Benefits of Hiring a Disability Lawyer

The Benefits of Hiring a Disability Lawyer for Your Long-Term Disability Claim

Filing for long-term disability claims can be an overwhelming and challenging process. The intricate paperwork, strict deadlines, and complex legal language often make it difficult for claimants to navigate the system on their own. The process requires detailed medical documentation, clear evidence of disability, and thorough knowledge of the legal criteria for eligibility. Unfortunately, many deserving claims are denied due to minor errors or insufficient documentation, leaving individuals without the support they desperately need.

This is where the importance of legal support comes into play. Hiring a disability lawyer can significantly improve your chances of a successful claim. A skilled lawyer, like Tim Louis, thoroughly understands disability law and can guide you through every step of the process. They ensure that all necessary documentation is complete and correctly submitted, represent you in communications with insurance companies, and provide strategic advice to strengthen your claim.

Tim Louis, a seasoned disability lawyer, brings extensive expertise in handling long-term disability claims. With years of experience and a deep understanding of disability law, Tim Louis and his dedicated team offer personalized legal assistance to help you secure the benefits you deserve. Whether you’re dealing with a denied claim or need help navigating the initial application process, Tim Louis is committed to advocating for your rights and ensuring you receive the financial support necessary to manage your condition effectively.

By leveraging his expertise, you can navigate the complexities of disability claims with confidence, knowing you have a knowledgeable and compassionate advocate on your side.

Understanding the Role of a Disability Lawyer

A disability lawyer plays a crucial role in navigating the complex process of filing a long-term disability claim. Their expertise extends across various tasks that are vital for a successful claim:

Comprehensive Case Evaluation: A disability lawyer assesses the strength of your case, identifying any potential weaknesses and advising on the best course of action to fortify it. This initial evaluation is crucial in determining the viability of your claim and strategizing accordingly.
Gathering and Presenting Evidence: One of the primary roles of a disability lawyer is to help gather and organize all necessary medical documentation and evidence. This includes obtaining detailed medical reports, vision tests, audiograms, and functional assessments that clearly demonstrate the severity and impact of your impairment. A lawyer ensures that all evidence is presented effectively to support your claim.
Understanding Legal Language and Requirements: Disability law involves complex terminology and stringent requirements. A disability lawyer is well-versed in this legal language and ensures that your application meets all necessary criteria. This includes correctly filling out forms, adhering to deadlines, and understanding the specific legal standards that apply to your claim.
Managing Communication with Insurers: Lawyers handle all communications with the insurance company, reducing the risk of miscommunication or misinterpretation of your condition. They negotiate on your behalf and ensure that your interests are represented accurately and forcefully.
Strategic Representation in Appeals: In cases where a claim is denied, a disability lawyer is essential for managing the appeals process. They provide expert guidance on why the claim was denied, gather additional evidence, and prepare a compelling case for appeal. Their strategic representation can significantly increase the chances of overturning a denial.

By understanding and performing these tasks, a disability lawyer ensures that your claim is handled with the utmost professionalism and care. Tim Louis, with his extensive experience and dedication, exemplifies the role of a disability lawyer, offering comprehensive support and advocacy to ensure that clients receive the benefits they deserve.

How Legal Support Can Improve Claim Success

Hiring a disability lawyer significantly improves the success rate of long-term disability claims.

Improve Disability Claim Success

Lawyers bring a strategic advantage by thoroughly understanding all legal aspects and ensuring all documentation meets stringent standards. They help present a compelling case, addressing any potential weaknesses proactively.

Handling Complex Cases

Disability claims can involve intricate details and challenging circumstances. Lawyers manage these complexities by gathering comprehensive evidence, preparing detailed reports, and effectively communicating with insurance companies. Their experience allows them to anticipate and counter common reasons for denial, thereby strengthening the claim.

Strategic Advantage During Appeals

In the event of a denial, having a lawyer provides a significant advantage during the appeals process. Legal support for disability claims is crucial as lawyers can identify why a claim was denied and gather additional evidence to build a stronger case. They navigate the appeals process with expertise, increasing the likelihood of overturning a denial.

