or illnesses, providing wage replacement and medical treatment reimbursements.

Legal assistance in navigating these claims is paramount due to the complexity of determining which benefits you qualify for, the intricacies of application processes, and the need for robust medical evidence. Lawyers with experience in disability claims can help ensure that applications are properly filed, advocate for your rights if a claim is denied, and assist in maximizing the benefits received.

For a more detailed understanding of how to apply for these benefits and to ensure that you are meeting all eligibility criteria, it’s advisable to consult with a legal professional like Tim Louis, who can provide personalized advice and representation.

Making a Successful Disability Claim for Chronic Pain

The Challenges of Proving Chronic Pain fr Insurance Claims:
Proving chronic pain to an insurance company is inherently challenging due to the subjective nature of pain. Unlike objective injuries, where an X-ray or MRI can clearly indicate an issue, chronic pain does not always have such clear indicators. This lack of objective findings can make insurance companies deny claims.

Key Documentation and Credible Medical Evidence:
To strengthen a chronic pain claim, it is critical to compile comprehensive documentation. This should include a thorough medical history, treatment notes from healthcare providers, results from diagnostic tests, and detailed descriptions of how the pain affects daily activities. Consistent medical treatment records and a clear narrative from your healthcare professionals explaining the chronic nature of your pain can be very persuasive. A Functional Capacity Evaluation (FCE) may also be recommended to provide objective evidence of your limitations.

Tips for Maintaining Credibility and Following Doctor’s Advice:
Maintaining credibility is crucial when dealing with chronic pain claims. Always use prescribed medications as directed and avoid any behaviors that could be interpreted as drug-seeking. Adhering closely to the treatment plans and advice from your healthcare providers is essential. Documenting your pain levels, frequency, and its impact on your life through pain diaries or journals can add a layer of personal evidence that supports your claim.

Importance of Legal Assistance in Navigating Disability Claims

Legal expertise is invaluable when navigating the complexities of a disability claim, especially for conditions like chronic pain that are difficult to quantify. Tim Louis, who is experienced in disability claims, can provide guidance on the type of evidence needed, how to document your case effectively, and provide best strategies for communicating with insurance companies. He can also represent your legal interests if a claim is denied, helping to appeal decisions, and working to ensure that you receive the benefits you are entitled to.

For those dealing with chronic pain and considering a long-term disability claim, reach out to Tim Louis to get the necessary legal support and expertise to navigate this challenging process.

Fibromyalgia and Other Chronic Conditions

Individuals living with Fibromyalgia and similar chronic conditions face unique challenges when seeking disability benefits. Fibromyalgia is characterized by widespread musculoskeletal pain accompanied by fatigue, sleep, memory, and mood issues. Because the condition lacks specific diagnostic tests, proving its existence and impact can be particularly arduous, with claimants often facing skepticism from insurers who demand objective evidence for what is largely a subjective experience.

How Tim Louis Law Assists Clients with These Specific Conditions:
Tim Louis understands the intricacies of chronic pain conditions like Fibromyalgia. His approach combines a deep familiarity with the medical aspects of such conditions and a strategic legal perspective to build a compelling case for their clients.

At Tim Louis Law, we guide clients in gathering comprehensive medical records, detailed statements from healthcare providers, and, when appropriate, expert opinions to substantiate the severity and legitimacy of their condition.

Working with WorkSafe BC and Other Agencies

Navigating WorkSafe BC disability claims can be complex, especially when chronic pain is work-related. Understanding the requirements for a successful claim with WorkSafe BC is crucial, as the organization has its protocols and procedures for handling such claims. Work-related chronic pain must be documented meticulously, with clear connections drawn between the workplace, the onset of the condition, and its persistence.

Coordination Between Different Agencies and Insurance Providers:

Coordination between various agencies and insurance providers is often necessary to ensure that all aspects of a claim are addressed comprehensively. Tim Louis Law is experienced in facilitating communication and negotiations between multiple parties, such as healthcare professionals, WorkSafe BC, private insurers, and other relevant entities. This coordination is critical to securing the most favorable outcome for their clients, ensuring that all available avenues for support and compensation are explored and utilized effectively.

Through his understanding of the system and strategic advocacy, Tim Louis aims to alleviate the burden on his clients, allowing them to focus on managing their health while the firm handles the complexities of their disability claims.

Next Steps and Legal Support

When facing the challenge of a disability claim, the path forward involves careful preparation and skilled legal support.

