By Tim Louis
Fighting for long-term disability (LTD) claims for mental health conditions can feel like an uphill battle. The stigma surrounding mental health, combined with the unique challenges faced by those living with conditions like depression, anxiety, PTSD, or bipolar disorder, often makes claiming benefits a complex and daunting process. For many, the very act of seeking LTD benefits can feel like a validation of their struggle—a critical step in securing the support they need to manage their daily lives.
Unfortunately, mental health claims often face more scrutiny than physical health claims. The subjective nature of mental health symptoms, combined with the lack of visible, physical evidence, means that insurers are more likely to question these claims. Claimants must provide comprehensive medical documentation and navigate a system that doesn’t always recognize the full impact of mental health conditions on one’s ability to work. Accurate documentation, professional guidance, and a clear understanding of the process are not just helpful—they’re essential.
This guide is here to walk you through the key steps, common challenges, and practical tips to improve your chances of a successful LTD claim for mental health. Keep reading to learn how to present a strong case, overcome hurdles, and secure the legal and financial support you deserve.
Mental health long-term disability (LTD) claims cover a wide range of psychological conditions that significantly impair an individual’s ability to work. These conditions include, but are not limited to, depression, anxiety, post-traumatic stress disorder (PTSD), bipolar disorder, and other serious mental health issues. Unlike physical disabilities, these conditions often lack visible symptoms, making it more challenging to demonstrate the full extent of their impact on daily functioning.
Claimants pursuing LTD benefits for mental health conditions often face unique hurdles. One of the primary challenges is the absence of objective medical tests—like blood tests or imaging scans—that can conclusively prove the severity of a mental health condition. Insurance companies too often question the legitimacy or extent of the impairment. Additionally, the ongoing stigma surrounding mental health can result in insurers downplaying the condition’s impact on work capacity, leading to denials or requests for additional evidence.
For a successful mental health disability claim, comprehensive and detailed documentation is crucial. Medical records should clearly outline the diagnosis, treatment history, and the effects of the condition on everyday life. Regular visits to mental health professionals, including psychiatrists, psychologists, or licensed therapists, help establish consistency in treatment, which is often a key factor in proving the validity of the claim. Claimants should ensure that all symptoms are documented and that their healthcare providers fully understand the impact of their mental health condition on their ability to perform job-related tasks. This thorough and ongoing evaluation forms the backbone of any strong LTD claim for mental health conditions.
This section underscores the importance of preparing robust documentation and understanding the critical components required to support your mental health LTD claim effectively.
One of the most prevalent reasons mental health claims are denied is due to insufficient medical evidence. For instance, if a claimant has not been regularly attending therapy sessions or if there are gaps in treatment, insurers may argue that the condition is not severe enough to warrant long-term disability benefits. An example of this can be seen when claimants with depression fail to provide consistent therapy notes or detailed treatment plans from their psychologists.
This lack of evidence makes it easy for insurers to dismiss the claim, stating that the provided documentation does not convincingly demonstrate the extent of the mental health condition’s impact on daily functioning and work capabilities.
Another common denial reason is the pre-existing conditions clause, which insurers often leverage against claimants. For example, if an individual has a documented history of anxiety or depression before their insurance policy came into effect, the insurer may argue that the disability is a continuation of a pre-existing condition and therefore not covered. This scenario frequently occurs even when the claimant’s mental health has significantly deteriorated over time, rendering them unable to work. To combat this, claimants can present evidence showing a marked progression or aggravation of their symptoms, supported by expert opinions that show the difference of the current condition from its previous state.
Insurers also frequently deny claims based on a misinterpretation of symptoms. Mental health conditions like PTSD or severe anxiety are often minimized by insurers, who might argue that the symptoms do not equate to a disability because they are not physically observable. For instance, if a claimant with severe anxiety can still manage daily tasks such as grocery shopping or attending medical appointments, insurers may downplay the condition’s impact on their ability to perform work tasks consistently. To overcome this, claimants must provide comprehensive assessments, such as Functional Capacity Evaluations, that clearly articulate how the symptoms affect their professional and personal life. This objective evidence helps establish the severity of the condition and counteract the insurer’s misinterpretations.
To strengthen your mental health disability claim, it’s essential to follow these key steps, starting with securing professional legal support:
Getting legal support from a highly experienced long-term disability lawyer like Tim Louis from the beginning can make a significant difference, ensuring your claim is well-prepared, comprehensive, and has the best chance of success.