Tim Louis exemplifies how legal support can improve disability claim success. With his extensive experience and client-focused approach, he ensures that each claim is meticulously prepared and robustly represented, significantly enhancing the chances of securing the benefits you deserve.

What to Expect When Hiring a Disability Lawyer

Initial Consultation: What to Prepare and Discuss

When you first meet with a disability lawyer, it’s important to come prepared. Bring all relevant medical documentation, including doctor’s notes, test results, and any correspondence with insurance companies. During this consultation, the lawyer will assess the strength of your case and discuss your legal options. This is the time to ask questions about the process, fees, and what you can expect moving forward.

Overview of the Claim Process with Legal Assistance

A disability lawyer will guide you through each step of the claim process. They will help you gather and organize necessary documentation, complete and submit the application, and ensure all legal requirements are met. The lawyer will also handle communications with the insurance company, reducing your stress and workload.

Ongoing Communication and Updates from Your Lawyer

Throughout the process, your lawyer will keep you informed about the status of your claim. They will provide regular updates and be available to answer any questions or address concerns. This ongoing communication ensures that you are always aware of where your claim stands and what the next steps are.

By hiring a disability lawyer like Tim Louis, you gain a dedicated advocate who works tirelessly to secure the benefits you deserve. Their expertise and commitment provide peace of mind and significantly improve your chances of a successful claim.

Testimonials from Clients Who Benefited from Hiring Tim Louis

Clients consistently praise Tim Louis for his dedication, expertise, and compassionate approach. Their stories highlight how Tim’s guidance and legal support helped them secure the disability benefits they deserved, even after facing initial claim denials.

These testimonials and case studies reflect Tim Louis’ commitment to his clients and his effectiveness in advocating for their rights. By choosing Tim Louis, you’re not just hiring a lawyer; you’re gaining a dedicated partner in your journey toward securing the benefits you need. Read the testimonials here.

The Legal Process: Step-by-Step Guide

Navigating the legal process of filing a disability claim can be complex and daunting. Here is a step-by-step guide to help you understand what to expect and how a disability lawyer can assist at each stage:

Step 1: Initial Assessment and Consultation

The first step in filing a disability claim is to have an initial consultation with a disability lawyer. During this meeting, you will discuss your situation, medical condition, and any existing documentation. The lawyer will assess the strength of your case and provide guidance on how to file a disability claim for vision loss or other impairments.

Step 2: Gathering Medical Documentation and Evidence

A crucial part of the disability claim process is compiling comprehensive medical documentation. This includes vision tests, audiograms, functional assessments, and detailed reports from healthcare providers. A lawyer ensures that all required documents are complete and clearly demonstrate the severity and impact of your impairment.

Step 3: Filing the Claim with Legal Oversight

Once all documentation is gathered, the lawyer will help you complete and submit your disability claim application. This involves ensuring that all forms are filled out correctly and that the claim meets all legal requirements. The lawyer’s oversight can prevent errors that might otherwise result in delays or denials.

Step 4: Managing Communication with Insurance Companies

Throughout the claims process, your lawyer will handle all communications with the insurance company. This includes responding to requests for additional information, negotiating on your behalf, and ensuring that your interests are represented accurately and forcefully.

Step 5: Handling Denials and Filing Appeals

If your disability claim is denied, a lawyer can provide essential support during the appeals process. They will review the denial reasons, gather additional evidence, and prepare a strong appeal to challenge the decision. Legal expertise significantly increases the chances of overturning a denial.

By following these steps and leveraging the expertise of a disability lawyer like Tim Louis, you can navigate the complexities of the disability claims process with confidence and improve your chances of securing the benefits you deserve.

Why Choose Tim Louis?

Tim Louis’ Background and Experience in Disability Law

Tim Louis is a highly experienced disability lawyer with a proven track record of successfully handling long-term disability claims. With decades of legal experience, Tim has developed a deep understanding of disability law and a strong commitment to advocating for his clients’ rights. His compassionate approach ensures that each client receives personalized attention and expert legal guidance tailored to their specific needs.