Before meeting with your lawyer, gather all relevant medical records, a detailed history of your condition, and any correspondence with your insurance provider. Document your symptoms, their frequency, and their impact on your daily life. Prepare a list of questions and concerns you may have about your disability claim and legal proceedings. This preparation will ensure that the consultation is as productive as possible.

The Process of Working with a Lawyer for Your Disability Claim

Working with lawyer Tim Louis typically involves an initial consultation, followed by an assessment of your case. He will advise you on the strength of your claim, the type of evidence needed, and the potential outcomes. Tim Louis will then work with you to develop a strategy, file the necessary paperwork, and represent your interests in all dealings with insurance companies and other parties.

Throughout the process, he will likely need to collaborate closely with medical professionals to substantiate your claim, negotiate with insurers, and, if necessary, represent you in legal proceedings. Tim Louis will always keep you informed of your claim’s progress and what steps are required at each stage.

To schedule a consultation or for more detailed information about how Tim Louis Law can assist you with your disability claim, call (607) 732-7678 or email Tim at timlouis@timlouislaw.com.

 

The Importance of Professional Legal Support

Chronic pain is challenging for those seeking recognition and support through disability claims. If you or a loved one are struggling with chronic pain and considering a long-term disability claim, don’t navigate these troubled waters alone. Tim Louis Law offers the support to get the long-term disability claims you deserve. Reach out for a consultation where your story is heard, your pain acknowledged, and your case handled with the care and expertise it warrants.

Take the first step towards the support you need today.

Contact Tim Louis Law

To discuss your case or for more information, contact Tim Louis & Company at:

  • Phone: (604) 732-7678
  • Email: timlouis@timlouislaw.com

Links to Relevant Resources and Further Reading:

For further reading and resources, visit:

Quick Facts about Chronic Pain and Disability Claims in BC:

  • Chronic pain is defined as pain lasting more than three months.
  • It is a major cause of long-term disability claims.
  • In BC, conditions like fibromyalgia, which contribute to chronic pain, require thorough medical documentation for claims.
  • Legal assistance can significantly improve the outcome of disability claims related to chronic pain.
long-term disability
Long Term Disability long-term disability claims Long-Term Disability Law Long-Term Disability Lawyer

Tim Louis: Your Trusted Long-Term Disability Lawyer in Vancouver, BC

long-term disability

Tim Louis: Your Trusted Long-Term Disability Lawyer in Vancouver, BC

By Tim Louis
Tim Louis is a seasoned long-term disability lawyer with over 38 years of experience based in Vancouver, BC. Recognized for his expertise and commitment, he has been honored with awards such as the Harry Rankin QC Pro Bono Award.

Making Sense of Long-Term Disability Claims

Long-term disability claims can often feel so difficult, full of complexities and legal jargon that they can leave you feeling lost and overwhelmed. Just as important, if the claim is made incorrectly, it may give your insurance company grounds to deny it. It’s a journey that requires not just legal expertise, but a compassionate guide who understands the emotional toll it takes. That’s where I come in. I’m Tim Louis, an award-winning lawyer specializing in long-term disability cases. Although based in in Vancouver, I have successfully represented dozens of LTD clients throughout the province. The internet and Zoom make this effortlessly possible.

Why Picking the Right Lawyer Matters

This isn’t just about paperwork. It’s about your life, your well-being, and making a claim that has the highest possibility of being successful. That’s why having the right lawyer is so important. With BC Lawyer Tim Louis on your side, you’re not just another case. You’re a person who deserves fair treatment. Let’s dive into the details of long-term disability claims and help you figure out how to get through it.

Choosing the Right Representation: Why Expertise Matters

Navigating the maze of long-term disability claims isn’t something you should do alone. The stakes are high, and the process is filled with legal jargon, complex procedures and questions that look innocent on their face but are designed to illicit answers that result in your claim being denied. That’s why the expertise, experience, and specialization of your lawyer can make or break your case.

Tim Louis: A Legacy of 38+ Years in Long-Term Disability

I’ve been in this field for 38+ years, and I’ve seen it all. From denied claims to complicated appeals, my team and I have successfully tackled a wide range of long-term disability cases. Long-term disability claims are a big part of what we do, and we’re very successful at ensuring people get the financial support they deserve.