Navigating the complexities of a mental health long-term disability claim can be daunting, particularly when dealing with insurers who may be inclined to minimize the severity of psychological conditions. This is where the expertise of a disability lawyer, such as Tim Louis, becomes invaluable.
A lawyer plays a critical role in guiding claimants through the complex claims process, ensuring that every necessary document is meticulously prepared and presented. From handling all communications with insurance companies to crafting a compelling argument that highlights the unique challenges of mental health conditions, a lawyer helps claimants put forward the strongest case possible.
Legal support also offers strategic advantages. A lawyer can pre-emptively address common pitfalls that lead to claim denials, such as insufficient medical documentation or misinterpretations of symptoms.
For example, Tim Louis utilizes his extensive experience in disability law to identify gaps in evidence and works closely with clients to secure the required medical reports, personal statements, and functional evaluations that can make a decisive difference. By managing appeals and negotiations, Tim Louis not only alleviates the emotional burden on claimants but significantly improves the likelihood of a successful outcome, ensuring that claimants receive the support they need during their most challenging times.
Engaging a disability lawyer during the appeals process significantly increases your chances of success. A lawyer brings expert knowledge of disability law and appeals strategies, helping to frame your case compellingly and ensuring all necessary evidence is included.
Tim Louis, with his extensive experience in handling complex disability appeals, offers invaluable support in navigating this challenging process, ensuring your appeal is presented in the best possible light. With legal representation, you’re not just appealing a denial—you’re building a robust case for the benefits you deserve.
Mental health conditions that may qualify for long-term disability include depression, anxiety disorders, bipolar disorder, PTSD, and schizophrenia. Eligibility often depends on how the condition affects your ability to work and daily life, supported by thorough medical documentation.
The claim process can vary, but it typically takes several weeks to months. The duration depends on the completeness of your application, responsiveness of healthcare providers, and whether additional information or appeals are required.
Depending on your insurance policy, you may be able to work part-time, but any income earned could reduce your benefits. It’s crucial to understand your policy’s terms and consult with a lawyer to avoid jeopardizing your claim.
If your claim is denied, review the denial letter carefully, gather additional medical evidence, and consider appealing the decision. Consulting with a disability lawyer can significantly improve your chances of a successful appeal.
Strengthen your claim by maintaining consistent treatment, collecting detailed medical records, and documenting how your condition affects your daily life and work capacity. A well-prepared claim backed by expert legal guidance can make a substantial difference.
While not mandatory, having a lawyer can greatly enhance your claim’s success by navigating complex policy language, managing communications with insurers, and presenting a well-structured case.
Medical evidence is crucial in proving your condition and its impact on your ability to work. This includes reports from psychologists, psychiatrists, ongoing treatment records, and personal statements detailing your daily challenges.
Insurers often use pre-existing condition clauses to deny claims, but this can be challenged. Detailed medical history and continuous care documentation can help differentiate between new conditions and pre-existing ones.
Start by reviewing the denial reasons, then gather new or additional evidence, such as updated medical records or functional assessments. Submit your appeal within the specified deadline and consider legal representation to guide you through the process.
If your appeal is denied, you may have further options, such as a second appeal or legal action. Consulting a disability lawyer can help you understand the next steps and improve your chances of eventually securing benefits.
Navigating the long-term disability claims process for mental health conditions can be difficult, but with the right approach, you can significantly improve your chances of success. Ensuring thorough documentation, maintaining consistent medical treatment, and seeking professional legal support are crucial steps in making a strong case. By taking control of your claim, you’re advocating for your right to receive the benefits you deserve.
If you’re struggling with your mental health LTD claim, don’t navigate this complex journey alone. Tim Louis offers personalized guidance to help you understand your rights and build a compelling case.
Contact Tim Louis today for a free consultation tailored to your unique situation. Reach him at:
Get the expert legal support you need to navigate your disability claim successfully.
Together, we can work to secure your rightful benefits and support your journey toward better health.
These resources will provide additional information to support your understanding of long-term disability claims for mental health conditions, helping you build a stronger case. For expert advice, contact Tim Louis today.
f your long-term disability insurer says your medical evidence is not enough, your claim is not necessarily over. Learn what proof may matter, why a diagnosis alone may not answer every question, and why functional evidence can be important before you respond.