Unique Benefits of Working with Tim Louis & Company

Choosing Tim Louis & Company provides numerous benefits:

Expert Evaluation: Tim Louis assesses the strength of your case, identifying potential weaknesses and advising on necessary steps to fortify it.
Detailed Documentation: He helps gather and present all required medical evidence, ensuring it meets the insurer’s standards.
Strategic Communication: Tim manages all communications with the insurance company, mitigating the risk of miscommunication or misinterpretation of your condition.
Appeals Management: In the event of a denial, Tim expertly handles the appeals process, presenting additional evidence and arguments to overturn the decision.
Ongoing Support: He provides continuous support and advocacy, ensuring your rights are protected and you receive fair treatment throughout the process.

By working with Tim Louis, you benefit from his extensive knowledge, strategic approach, and unwavering dedication to securing the best possible outcome for your disability claim. Tim’s expertise and commitment provide the peace of mind and support needed to navigate the complexities of disability law successfully.

Common Challenges in Disability Claims and How a Lawyer Can Help

Filing for long-term disability claims can present numerous challenges. Here are some common obstacles and how a disability lawyer can help you overcome them:

Inadequate Evidence: How Lawyers Ensure Comprehensive Documentation

One of the primary reasons disability claims are denied is due to inadequate evidence. A disability lawyer plays a crucial role in gathering comprehensive medical documentation. They ensure that all necessary documents, such as medical reports, vision tests, audiograms, and functional assessments, are thorough and clearly demonstrate the severity of your impairment.

Navigating Pre-existing Conditions and Policy Limitations

Another common challenge is dealing with pre-existing conditions and policy limitations. Insurance policies often have complex clauses that can affect the eligibility of your claim. A skilled lawyer understands these intricacies and can help navigate through them, ensuring that your claim is accurately presented and meets all policy requirements.

Importance of Timely Filing and Understanding Deadlines

Timely filing is critical in the disability claims process. Each program has specific deadlines, and missing these can result in delays or outright denials. A disability lawyer ensures that all paperwork is filed correctly and on time, adhering to the strict deadlines required by insurance companies and government programs.

By addressing these challenges with the help of a disability lawyer like Tim Louis, you can significantly improve your chances of a successful claim. Tim’s expertise in understanding and navigating these obstacles ensures that your claim is robust, comprehensive, and timely, giving you the best opportunity to secure the benefits you deserve.

Frequently Asked Questions

1. What are the eligibility criteria for disability claims?

To qualify for disability benefits, your impairment must be severe, prolonged, and significantly limit your ability to perform essential job functions. Comprehensive medical documentation is required to support your claim.

2. How long does the disability claim process take?

The duration of the disability claim process can vary depending on the complexity of the case and the responsiveness of the insurance company. On average, it can take several months from the initial application to receive a decision. Having a lawyer can help expedite the process by ensuring all documentation is complete and deadlines are met.

3. What fees are associated with hiring a disability lawyer?

Fees for hiring a disability lawyer can vary. Typically, lawyers work on a contingency fee basis, meaning they only get paid if your claim is successful. This fee is usually a percentage of the benefits awarded. It’s important to discuss fee arrangements during the initial consultation to understand the costs involved.

4. What medical documentation is needed for a successful disability claim?

Required documentation includes vision tests, audiograms, functional assessments, and detailed reports from specialists. A lawyer ensures that all evidence is thorough and supports the severity of your impairment.

5. How can a lawyer help if my disability claim is denied?

A lawyer can review the denial reasons, gather additional evidence, and prepare a strong appeal. They provide strategic representation during the appeals process to increase the chances of overturning the denial.

6. How important is timely filing for a disability claim?

Timely filing is crucial as each program has specific deadlines, and missing these can result in delays or denials. A lawyer ensures all paperwork is filed correctly and on time.