When you’re dealing with something as life changing as a long-term disability, you don’t want just any lawyer. You want someone who knows this area of law inside and out. That’s what you get when you choose to work with me and my team. We’re not just here to file paperwork; we’re here to fight for you.

Understanding Policy Conditions

Navigating the conditions of a disability insurance policy can be a daunting task, especially when you’re already grappling with a debilitating condition that makes it impossible for you to work. In British Columbia, the rules governing long-term disability claims are intricate, and a single misstep can jeopardize your chances of receiving the benefits you so desperately need.

This is where the expertise of Tim Louis comes into play. With 38 years of experience in the field of long-term disability law, Tim has an in-depth understanding of BC’s complex legal landscape. He’s well-versed in the nuances of disability insurance policies and the provincial laws that govern them. Whether it’s interpreting the fine print of your policy or advising you on the medical documentation required under BC law, Tim Louis can guide you through every step of the process.

His expertise doesn’t just stop at understanding the law; it extends to applying this knowledge in a way that maximizes your chances of a successful claim. Tim Louis’s familiarity with BC’s long-term disability laws and policies gives him the unique ability to anticipate potential roadblocks and strategize accordingly. This can be invaluable in a system where the odds can often seem stacked against you.

With Tim Louis by your side, you’ll have a seasoned advocate who can help you navigate the complexities of BC’s long-term disability laws, ensuring that you receive the benefits you rightfully deserve.

Countering Insurance Company Tactics

Insurance companies are in the business of minimizing payouts, and they often employ a variety of tactics to deny or reduce long-term disability claims. Some of these tactics include disputing the severity of your condition, requiring excessive medical documentation, or even employing surveillance to question the validity of your claim. In some instances, they might offer a quick, low-ball settlement in the hopes that you’ll accept it out of desperation or lack of knowledge.

Tim Louis has seen it all. His decades of experience in long-term disability law equip him with the skills to effectively counter these tactics. He knows how to challenge the insurance company’s assessments and can guide you in gathering the medical evidence needed to strengthen your case. He is also adept at negotiating with insurance companies, ensuring that you receive a fair settlement that truly reflects your needs and circumstances. His deep understanding of the insurance industry’s tactics allows him to advocate for you in a way that levels the playing field, turning the tables in your favor.

Types of Disability Claims

Disability claims are not one-size-fits-all. They can range from ‘invisible illnesses’ like depression and anxiety to more physically manifest conditions like chronic pain or heart disease. Each type of claim has its own set of challenges and requirements, making it crucial to have a lawyer who understands these nuances.

Tim Louis’s firm specializes in handling a diverse range of disability claims. Whether you’re dealing with a mental health issue like depression or a chronic condition that leaves you unable to work, Tim Louis has the expertise to guide you through the claims process. His firm has successfully represented clients with a variety of conditions, ensuring that they receive the benefits they are entitled to under BC law.

The diversity of claims that Tim Louis handles is a testament to his comprehensive understanding of disability law. It also reflects his commitment to advocating for all individuals, regardless of the nature of their disability. With Tim Louis, you’re not just getting a lawyer; you’re getting a dedicated advocate who will stand by you, no matter how complex your case may be.

Legal Action vs. Resolution

When it comes to long-term disability claims, there are generally two avenues for resolution: negotiation or legal action. While negotiation is often the first step, sometimes taking legal action becomes unavoidable. Tim Louis excels in both arenas. His negotiation skills are unparalleled, often resulting in favorable settlements without the need for court intervention. However, when legal action is necessary, Tim Louis’s courtroom prowess comes into play. His track record of successful litigation speaks volumes about his capabilities. Whether it’s through negotiation or in the courtroom, Tim Louis is committed to getting you the benefits you deserve.

Bridging the Gap Between Expectation and Reality

Navigating the maze of long-term disability claims often comes with a set of preconceived notions. While you might think that a valid medical diagnosis is a guarantee to benefits, the actual process is far more complicated. Tim Louis prides himself on offering his clients a transparent and realistic outlook on their cases. He walks you through the potential hurdles and likely outcomes, ensuring you’re mentally and emotionally prepared for the journey ahead. This grounded approach minimizes stress and eliminates surprises, setting you up for a more manageable claims experience.