Long-Term Disability Can You Work, Volunteer, or Travel While on
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.
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.
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.
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.
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.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:
If you are receiving long-term disability benefits, you are not eligible for PWD. If you are receiving CPP-D, it will be deducted dollar for dollar from your PWD.
WorkSafe 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.
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.
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.
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.
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.
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.
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
Personal Injury Case: It was June 23, 2020, and just a typical summer day for Arts Rorimpandey. Typical that is, until he visited his neighbourhood Walmart. He went there to purchase …
It was June 23, 2020, and just a typical summer day for Arts Rorimpandey. Typical that is, until he visited his neighbourhood Walmart. He went there to purchase some Drano. This was located on the bottom shelf. Mr. Rorimpandey squatted down to look at the different Drano products. All of his attention was on the array of products.
Unbeknownst to Mr. Rorimpandey, a Walmart employee was moving some garbage bins.
Walmart is a company focused solely on the bottom line. It does not ask its employees to move garbage in A garbage bin, but rather two bins at once. This saves money but makes it much more difficult for the employee to keep a safe lookout. I should note that Walmart creates a culture in which its employees are always feeling they are under the gun.
Back to Mr. Rorimpandey. The next thing he knew, his left shoulder was being rammed by a fully loaded garbage bin travelling at breakneck speed. He suffered a left shoulder joint separation. In medical terms, an acromioclavicular joint separation.
To make matters worse, Mr. Rorimpandey’s worked at a bakery, where heavy lifting was required. The joint separation in his left shoulder had a major impact on his ability to work. It prevented him from lifting. Fortunately, he had a very accommodating employer who asked the other workers to perform any lifts Mr. Rorimpandey needed done.
Mr. Rorimpandey hired me and I immediately filed a lawsuit (Notice of Civil Claim) against Walmart. Eventually, Walmart’s lawyer filed a Response to Civil Claim.
Here are some excerpts:
I did not dillydally. Corporate defendants do not like trials. Too great a risk of getting negative publicity. I set Mr. Rorimpandey matter down for trial for the first date available in the court’s calendar. I then ordered expert reports including one from Mr. Rorimpandey’s family doctor.
On July 13th of this year, Wal-Mart asked for the matter to go to mediation. We agreed and on August 17th, we went to mediation. It settled, but only on Wal-Mart’s condition that Mr. Rorimpandey not ever disclose the terms of the settlement.
I want to thank Mr. Rorimpandey for giving me the opportunity to fight for him. He was a wonderful client to work with. I wish him and his family the best of success.
Get the legal help you need. Contact Tim Louis for a free legal consultation at 604-732-7678 or email timlouis@timlouislaw.com .
At Tim Louis Law, we understand what an overwhelming time this can be and will fight on your behalf to ensure that you receive
the compensation you deserve for your injuries.
According to the Government of Canada, 1 in 5 Canadians believes they know of a senior who may be experiencing some form of abuse and personal injury. Seniors of all ages, religions, races, cultures and ethnic backgrounds are prone to elder abuse, which occurs more often than people realize.
Abuse can happen to anyone, in any family or relationship. Discovering that a loved one has suffered from a personal injury due to the negligence of a care provider can be a troubling, stressful realization. We understand your frustration and are here to answer any questions you have. An experienced and compassionate Lawyer can provide you with the advice you seek concerning legal action during this unsettling time. Below we have compiled basic information about the different types of elder abuse, and the best course of action moving forward.
Elder abuse can take many forms and is not limited to hitting, striking, shaking, or beating. For instance, a caregiver can be found liable if they refuse to serve a patient breakfast simply because they were displeased with their patient. It is also considered abuse when the individual is emotionally or psychologically abused through the use of degradation, threats, or manipulation. Elder abuse can exist as a single injury-inducing event, or as a pattern of bad conduct.
Physical abuse is any type of abuse that causes injury or discomfort (this includes sexual assault). Signs of physical abuse may include but are not limited to:
Psychological or emotional abuse involves a caretaker who systematically and maliciously manipulates a patient causing emotional anguish, fear, and or dignity. Signs of psychological abuse may include:
The caregiver fails to provide the basic essential personal care needs of the person.
Examples include water, food, medication, clothing, mobility aids, hygiene, social contact eyeglasses, neglect, and exercise.”