7. Can I file a disability claim for vision or hearing loss?

Yes, vision and hearing loss can qualify for disability benefits if they significantly impact your ability to perform essential job functions. Comprehensive medical documentation is necessary to support your claim.

8. How does legal support improve the chances of a successful claim?

Legal support improves claim success by ensuring thorough documentation, accurate filing, strategic communication with insurers, and expert handling of appeals. Lawyers provide invaluable guidance and advocacy throughout the process.

9. What should I expect during the initial consultation with a disability lawyer?

During the initial consultation, you will discuss your medical condition, gather relevant documentation, and assess the strength of your case. The lawyer will provide guidance on the next steps and explain the legal process.

10. How do pre-existing conditions affect my disability claim?

Pre-existing conditions can complicate a disability claim, but they do not automatically disqualify you. A lawyer can help navigate these complexities and present a compelling case that addresses policy limitations and proves the impact of your condition.

These FAQs provide essential information and address common concerns, helping potential clients understand the disability claims process and the critical role of a disability lawyer in achieving a successful outcome.

Conclusion

Hiring a disability lawyer provides numerous benefits, including expert guidance, comprehensive documentation, strategic communication, and strong advocacy during the appeals process. These elements significantly enhance the likelihood of a successful claim. If you’re facing challenges with your disability claim, seeking professional legal assistance is a crucial step toward securing the benefits you deserve.

For personalized legal support, contact Tim Louis for a free consultation:

Phone: (604) 732-7678
Email: timlouis@timlouislaw.com
Website: Tim Louis & Company

Schedule your free consultation today and take the first step toward a successful disability claim.

For more information, explore these additional resources and related blog posts:

Chronic Fatigue Syndrome

Chronic Fatigue Syndrome and Long-Term Disability

by Tim Louis

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

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

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

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

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

Chronic Fatigue Syndrome – Denied Long-Term Disability Benefits?

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

Long-Term Disability Benefits for Chronic Fatigue Syndrome Denied?

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

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

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

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

Learn More about Chronic Fatigue Syndrome

What is Chronic Fatigue Syndrome?

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

Chronic fatigue syndrome and fibromyalgia in Canada

Long-Term Disability Claim

by Tim Louis

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

However, Insurance Companies Deny Long-Term Disability Claims

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

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

Long-term Disability Claim Denied

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

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

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

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

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

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

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

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

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

Has your Long-Term Disability Claim Been Denied?

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

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

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

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.

Fibromyalgia and Long-term Disability Claims

Fibromyalgia – Getting the Long-Term Disability Claim You Deserve

by Tim Louis

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

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

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

Fibromyalgia and Chronic Pain

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

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

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

Long-Term Disability Claims

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

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

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

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

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

Learn More

Fibromyalgia – Learn More
Symptoms of Fibromyalgia
Fibromyalgia Association of Canada

Client Reviews

Long-Term Disability 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

By Tim Louis

August 25, 2021

Injury Claims Insurance Claims Long-Term Disability Law Long-Term Disability Lawyer

Why You Should Hire a Long-Term Disability Lawyer

Why You Should Hire a Long-Term Disability Lawyer

Disability insurance is an affordable option to protect you financially if you have an accident at work and become injured or ill. If you cannot perform your job due to injury, you should receive a monthly benefit resulting from a psychological or disabling physical condition. Sadly, employees are often denied or cut off from receiving benefits before they are able to continue employment. Every insurance policy is unique and outlines conditions that must be met. Although these conditions are outlined, sometimes satisfying these conditions can be challenging.

An experienced Long-Term Disability lawyer can help.

If you have applied for long-term disability benefits and your claim has been wrongfully denied, we strongly advise that you hire an experienced Long-term disability lawyer.

Why You Should Hire a Lawyer for Long-Term Disability Benefits

Communicating with insurance companies can be challenging and stressful. Your lawyer will reduce your stress by handling all the details; so you can focus on your health and well-being.

Insurance companies commonly use wording in their policies that can be confusing and may lead to the possibility of damaging your case. A long-term disability lawyer will take charge and will ensure you avoid any pitfalls.