Prioritizing the Client in Every Aspect

When it comes to long-term disability claims, a one-size-fits-all approach simply won’t cut it. Tim Louis has built his practice on the fundamental principle of client satisfaction. Recognizing that each client comes with a unique set of circumstances and challenges, he tailors his approach to meet these individual needs. From the first meeting to the final resolution, Tim Louis is not just focused on winning your case; he’s dedicated to making the entire process as seamless and stress-free as possible for you. This client-centric philosophy ensures that you’re treated not just as another file, but as a respected individual deserving of personalized attention and care.

Crafting a Robust Case: The Holistic Approach

When it comes to building a compelling long-term disability claim, understanding the client’s entire ecosystem is crucial. This includes not just the client but also their family, caregivers, and medical professionals involved in their care. Tim Louis goes beyond the surface to dig deep into these relationships and dynamics. His firm takes the time to build comprehensive cases that consider every angle, every piece of evidence, and every testimony. This meticulous approach ensures that when your case is presented, it’s unassailable, leaving no room for doubt about your eligibility for benefits.

The Weight of Experience and Community Recognition

In the legal world, experience isn’t just a resume filler; it’s a testament to a lawyer’s capabilities and reputation. Tim Louis brings to the table 38+ years of specialized experience in long-term disability law. But it’s not just the years that count; it’s also the recognition from the legal community. Tim Louis has been honored with awards such as the Harry Rankin QC Pro Bono Award, acknowledging his commitment to providing exceptional legal service. When you choose Tim Louis, you’re not just getting a lawyer; you’re securing representation that is both highly experienced and widely respected in the legal community. This dual advantage amplifies the strength of your case, providing you with the best possible chance for a favorable outcome.

Get the long-term disability benefits you deserve

Navigating the complex world of long-term disability claims can be a daunting task. From understanding the complexities of insurance laws to countering the tactics employed by insurance companies, the challenges are many. Add to this the need for setting realistic expectations and adopting a client-focused approach, and it’s clear that you need an expert navigator. That’s where Tim Louis comes in. With 38+ years of specialized experience, a comprehensive approach to case building, and a client-focused ethos, Tim Louis is not just a lawyer; he’s your advocate, your guide, and your best chance at securing the benefits you rightfully deserve.

If you’re in British Columbia, and are struggling with a long-term disability claim, don’t navigate this stressful journey alone. Reach out to BC lawyer Tim Louis in Vancouver. His expertise, recognition, and unwavering commitment to his clients make him the go-to choice for all your long-term disability needs.

Don’t let the complexities of the legal system deter you. Take the first step towards securing your future and getting the benefits you deserve. Contact Tim Louis today at (604) 732-7678 or email timlouis@timlouislaw.com. Your path to justice starts here.

Frequently Asked Questions

Long-term disability typically refers to a medical condition that prevents you from performing the essential duties of your job for an extended period. This can include both physical and mental health conditions.
The first step is to consult your insurance policy to understand the eligibility criteria and required documentation. Then, submit a claim form along with medical records and any other required documents.
Yes, claims can be denied for various reasons, such as insufficient medical evidence or failure to meet the policy’s criteria. It’s crucial to consult a specialized lawyer like Tim Louis to navigate the appeals process.
A lawyer can guide you through the complexities of the claims process, help you gather necessary documentation, and represent you in appeals or legal proceedings, increasing your chances of a successful claim.
The duration of benefits varies according to your insurance policy and could range from a few years to until retirement age in some cases.
This depends on your insurance policy and other programs you may be enrolled in. Some policies may have clauses that offset your benefits if you’re receiving other forms of income.
Common reasons include lack of medical evidence, discrepancies in the information provided, or not meeting the definition of disability as per your insurance policy.
Yes, you can appeal a denied claim. The process usually involves submitting additional documentation and may require legal representation for the best outcome.
With decades of experience, Tim Louis has extensive knowledge of BC’s insurance laws and specializes in helping clients navigate the complexities of long-term disability claims.
You can reach Tim Louis at (604) 732-7678 or via email at timlouis@timlouislaw.com for a comprehensive consultation on your long-term disability case.

Further Reading

  1. Long Term Disability Plan Regulation – BC Laws:

    2. Regular full-time employees are covered by the Long-Term Disability Plan upon completion of six months of active employment with the employer. Read more

  2. Long Term Disability Plan for B.C. government employees:

    3. Regular employees can qualify for long-term disability if they work in a position that’s at least half-time, have 6 months of active service, and have completed 6 months of Short Term Illness and Injury Plan (STIIP) benefits. Read more

  3. Long-term disability denied in British Columbia? 3 things to do:

    4. Most British Columbians, whether working for an employer or self-employed, have long-term disability coverage. Read more

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

    5. This article delves into the rights you have when filing a long-term disability claim in BC, offering valuable insights into the legal landscape.