Active Neglect:
Signs of neglect may include:
Financial abuse is the exploitation or theft of someone’s money, assets, or property. It can also include fraud, forgery, abuse of Power of Attorney, or access to the person’s bank account. Signs of financial abuse may include:
Institutional abuse involves the neglect and poor care practice within an institution or any other specific care setting such as in a hospital, care home, or residence. Signs of institutional abuse may include:
If you suspect an elderly individual is in immediate danger, the best course of action is to contact the police by calling 911.
If you or a loved one has suffered from a personal injury at the hands of a caretaker in Metro-Vancouver, or to find out if you have grounds to sue an elderly provider, it is best to contact an experienced, compassionate personal injury lawyer who will advise you on the steps necessary to take action. At Tim Louis Law, we understand what an overwhelming time this can be and will fight on your behalf to ensure that you receive
the compensation you deserve for your injuries. For a free, no-obligation consultation, contact us by calling 604-732-7678 or email us at timlouis@timlouislaw.com.
https://www2.gov.bc.ca/gov/content/family-social-supports/seniors/health- safety/protection-from-elder-abuse-and-neglect
https://www.canada.ca/en/employment-social-development/campaigns/elder-abuse.html
https://www.canada.ca/en/employment-social-development/campaigns/elder- abuse/reality.html#b
Many people in British Columbia are injured every year due to slip and fall accidents. These types of injuries can occur in almost any location, whether it is from a wet floor at a grocery store, or an uneven sidewalk. Injuries can also result from accidents due to snow, ice, liquid, or any other hidden hazards.
Slip and fall claims in BC are governed by the Occupier’s Liability Act. To be successful in a slip and fall claim, one must prove that the occupier was negligent to some extent. Note that an occupier’s duty of care does not require the occupier to remove every possibility of danger. The test is one of reasonableness, not perfection.
Immediately after a fall, it is common to feel a sense of embarrassment. This is completely normal and to be expected. As human beings we are used to being in control of our bodies — a sudden, unexpected fall in public can make one feel self-conscious.
It is important however not to minimize your experience at the scene of a fall. If you are unable to move and require medical attention, stay where you are and request help at the scene. When you leave the scene, immediately seek medical treatment at a hospital or medical clinic. It is important to know that your actions — whether it is what you say, or what you do in the aftermath of a slip and fall, may influence the outcome of your claim especially when involving complex issues relating to liability.
We highly suggest that you contact a slip and fall personal injury lawyer at the earliest stage possible.
As the days or weeks pass after the initial slip and fall accident, there is a high probability that you may be contacted by the occupier or by their insurers. It may seem that they are reaching out to assist you, but this is not always true.
If you are the victim of a slip and fall accident, you should contact your lawyer before communicating to avoid saying anything that could hurt your claim. It is also important to seek appropriate medical attention from a trusted physician to ensure you are thoroughly examined.
To prove that the occupier or owner of the premises is liable for your slip and fall injury, you must be able to prove that they failed to keep their premises in a reasonably safe condition. Evidence is necessary to prove this, so if you have been involved in a slip and fall accident, we suggest that you follow these steps:
We advise that you contact a Vancouver personal injury lawyer who specializes in slip and fall claims. A lawyer will be able to assess your case, ensure your rights are fully protected, and advise whether or not you are eligible to receive compensation. For more information or to set up a free consultation with Tim Louis & his compassionate, trusted team of experts, call 604-732-7678 or email timlouis@timlouislaw.com
Source: Occupier’s Liability Act:
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96337_01
Experiencing a traumatic event can have a lasting effect — both physically and psychologically. Post Traumatic Stress Disorder can remain with you for months, years or even indefinitely if the initial trauma is significant enough. This is why post-traumatic stress disorder is a common condition affecting the mental health of so many people — specifically those who have sustained a personal injury through workplace or traffic-related incidents.
The Mayo Clinic defines post-traumatic stress disorder as a condition triggered by an extremely horrific experience -– whether a person is directly involved in the event itself, or just an outside observer.
Although popular media and literature commonly associates PTSD with trauma resulting from active military combat, exposure to a natural disaster or violent physical assault, the simple fact is PTSD can be brought on by any trauma that is severe enough to affect the individual on a deep psychological level. This can include trauma and/or personal injuries sustained through workplace injuries, traffic accidents, or many other common traumatic events.