Some insurance companies hire Private Investigators to build a case against you by conducting surveillance; documenting your activities and capabilities. They may also edit this footage to discredit you. These are all ways insurance companies can prove to a judge that you are capable of more significant activities than your claim indicates. Your long-term disability lawyer has seen it all before and will guide you through the process and gather evidence to support your claim accurately.

Your lawyer will know the information required and the specific questions that need to be asked of your doctor — ensuring that all possible evidence is presented to support your appeal.

When You Should File a Claim

There are statutes of limitations in British Columbia, meaning that there are strict deadlines you must adhere to when you file a disability claim. An experienced lawyer in this area of expertise will ensure that your doctor(s) have provided an adequate amount of information or anything else required to support your appeal. You will want to contact your lawyer as soon as possible to ensure you do not miss any crucial deadlines during the process.

What You Should Do If Your Claim Has Been Denied

There are several reasons why an insurance company would deny disability benefits:

The medical condition does not fall under the definition of ‘disability.’

An inadequate amount of evidence to support the injury.

The claim was not filed on time.

We highly suggest that you contact your disability lawyer as soon as you find out that your claim has been denied. Even though your claim was denied, this does not necessarily mean your case is closed. A trusted disability lawyer will review your policy and ensure that all information required is submitted to help prove that your condition meets the definition of ‘disability’ according to your insurance policy.

Talk to a Long-Term Disability Lawyer for a No-Obligation, Free Consultation

You do not have to handle this alone. If your long-term disability claim has been denied, speak with Tim Louis & his compassionate, trusted team of experts by calling 604-732-7678 or email timlouis@timlouislaw.com for a free consultation, and we will provide you with the best possible options.

Client Reviews

By Tim Louis

March 11, 2021

Insurance Claims Long-Term Disability Law Long-Term Disability Lawyer

Addiction & Long-Term Disability: Are You Covered for Benefits?

Addiction & Long-Term Disability: Are You Covered for Benefits?

Addiction resulting from prescription medication, gambling, or other substances, can be mentally and physically debilitating. While some individuals can walk into a casino and gamble a few times a year, others can become chronically addicted. According to the Centre for Addiction and Mental health, 1 in 5 Canadians experience a mental illness or addiction problem in any given year.

Now More Widely Understood, Addiction is No Longer Considered a Choice

Unlike the United States, Canada views addiction as a disease. Human rights legislation protects individuals on the grounds of disability and includes those who suffer from drug and alcohol dependency.

If You Struggle With Addiction, You May Qualify for Long-Term Disability Benefits

Whether or not you qualify for long-term disability benefits from an insurance carrier depends on your employer’s group insurance policy. Specific requirements must be adhered to concerning rehabilitation and or treatment programs to qualify. It is important to distinguish between addiction regarding legal substances (alcohol, cannabis, prescribed medication) and illegal substances (cocaine, meth, heroin).

You can count on the team at Tim Louis Law to thoroughly review your private or group insurance policy to ensure that your rights are protected — providing you with peace of mind that in turn allows you to focus on treatment.

Insurance Companies Routinely Deny Claimants with Substance Abuse Issues

Insurers do not always make it easy to claim disability benefits since many companies do not consider addiction a disability. A qualified long-term disability lawyer can help. Your lawyer will challenge the insurer’s decision on your behalf, as many individuals do not realize that substance abuse is considered a disability in Canada.

Medical Evidence is Integral

Medical documentation as evidence is integral for any disability claim. The claimant must show that their addiction has inhibited their ability to function. The medical evidence must also meet private or group policy standards that dictate the criteria for eligibility.

Treatment Options

Addiction treatment is almost always long-term as relapse is common if undergoing short-term treatment.

Typical treatment options are as follows:

Detox

Counseling

Medication if required

Mental health evaluation

Treatment for any mental health conditions if necessary

Follow-up care for relapse prevention

Gambling as an Addiction

Just as serious of a condition as other more common addictions, compulsive gambling is on the rise in Canada and just as destructive. Gambling addiction leads to a range of personal and social harms such as depression, bankruptcy, anxiety, suicide, and abuse. Unfortunately, in Canada, compulsive gambling may not qualify as a disability.