  5. Long-Term Disability in BC

    6. A comprehensive guide that covers the basics of long-term disability in British Columbia, helping you understand what to expect.

  6. Long-Term Disability for Anxiety and Depression

    7. This piece focuses on mental health conditions like anxiety and depression, explaining how they can qualify for long-term disability benefits.

  7. Chronic Fatigue Syndrome and Long-Term Disability

    8. Learn how chronic conditions like Chronic Fatigue Syndrome can affect your eligibility for long-term disability benefits.

  8. Specific Health Concerns and Long-Term Disability in BC

    9. A government resource that provides information on how specific health concerns are treated in the context of long-term disability.

  9. Rights and Responsibilities: Reconsideration and Appeals

    10. This BC government page outlines the process for appealing a denied claim, offering a step-by-step guide to help you understand your rights and responsibilities.

Long-Term Disability BC
Long Term Disability long-term disability claims Long-Term Disability Law Long-Term Disability Lawyer Uncategorized

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.

Long-Term Disability BC

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

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

People Also Ask

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.

Further Reading

BC Government – Persons with Disabilities (PWD) Benefit: https://www2.gov.bc.ca/gov/content/family-social-supports/services-for-people-with-disabilities/disability-assistance/on-disability-assistance#:~:text=For%20example%2C%20for%20payments%20issued,single%20parent%20with%20one%20child
Government of Canada – Canada Pension Plan Disability Benefit: https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-disability-benefit.html

Long Term Disability for Anxiety and Depression
Anxiety Depression disability insurance Insurance Claims Long Term Disability long-term disability claims Long-Term Disability Law

Long Term Disability for Anxiety and Depression

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:

  1. 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.

  2. 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.

Further Reading

Anxiety, feelings of depression and loneliness among Canadians spikes to highest levels since spring 2020

Anxiety, depression, loneliness at highest levels among Canadians since early pandemic: survey

 

Tim Louis Vancouver law firm
Employment Lawyer Long-Term Disability Law Long-Term Disability Lawyer Personal Injury Lawyer Vancouver Termination without cause Vancouver Personal Injury Lawyer Wills Variation Workplace Injury Wrongful Dismissal Wrongful Termination

BC Lawyer Tim Louis

Tim Louis Award for Pro Bono Service

BC Lawyer Tim Louis

Many people ask me why I became a lawyer. It all begins in the late 1970s. I was a student and a concerned about the lack of transportation for folks like me that could not access the public transit system. In those days, buses were not accessible – they did not have fold down ramps. I began lobbying Vancouver City Council to create what we now call HandyDART.

One city councilor, Harry Rankin, stood head and shoulders above all the others. His ability to stand up for the “underdog” was something to be seen. He was also a lawyer, and planted the seed in my mind – could I become a lawyer who committed himself to doing what Harry did?

A few years later – 1980, Harry wrote the letter that got me admitted to UBC’s School of Law. In 1983, Harry hired me as his articling law student. In 1999, I was elected to Vancouver City Council as a member of the party he founded – COPE.

I love being a lawyer. Fighting for justice inspires me. Winning cases that at first blush seem unwinnable gives me life. The last 38 years have been absolutely incredible and I hope to write a book soon about a number of my most exciting cases. Harry wrote a book – Rankin’s Law.

If you are ever interested in learning a bit more about the man responsible for who I am today, take a look at “The Rankin File: Legacy of a Radical”.

Disability Lawyer Vancouver BC

Many employers will provide Long Term Disability coverage for their employees. If an employee with LTD coverage becomes unable to work, they are entitled to LTD benefits. Typically, an insurance company collects the premiums every month that the employee is working and then pays the employee when they become disabled. In some cases, the employer will self-insure.

A self-insured employer collects the premiums and makes all LTD payments. One more important thing to be aware of – if the employee pays the premiums every month, any future disability benefits will be tax-free. If on the other hand, the employer pays the premiums every month, then any future disability benefits will be taxable.

I act for individuals denied their long term disability benefits no matter what the cause of their disability. If you are unable to work, and you have been denied long term disability benefits, I will act for you no matter what the cause of your disability.