When someone is injured during a traumatic event, they may have more than physical injuries to contend with. They may find themselves feeling anxious or extremely keyed up (also known as hyper-arousal) or on edge.
So, how do can someone know if they have PTSD? Many common signs of PTSD can include:
Avoiding locations associated with the trauma, such as a frequently used intersection – or even previously common activities such as driving or riding in a vehicle.
When you are in an accident, it makes you feel immensely helpless and at the mercy of outside forces beyond your control. People who suffer from PTSD often suffer rapid onset of extreme fear or feelings of helplessness that can become a real barrier to their day-to-day life.
Dealing with many of the psychological aspects of trauma can also have a direct physical effect on those dealing with PTSD – such as rapid heartbeat, difficulty breathing, chills, sweating and other physical symptoms. Uncontrollable Thoughts Constant anxiety and fear can lead those who have experienced trauma to have thoughts that simply won’t go away. These negative thoughts can be overwhelming; often needing medical assistance or long-term therapy.
An individual dealing with PTSD-related symptoms can often find themselves suffering from exhaustion and will commonly have problems maintaining a regular sleep schedule.
This can become a repetitive and draining cycle as time goes on — often leaving those suffering from these symptoms with little energy and focus during their day-to-day lives.
These and many other PTSD related symptoms may arise in victims of trauma. If you’ve been involved in an accident and think you may have PTSD, it is in your best interest to contact a medical professional as soon as possible.
Post-traumatic stress disorder is a severe condition that requires immediate and careful attention. PTSD may be treated successfully even after time has passed after the traumatic event, which means it is never too late to seek professional help. Your doctor will often conduct an initial assessment, followed by a referral to a licensed specialist who can work with you to create a short to long-term treatment plan.
Hurt in an Accident? Living with PTSD? Tim Louis Law Can Help.
If you or a loved one has symptoms of PTSD, contact our compassionate and experienced legal team at Tim Louis Law & Associates. We will help build your claim for the compensation you deserve. To book your free consultation, call 604-732-7678 or email timlouis@timlouislaw.com. We’re here to help.
In a September 13, 2013 Tax Court of Canada case, the taxpayer’s claim for amounts paid to install engineered hardwood flooring as a medical expense was denied by CRA. The engineered hardwood replaced fairly new carpet in the taxpayer’s five year old home on the advice that her husband, who suffers from progressively debilitating Parkinson’s disease and psoriatic arthritis, was at serious risk of a fall due to the carpet.
There was no dispute that the new flooring would enable the Appellant’s husband to be more mobile and functional within the dwelling. However, in order to claim a medical expense, the law also requires that the expense:
i. not typically be expected to increase the value of the dwelling; and
ii. not normally be incurred by persons who have normal physical development or who do not have a severe and prolonged mobility impairment.
CRA argued that the engineered hardwood flooring had to be excluded under both requirements.
Taxpayer wins
The Court was satisfied with the evidence that modestly priced engineered hardwood flooring, as opposed to solid hardwood flooring, would not typically increase the value of the property, especially when replacing fairly new, quality carpet in only a portion of the home. The Court further concluded that the taxpayer “only put in what was necessary” and that this expense would not normally have been incurred in the absence of the medical need. As such, the expense was allowed.
Large medical expenses are routinely reviewed by CRA. Contact us before incurring significant costs to determine if they may qualify as a medical expense.
The phone book is the last place to look if you are trying to find a Vancouver personal injury lawyer. Yellow page ad size is more an indicator of the lawyer’s advertising budget than it is the lawyer’s skill set or his/her fit with you and your expectations.
The best way to make certain you hire a personal injury lawyer you have confidence in and feel comfortable with is to take the time to meet with and interview your potential lawyer. Some of the factors you may wish to consider when interviewing different lawyers are:
The best way to make sure that you hire a personal injury lawyer who will have success with your case is word of mouth. If you don’t know someone [e.g. Friend, neighbor, co-worker etc.] who can refer you to a lawyer with whom they’ve had a successful experience, then ask the lawyer you’re interviewing if she/he can refer you to satisfied clients that you may contact.
Although the personal injury lawyer you are interviewing will be the person responsible for the overall management of your case, her/his support staff will be the individuals you deal with most of the time – no matter how accessible the lawyer. Keep this in mind when you set up and attend at the lawyer interview appointment. How are you dealt with over the phone? How are you greeted in the office? What is your first impression of the office as a whole and the support staff you come in contact with – however briefly? First impressions count!