Compliance Is Key

Compliance is key with regards to disability benefit eligibility. The individual seeking insurance benefits must proactively participate in treatment and/or rehabilitation programs to continue to receive compensation. Failure to do so will result in being disqualified or denied the claim.

Most policies have time limitations that can be difficult to interpret. If your application for disability benefits has been denied by an insurer, do not give up hope. We strongly encourage you to obtain legal advice from a trusted and experienced long term disability lawyer to discuss your dispute case to help navigate your way to a fair and equitable resolution of your claim.

Contact an Experienced & Empathetic Long-Term Disability Lawyer

If you are suffering from an addiction and are unsure if you qualify for long-term disability benefits through an insurer, our trusted and compassionate team at Tim Louis and Company will protect your rights so you can focus on treatment and recovery. Reach out to us by calling 604-732-7678 or email timlouis@timlouislaw.com for a free consultation, and we will provide you with the best possible options.

Source: https://www.camh.ca/en/Driving-Change/The-Crisis-is-Real/Mental-Health-Statistics

Client Reviews

By Tim Louis

February 12, 2021

Long-Term Disability Law

Long-Term Disability Coverage: How Long Will Benefits Last?

Long-Term Disability Coverage

Some insurance policies issue payments for a certain amount of years, while other policies may stop payments after up to a decade. The question, unfortunately, does not have a definitive answer, as every insurance policy is unique.

When you read over your employer’s group benefits package, or even if you purchase your own private insurance, ensure that you read through the policy carefully to ensure that you understand the long-term disability requirements. Understanding the requirements, application deadlines, waiting periods and duration of benefit payouts is important.

While every insurance policy handles long-term disabilitycoverage and benefits differently, there are certain aspects to these policies that are mandated by law – this depends on your ability to return to work before your injury and your ability to work, period. There are certain policies that will stop benefits indefinitely after 2 years if you are able to return to any full-time work (regardless if it pays the same as your pre-injury job), while some insurance policies will continue paying out benefits at a reduced rate if you end up securing a new position that pays less than your previous employer. If however, you are unable to return to work, long-term benefits could last for a number of years.

What is Long-Term Disability Coverage?

If you become disabled during employment, Long-term disability insurance coverage pays benefits. Under most LTD policies, in order to qualify for these benefits, you would need to prove that you are unable to continue working as a result of a medical condition. These medical conditions can include physical, psychological, cognitive, and emotional – or a combination of any of the above. If you qualify for LTD coverage, the payout for benefits ranges between 60%-70% of your pre-disability income. There are certain policies that cover less, but most policies will pay benefits for qualified individuals up to age 65.

When Does Long-Term Disability Start?

Long-term disability payments are never available immediately and considered a last resort after short-term disability options have been exhausted. Before you can be approved for LTD payments, you must go through short-term options first – even if following a serious, catastrophic injury. Short-term options may include sick leave and short-term disability benefits.

How Do I Know If I Have Long-Term Disability Coverage?

If you are fortunate enough to have an employer that has provided you with a group medical benefits package, it is likely that you have insurance for Long Term Disability (LTD) coverage, which may also grant you coverage if you have been laid off or terminated from your job. If you do not have group benefits through your employer, you have the option of purchasing a private LTD plan.

Meeting Important Deadlines

There are strict deadlines that go along with long-term disability claims, so it is important to carefully read through your policy to understand the time limits. Failure to submit a claim on time can result in your claim being denied.

What if My Long-Term Disability Claim is Denied?

If you submitted an LTD application and your claim is denied, you will not receive any payments and will be expected to return to work. Claims can be denied for numerous reasons, such as incomplete information, unclear or improper medical treatment or diagnosis etc. Keep in mind, diagnosing mental health can be complex, but insurers are very specific in their guideline requirements. If your claim is denied, you have the right to appeal the decision – an appeal process will commence, which is why it is important that you contact a trusted lawyer that specializes in such long-term disability cases.