Since 1984, I have acted for individuals unable to work as a result of many different causes. People with chronic fatigue syndrome, fibromyalgia and mental illness are just a few of the wide array of cases I take on.

Why hire a disability lawyer?

I am frequently asked – why hire a disability lawyer? The answer is very clear. Without a lawyer, you are at a significant disadvantage when dealing with your insurance company. There is a power imbalance between you and the insurance company’s representative.

Your insurance company will send you to a medical expert of their choosing. Typically this medical expert will be biased against you. When you hire a lawyer, everything changes. All communication must go through your lawyer. Your lawyer will refer you to one or more medical experts so that if your case goes to court, the judge will have medical expert reports from both sides.

What to do if you have been denied benefits

If you have been denied long term disability benefits, or if your long term disability benefits have been terminated, you should see a lawyer immediately. Some individuals are fooled by their insurance company’s invitation to appeal the denial or termination.

These appeals are all dealt with by the insurance company’s own staff. Almost all appeals are unsuccessful. The longer the appeal process takes, the longer it takes to start a lawsuit. The longer it takes to start a lawsuit, the longer it takes to get a trial date. Even worse, if you allow the appeal process to drag on for more than 2 years without starting your lawsuit, your case is finished. You are not allowed to sue more than 2 years after a denial or termination.

Why hire Tim Louis if your insurance claims have been denied?

I have almost 40 years of experience fighting insurance companies on behalf of disabled individuals. Insurance companies do not like me. I recognize that many people are fearful of going to trial, so I always aim to get my client what they would likely receive at trial in an out of court settlement instead. One of the best ways to decide whether or not a lawyer is the right lawyer for you, is to look at their online reviews. I am very proud of the over 100 online reviews I have received that have given me a 4.9 star rating. I only get paid if we are successful.

Personal Injury Claim

Personal Injury Lawyer Vancouver BC

If you have been injured as a result of someone else’s or a corporation’s fault, you are entitled to compensation for not just your pain and suffering, but also your lost income, including income you will lose in the future. You must start your lawsuit within 2 years of suffering your injury. If you fail to do so, your lawsuit is out of time. Many people are unaware of the fact that if they wish to sue a municipality, say for a trip and fall on a municipal sidewalk, there is a special requirement that they must serve the city clerk with written notice setting out the general details of what happened, including where and when. This written notice must be served on the city clerk within 60 days of the injury.

I have acted for individuals suffering from all types of personal injuries including slip and fall, dog bite(s) and burns. Many of my slip and fall cases occur inside retail establishments where my client slips on water or produce. I have acted for clients who have suffered very serious dog bites. Injury from burns may occur in a restaurant where boiling water or other liquid(s) is accidentally poured on my client. I have acted for individuals who were burned by the hot water coming out of their residential tap as a result of the landlord setting the hot water tank at too high a temperature.

When to hire a personal injury lawyer?

If you have suffered a personal injury, you should hire a lawyer, specifically one with a proven track record. In most cases, the party responsible for your injury will have insurance. The insurance company will assign an adjustor to your case, whose specialty is reducing the amount of money you receive. A lawyer will level the playing field.

What to do if you have been injured?

If you have been injured, and the party at fault has insurance, you should not talk to anyone from the insurance company. Instead, you should hire a lawyer with a proven track record. You should keep track of all of your out of pocket expenses, including medical expenses. If, due to injury, you are unable to apply for a job you had been planning on applying for, you should keep a record of the name of the potential employer and what the pay would have been. You should see your family doctor on a regular basis, so that there is a record of your symptoms in your medical file.

Why hire Tim Louis?

As my over 140 online reviews confirm, I get results, while at the same time providing accessible client-centered legal representation. I have been acting for injured individuals for almost 40 years. I am known for moving my client’s file along without unnecessary delays. As many clients are reluctant to go all the way to trial, my goal, whenever possible, is to get my client an out of court settlement equal to what they would have achieved at trial.

Wrongful Termination or dismissal

Employment law in BC – Tim Louis

Most employees are governed by provincial legislation. However, employees working in industries that are federally regulated such as airlines and banks, are governed by federal legislation. If you have been terminated without adequate notice by your employer, then you are entitled to compensation unless your employer had just cause for the termination. Theft, chronic tardiness, and insubordination are a few examples that would give an employer just cause to terminate without notice.