Remember, yellow pages no – interview yes! Call an experienced Vancouver personal injury lawyer at Tim Louis and Company Law today to setup your interview with us.
From the Verdict Magazine: Winter 2013.
Name: Tim Louis
Law Firm & Location: Tim Louis & Company, Vancouver
TLABC Member Since: 1986
Post-Secondary Degree(s) and Institution(s): LLB, UBC 1983
Year of Call in BC: 1984
Areas of Practice: Civil Litigation: Long-Term Disability, Personal Injury
1. the Verdict: What is your concept of justice?
Tim: I have decided this question is best answered by considering the term justice in the context of the phrase ‘a just society.’ Justice means a society in which wealth is distributed much more equally and evenly than it is today. All the empirical data tell us that as we reduce poverty levels and wealth inequality, we do more to reduce crime levels than any ‘get tough on crime’ program will ever accomplish. Reducing wealth inequality also has a greater positive impact on health outcomes than increasing our health care budget will ever have. That is my definition of justice.
2. What led you to choose law as your profession?
A law degree would give me one more tool to help bring about social and political change. The practice of law would give me many opportunities to address social injustice on a case-by-case basis.
3. What is as important to you now as it was 28 years ago, when you were starting your career as a lawyer?
Providing legal services and access to the court system for individuals who would not otherwise have representation.
4. Being asked to represent someone in a legal matter can be a great honour, as well as a great responsibility. When given this opportunity and obligation, what should a lawyer strive to do upon meeting a client for the first time?
Most of my clients have very little if any understanding of the journey they are about to embark on.
I also strongly believe a lawyer should be easily accessible to the client throughout the life of the client’s file. At the very first meeting, I make sure my clients know they should always feel free to contact me and that I always return phone messages within one day – unless I’m in court, in which case one of my support staff will phone them within one day.
5. How does your approach to work differ today from your approach in yesteryear?
My approach today is very much the same as my approach was when I opened my law practice in 1984. If we make ourselves available and accessible as part of our practice, we can not only act on behalf of clients who have retained us, but also assist many other individuals with practical summary advice. A large part of my day is taken up assisting individuals by providing them with pro bono summary advice over the phone and in person.
6. What are some of the most difficult aspects of your workweek, with respect to logistics (e.g. time management, commuting, scheduling)?
Technology has fundamentally changed the way we practice law. It has eliminated, or significantly reduced, many of the difficult logistical aspects of my workweek. Here are two examples:
I rely on Amicus Attorney to keep me organized. I begin each day by working through my Amicus to do list. One of my favourite features in Amicus is its ability to automatically schedule all the key dates prior to a trial at the time the trial date is scheduled. No more last-minute panics getting and serving expert reports before the service date expires!
The internet has made commuting much less of a problem than it ever was. I work from home as I wish – with my support staff in real time over the Internet.
7. What are among the most challenging aspects of practicing in the areas you practice in regularly?
Post-trial cost consequences give an unfair advantage to corporate defendants, such as insurance companies. This makes it very easy for a corporate defendant to take an unreasonable position in negotiations, putting pressure on plaintiffs who will never have the deep pockets corporate defendants do. Too often this pressure forces plaintiffs with good cases to accept poor offers.
8. What are among the most rewarding aspects of your career, and – to date – what are some of your favourite career moments or milestones?
Providing legal representation to individuals who would otherwise go unrepresented is one of the most rewarding aspects of my practice.
Many years ago, I acted for a single mother who had been terminated from her employment as a financial-aid worker by her employer, the Ministry of Social Services and Housing. Her union had sat on her file for two years, forcing my client to exhaust her employment insurance benefits and to apply for welfare. She was covered by a collective bargaining agreement that exclusively prohibited anybody other than the union from representing her on disputes with her employer. I persuaded the union to hire me for a dollar a year. I succeeded in getting her a large financial settlement.