How a Long-Term Disability Lawyer Can Help

When understanding the length of your LTD policy, it is important to understand the language and the integral details you should be aware of. At Tim Louis Law, we are experienced with the process of filing long term disability claims and look forward to discussing your unique situation with you. Contact us today for a free consultation by
calling (604) 732-7678 or email timlouis@timlouislaw.com

Source:
https://www.bclaws.ca/civix/document/id/loo69/loo69/13_409_97

By Tim Louis

October 30, 2020

Long-Term Disability Law Injury Claims Insurance Claims Vancouver Personal Injury Lawyer

Long-Term Disability Lawsuits: Know the Steps

Long-Term Disability Lawsuits: Know the Steps

A long-term disability lawsuit can be an intensive, lengthy process. The time it takes depends on the type of disability plan and can be a complex undertaking. The best option is to contact an experienced and knowledgeable long-term disability personal injury lawyer for trusted advice.

Which Disability Plan Do You Qualify For?

First, your lawyer must determine which disability plan you qualify for:

Short-term disability

Employer sick pay

Employer insurance sickness benefits

Canadian pension plan (CPP)

Long-term disability

Canadian pension plan

Professional Medical Support

Secondly, in order to begin the process, you must have medical evidence supporting your disability claim. Without support from a medical professional, a long-term disability lawsuit claim cannot move forward.

When You Apply for Disability

Ensure that you collect and accurately fill out all related paperwork and/or applications for disability coverage and submit them. If you have any questions, contact your trusted lawyer for clarification – it’s essential that applications for disability are filled out completely before submission, and of course, turned in by the deadline.

Right After You Apply for Disability

Once you have submitted your application for disability, it’s important to know that you may harm your benefits during the transmission period from an employee, to someone on sick leave. For instance, if your employer requests that you accept a severance package, or encourages you to resign from the company, do not agree under any circumstances. If you agree with any of the aforementioned, ruining your chances of receiving disability will be likely (resigning from the company revokes your ability to receive disability benefits).

Waiting for a Decision

In some cases, you may have to be patient when it comes to waiting for a decision to be made on your disability lawsuit. However, generally, it takes roughly 30 days after you have submitted your application. If you have waited longer than 30 days, ensure that you follow up with your lawyer.

When Do I File a Long-Term Lawsuit?

If your disability claim is denied or the amount you sued for is less than you require, your lawyer will assist and collect all of the required documentation to present as evidence for your long-term disability lawsuit. Additional medical examinations may be required to show that you have a disability and are unable to commence work – this filing is called a Statement of Claim.

The Discovery Process

During the discovery process, both parties meet and are interviewed under oath. Your lawyer will spend the time required to prepare you for the questions and explain the entire procedure. Your lawyer will also request all applicable documentation and a detailed explanation as to why their decision was met. Once all information has been reviewed, your lawyer will discuss your options as to whether negotiating a settlement is recommended or whether proceeding to trial is a risk worth pursuing.

Negotiation VS. Trial

Negotiation:

Usually negotiating a fair settlement is a logical alternative than moving forward to trial. If both parties are satisfied with the settlement compensation amount, there is obviously no reason to go to trial and the lawsuit will be dismissed. However, if the insurance company does not agree to a fair settlement, the case can go to trial where an actual judge makes the decision.

Trial:

Trials require substantial preparation and unfortunately may take 2 years or more for the case to even enter the courtroom. A trial, of course, can go two ways: the insurance company can agree to pay you back benefits — plus your current benefits, OR if the decision goes against you, you receive no benefits. Note that a judge may require you to pay part or all of the insurer’s legal fees – one reason why it’s better to reach a settlement over taking a risk by going to trial.