If your employer terminates you alleging they have just cause, that does not necessarily mean that they do. I have acted for many clients whose employer terminated them alleging just cause, but I was able to demonstrate that the ‘just cause’ did not actually exist. If you sue your employer for termination without cause, then you may be entitled to pay in lieu of notice in the range of 4-5 months of pay per year of employment.

When to hire an employment lawyer?

If you have questions about any of the above areas, then you are better off hiring an employment lawyer who will provide you with the legal advice you need to make informed decisions. Most employers know much more about employment law than their employees. When the employee hires a lawyer, the employee is no longer at a disadvantage.

Why work with employment lawyer Tim Louis?

I have almost 40 years of experience representing employees. I never act for the employer. I have a proven track record of winning victories for my clients. Clients that want to hire me on a percentage basis know that they will only pay me if I win for them.

BC Lawyer TIm Louis

Estate Litigation Law in BC

The Wills, Estates and Succession Act (WESA) came into force in 2009 replacing the Wills Variation Act. WESA gives any child, including an adult child, and the spouse of a deceased person the right to apply to court to vary the will of the deceased person. The court will look at many factors, including the size of the estate and the financial situation of the applicant.

I have acted for minor children, adult children, and the spouse of a deceased person who left a will that did not make adequate provision for my client. I have also acted for individuals named in an earlier will, but not named in the deceased’s last will where the deceased person did not have the mental capacity to make the last will.

When to hire an estate litigation lawyer

If your parent or spouse has passed away and you feel that they do not make adequate provision for you in their will, you should see a lawyer immediately. You may have a very strong case on an application to court to have the deceased’s will varied. You should also see a lawyer immediately if you were named in an earlier will but the deceased did not put you in the current will, and you feel the deceased lacked the mental capacity to make the last will.

Why work with Tim Louis?

I have almost 40 years of experience helping the disinherited contest wills and transfers – and win. As my countless online reviews will attest, I provide the very best client-focused service.

Tim Louis Law Testimonials and Google Reviews

Vancouver Lawyer Tim Louis

When to contact a lawyer?

If you have a legal concern, it almost always pays to consult a lawyer. Most lawyers will provide the initial consultation for free, or for a very low fee. This is well worth the investment as you may fail to exercise your rights without getting legal advice.

The benefits of working with a trial lawyer

Managing a lawsuit all the way up to, and if necessary trial, is a complex matter. The rules of court are complex. A trial lawyer knows how to properly prepare your case. This actually reduces the likelihood of the matter going to trial, as the other side sees how well prepared you are. If it does go to trial, your case will be properly presented to the judge.

First steps? Free consultation

Your first step is to find a lawyer experienced in your area of law. You might try talking to friends or acquaintances. Many people looking for a good lawyer will choose instead to do an online search, which will give a much wider list of potential lawyers. It will also provide an opportunity to read about the lawyer on their website. Finally, it will provide an opportunity to read online reviews.

Many lawyers will offer free consultations. Some individuals looking to hire a lawyer will choose to interview two or three lawyers before choosing the one they are most comfortable with.

Contact Tim Louis

If you are looking for the advice of an experienced lawyer, call me. I have been practicing law for almost 40 years, and I have the results to show why I’ve been in the business for so long.

My law firm phone number is 604-732-7678.

My cell is 778-855-3494.

chronic fatigue syndrome
chronic fatigue syndrome long-term disability claims Long-Term Disability Law Long-Term Disability Lawyer

Chronic Fatigue Syndrome

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
Injury Claims Insurance Claims long-term disability claims Long-Term Disability Law Long-Term Disability Lawyer

Long-Term Disability Claim


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.
Long-Term Disability Claim

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.

Have a question? Use our convenient “Get Help” chat below.

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.

Long-Term Disability Insurance Lawsuit
disability insurance Injury Claims Insurance Claims Long-Term Disability Law Long-Term Disability Lawyer

Long-Term Disability Lawsuit

Long-Term Disability Insurance Lawsuit

Long-Term Disability Lawsuit:

Expert insights from long-term disability lawyer Tim Louis.

Many of my long-term disability clients are under the mistaken belief that if they win at trial the judge will order the insurance company to pay my client one lump sum equivalent to the amount of each monthly payment multiplied by the number of months from the trial to the date of my client’s retirement. Unfortunately, this is not the case. If you win your long-term disability lawsuit the court will order your insurance company to begin paying you monthly. There will be no lump sum representing what is referred to as “future benefits”.