One other case that I remember vividly is a single mother on welfare whose young children had been apprehended by the ministry. It was alleged that she had a condition called Munchausen by proxy – a relatively rare form of child abuse that involves the exaggeration or fabrication of illnesses or symptoms by a primary caretaker – in this case, the mother I was representing. I was successful in taking the ministry to court, obtaining an order that the children be returned to my client. But, the real victory came after this. With the strength of the court victory, I was able to convince the ministry to address the root cause of the mom’s fixation on her children – not enough money to even rarely get out of her home. The ministry agreed to provide her with a monthly swim pass and a bus pass. Many years later, a young man came up to me at a social event and introduced himself as one of the young children, now grown. He let me know how the bus and swim passes had changed his mother’s life, bringing an end to her unhealthy fixation and allowing her to be the mother she wanted to be.
As lawyers, we should always be mindful of the fact that it is not just court victories that can change our clients’ lives for the better, and we should not hesitate to use our ability to advocate in non-court realms.
9. Which aspects of life in the legal profession did law school not prepare you for in a practical way?
Law school does a good job of teaching us analytical thinking and where to find information. It teaches us the theory of law. It does an abysmal job of teaching how to practice law in the real world. It does not teach us how to manage client expectations or how to deal with difficult clients. It does not teach us how to provide practical advice. There are no human resources (courses) in law school that equip us with the skill set to be an effective employer who empowers staff, the people who are the foundation of a successful law practice.
10. Had you not pursued a career in law, which careers do you believe would have been most suitable for Tim Louis’ thoughts and talents?
Before and during law school, my passion was community activism. In my first year at Langara College, I helped co-found the BC Coalition of People with Disabilities. During law school, I helped co-found the Public Interest Advocacy Centre. I also spearheaded what we now call HandiDart – a door-to-door bus service for people with physical disabilities.
If I hadn’t pursued a career in law, I would have looked for jobs that let me continue with my passion – community activism around social issues. One of the things I like most about having my own law practice is that it allows me to do exactly this and make a living at the same time. I am very fortunate to have found a career that lets me merge my passion for justice with my need to earn an income.
11. Disability law is one of your specialities, and your reputation is rock solid. Looking back through the years, what do you regard as some of the most important or significant ways that things have changed for people living with disabilities?
I am most familiar with mobility disabilities.
Transportation has improved enormously. When I was in my first year of law school, the public bus system had no lift-equipped vehicles. HandiDart, a door-to-door custom transit service, did not exist and individuals who were not able to use public transit had to rely on charity based and inadequate services. I still remember hitchhiking in my wheelchair to job interviews for summer employment between years at college. Today, most of the province’s public transit buses are lift-equipped and HandiDart is a government-funded service with a multi-million-dollar budget.
At one point in time in British Columbia, curb cuts were the exception to the norm. Today, the situation is the complete reverse. There has been a fundamental change in options for people who require assistance with activities of daily living. Dave Barrett’s NDP government, in the early 1970s, introduced Community Care which enabled people to get assistance in their own homes, rather than being moved into an institution. In later years, a further improvement was the option of a direct funding model where the individual who needs assistance receives funding directly from the government, so they can hire the (right form of ) assistance they need when they need it.
12. You have been a member of TLABC for more than 25 years. You are also a PAC donor, which means you support our organization’s public-minded aims. What does voluntary membership in this professional association provide you with, generally or specifically?
The TLABC’s listservers level the playing field for lawyers like me who are not part of a large downtown law firm. By giving its members the ability to consult with a large and growing pool of like-minded lawyers, TLABC has created a virtual law firm that is larger than any of the downtown law firms.
In my experience, TLABC’s courses are exceptionally practical. I always leave feeling my investment of time has been a sound one.
For trial lawyers, the Verdict is a must-read publication. Of note, the Verdict’s Case Notes keep me up to date with the latest developments in the law.
13. Whether far back in history or in modern day, who are some of the lawyers and laypeople that come to mind when you think of people you admire?
Harry Rankin. He was an institution who could be at city council – wearing his city council hat until the early morning hours at a public hearing – and by 7am he’d be at work, just a few hours later, as a lawyer getting ready for his daily trial. On Saturday mornings, he would be in his office providing free legal services to anybody who appeared there. At both city council and in his practice, he always stood up for the underdog.
Che Guevara. It might surprise you, but the Che quote I’d like to give is this: “Let me say at the risk of seeming ridiculous that the true revolutionary is guided by great feelings of love.”
Beverley McLachlin. She was my first-year contracts professor in law school and I had the privilege of appearing before her on two occasions after she had been appointed to the bench. She combines a razor-sharp legal mind with a great sense of practicality.