“Oftentimes it’s a relief just to turn the case over to a lawyer so it can be fought vigorously on their behalf…just knowing that someone is fighting the battle so they can concentrate on the quality of life issues can be a huge benefit.” – Tim Louis
http://timlouislaw.ca/bctimlouislaw/long-term-disability-attorney-vancouver-bc/

Tim Louis & Co has been representing those who suffer from long-term disability for over 2 decades. He has successfully sued some of the largest insurance companies in the world on behalf of deserving clients and has appealed the decisions of the Federal government in CPP disability claims on behalf of clients. Tim Louis and his compassionate, experienced team can give you the reliable and trusted advice you deserve. Contact 604-732-7678 or email timlouis@timlouislaw.com for a free consultation.

By Tim Louis

July 29, 2020

Car Accidents ICBC Insurance Claims

Hit and Run Crashes: What You Should Know

A hit and run can be one of the most frustrating experiences for a driver. Whether the driver who causes a collision fails to stop, or flees the scene of a crash without providing their information, a hit and run is a serious offence.

What is a Hit and Run?

A hit and run is when an unidentified driver flees the scene after damaging a vehicle/property, and/or injures a pedestrian. When filing a hit and run claim, a judge or jury decides whether or not you made “all reasonable efforts” to confirm the identity of the unknown driver and owner – that is if ICBC decides that you did not take these measures. If you are involved in a hit and run, below are some of the steps you should take to help ensure you meet the requirements:

(Note: you should seek legal advice immediately in the case of a hit and run accident).

Steps To Making a Hit and Run Claim

Contact the police immediately and identify the vehicle/driver if possible

Try your best to identify the other vehicle and if possible, the other driver. If you can, jot down the vehicle’s license plate number – this will assist authorities with the investigation. The more information you can collect the better such as the colour, make and model of the vehicle, and what direction the car was heading.

If you Have Been Injured, Seek Medical Attention Immediately

If you have been injured, seek a medical professional right away to get checked out.

Observe and Photograph the scene of the Crash

Look around the scene for any skid marks or any debris left behind from the vehicle that caused the crash. Take measurements of any skid marks on the pavement and take clear photographs of the crash location — as these details can be used as evidence. Only collect any evidence if police have not done so – or contact your lawyer to find out if an accident reconstruction engineer should be assigned.

Report the Claim to ICBC

You should report a claim to ICBC as soon as possible – even though you do have up to 6 months to claim a report. It’s important to note that you cannot report a claim online and must report via ICBC Dial-A-Claim

Speak to Businesses and Residents in the Area Surrounding the Crash

Speak with any residences or businesses that are close to the scene of the hit and run crash that may have witnessed the incident and in turn may be able to note the make and model or even the colour of the vehicle, which can assist the investigation.

Spread the Word to Locate Witnesses

Near the scene of the crash, put up notices clearly outlining the date and time of the incident, along with any other details that would be useful for potential witnesses. Also submit ads to online community classifieds, forums and newspapers and the best way for them to contact you.

Follow Up with Police

Follow up with police on a regular basis for the latest details on the investigation and take notes along the way.

How Much Am I Covered?

Residents in British Columbia are covered for up to $200,000 for any injuries, property damage or death resulting from a hit and run.

Non BC residents are also covered – however, depending on where they live limitations may vary.

What Do I have to Pay?

For hit and run damage to your vehicle or property, ICBC requires drivers pay a $750 deductible, or your ICBC collision deductible, whichever is less.

If you suffer from an injury resulting in a hit and run crash, there is no ICBC deductible and your insurance premium will not be affected.

Contact An Experienced, Trusted Personal Injury Lawyer

Tim Louis and his compassionate and talented legal team can give you the solid, trusted advice you need and can deal with ICBC on your behalf. If you or your loved one has been injured in a hit and run motor vehicle collision in Metro Vancouver and would like to consult with our legal team who will do everything they possibly can to get you the personal injury settlement you deserve, contact us today for a free consultation at 604-732-7678 or email timlouis@timlouislaw.com

sources:
https://www.icbc.com/claims/repair-replace/Pages/Hit-and-run.aspx

By Tim Louis

May 7, 2020