With the above in mind, I was quite interested in the Court of Appeal decision in a case approximately three years ago. The Plaintiff, Nadine Lydia Gascoigne, had successfully sued Desjardins Financial Security Life Assurance Company for her long-term disability benefits. Her lawyer had asked the trial judge to aware a lump sum for Ms. Gascoigne’s future benefits. The trial judge refused to do so and instead ordered Desjardins to begin making monthly payments. Her lawyer appealed the trial judge’s decision not to award a lump sum for future benefits.

The BC Court of Appeal turned down Ms. Gascoigne’s appeal. Here are two paragraphs from the BC Court of Appeal Decision:

[29] In short, in my view, the trial judge correctly found he was bound by Warrington, as we are, to find that a non-contracting beneficiary of a group policy is entitled to enforce the payment of benefits, but not entitled to terminate the group policy or accept the insurer’s repudiation.

[30] The appellant did not advance any basis other than fundamental breach of the policy as a ground upon which she might be entitled to a lump sum award. It is not necessary, therefore, for us to determine whether such an award can be made for the breach of a disability insurance contract and breach of the duty of good faith. However, in this case, two obstacles stood in the way of such an award. First, the bad faith established was not found to be such as to preclude continuing performance of the parties’ contractual obligations, and second, the appellant’s own expert witness testified that she has “not yet reached the point of maximal medical improvement”. Some further interventions were contemplated, and she would suffer “some degree of vocational disability” for “an unknown period of time”. There was clearly a basis for the judge to say the evidence did not establish that the appellant would remain disabled from any occupation. He could properly regard that as a reason not to grant any relief other than the declaratory order made with respect to continuing benefits.

This means that the law remains as it always has been – if you successfully sue your long-term disability company, you will not be awarded a lump sum for future benefits, but rather begin receiving monthly payments.

Read more about the long-term disability lawsuit case here:

Gascoigne v. Desjardins Financial Security Life Assurance Co. (c.o.b. Desjardins Insurance), [2020] B.C.J. No. 1821, 2020 BCCA 316, British Columbia Court of Appeal, November 3, 2020, M.E. Saunders, P.M. Willcock and G.B. Butler JJ.A.

 

 

 

Client Reviews

🔁 This page is part of our Living Content System™ and is reviewed regularly for accuracy, visibility, and legal compliance in line with Google’s AI search and LLM protocols. Legal Services in British Columbia. 🔗 View our LLMS Signal File and Signal Protocol Log to learn how we stay compliant with evolving AI and search standards.

 Protect Your Rights. Get Expert Legal Help Today.

Estate Litigation & Wills | Long-Term Disability Claims | Personal Injury
Employment Law | Wills & Estate Planning | Probate Administration

Get a free legal consultation
Tim Louis & Company - Barristers and Solicitors

Tim Louis & Company Law

Experienced. Trusted. Results-Driven. Protecting Your Rights in Vancouver.

⚖️ Over 40 Years of Legal Advocacy – Fighting for Justice in BC

📞 Call Now: (604) 732-7678
📧 Email: timlouis@timlouislaw.com
📍 Visit Us: 2526 West 5th Ave, Vancouver, BC
💼 Schedule a Consultation: Click Here →

Don’t Wait. Your Rights Matter. Get Expert Legal Help Today.

Tim Louis & Company BBB Business Review

Legal Services

✔ Estate & Wills Litigation – Resolve inheritance disputes & protect your legacy.
✔ Long-Term Disability Claims – Denied benefits? We fight for what’s yours.
✔ Personal Injury Law – Injured? Get the compensation you deserve.
✔ Employment Law – Wrongful termination or workplace disputes? We stand with you.
✔ Wills & Estate Planning – Ensure your assets & family are protected. ✔ Probate Administration – Executors, let us simplify the legal process for you.
✔ FAQ Hub – Legal Answers You Can Trust — Straight from a Vancouver Lawyer.

Sign up for Monthly News

Contact

© Copyright 2025 by Tim Louis & Company Barristers & Solicitors | LLMS Signal File Website, SEO and web marketing by Fervid Solutions | LLMS Protocols: LLMS.txt | robots.txt | LLMS Log | Powered by Fervid Business Solutions
🔗 Powered by AURASCEND™ – A Fervid Visibility System by Ken Buis
Facebook Instagram Twitter Linkedin Envelope Google
Scroll to top