Leonard Weinglass. He was a lawyer’s lawyer who was known for taking on radical causes. In his distinguished career, he acted for: The Chicago Seven, Daniel Ellsberg, Angela Davis and Mumia Abu-Jamal. He was the lead appellate attorney for the Cuban Five, from 2002 until his death in 2011.
14. If you could have been counsel on any case in history – in any field of law – which one would it be, and why? In addition to that, which lawyer in history would you have most liked to work with or worked against?
If I could have been counsel on any case in history, it would have been the case of the Cuban Five. During the 1990s, Cuba was the victim of numerous terrorist attacks. Five Cuban men volunteered to infiltrate anti-Cuban terrorist groups based in Florida. The information they obtained and relayed back to Cuba saved hundreds of innocent lives. This information was then turned over to the FBI by Cuba in the hope that the terrorists would be arrested. Instead, the five unarmed Cuban volunteers were arrested and put on trial for spying. They were convicted by a Miami jury and sentenced to multiple life sentences. I find this outcome such a miscarriage of justice I would have given anything to have been part of their outstanding legal team, led by the late Leonard Weinglass.
15. Which book or film featuring law as a central theme (or as a backdrop to a compelling story) would be at the top of your list of favourites?
The Paper Chase. My first-year property law professor, Professor Todd, was a carbon copy of the professor in the film. While the storyline was about the relationship of the young law student with the professor’s daughter, the movie as a whole provided a very accurate portrayal of my experience in law school (just to be perfectly clear, I did not have any affairs with the daughters of any of my professors – it’s the process of law school I’m talking about here!).
16. Which quotation or mantra do you find particularly inspirational, or perhaps even helps guide you on a day-to- day basis?
A client is not an interruption of our work; he/she is the purpose of it. We are not doing a favour by serving him/her; he/she is doing us a favour by giving us the opportunity to do so – from “What is a Client” – which is hanging in my waiting room at Tim Louis & Company.
17. If every one of your arguments was made and your law books were closed forever, where would you be living, who would be with you and what would life be like for Mr. Tim Louis? By extension, describe an ideal day in which you are living life your way.
It wouldn’t be that much different than what I am doing today. I would be living with my life partner, Penny Parry, in our home in Kitsilano, where we have lived for the last 25 years. We’re both very lucky to have a home that allows us to hold great parties, work while sitting on our south-facing porch (so we get sunshine and warmth well into the winter) and be within walking distance of local stores – which let us become car-free many years ago. The only difference might be that we would have even more time to work on social issues than we do right now.
18. At this stage of your career – with the sum and strength of your experience as a lawyer – what do you, Tim Louis, know for certain about law?
I go back to what my mentor Harry Rankin said: “We have a legal system, not a justice system.”
19. At present – with the benefit of your many life experiences to date – what do you, Tim Louis, know for certain about life?
The older I get, the more convinced I am that the world’s major problems are solvable. As a lawyer, I’ve learned the value of a form of negotiation commonly referred to as principled negotiations. I am heartened by the impact of individuals like former US President Jimmy Carter who, at the age of 88, continues to use his moral compass when speaking out on issues from the Middle East to the lack of democracy in the USA.
I am also more convinced than ever that failure is certain if we don’t try. Success, while not guaranteed, is only possible if we try.
20. – Tim to Tim – Asked & Answered
Tim’s Question to Himself:
Which names are on your dream guest-list for dinner? Tim’s reply:
Chris Hedges – my favourite journalist. He is an American
Pulitzer Prize-winning journalist and war correspondent specializing in American and Middle Eastern politics and societies.
Arundhati Roy – my favourite author. She is an ardent advocate of social and economic justice for India’s oppressed minorities. Evo Morales – my favourite politician. He is Bolivia’s first indigenous president – a humble man whose parents were subsistence farmers.
Noam Chomsky – my favourite sage. He is a living legend and one of the world’s greatest intellects.
Norman Gary Finkelstein – my favourite middle-east commentator. He is an American political scientist, activist and author.
Deepa Mehta – my favourite film director. She speaks with images and says more than words can. She is a Genie Award- winning Indian-born Canadian film director and screenwriter.
What a dinner party! It wouldn’t end until the wee hours of the morning!
(604) 732-7678
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By Tim Louis
By Tim Louis