Relief from Forfeiture & Long-Term Disability Claims

Posted on by Brian Jacobson Posted in Long-Term DisabilityTagged ,

Relief from forfeiture is an equitable legal remedy that can help insureds when they lose their insurance benefits and/or coverage due to imperfect adherence to the terms of their policy.

What is Forfeiture?

While the concept of “relief from forfeiture” is a common phrase in the area of insurance law, very rarely do people ask what forfeiture itself is and in order to understand the concept of relief from forfeiture, you first need to understand that concept.

Generally speaking, the word “forfeiture” refers to the loss of something as a penalty for doing something wrong or failing to do something you should have done. In the insurance context, forfeiture occurs when an insurance company denies a claim based on specific policy provisions which were not met by the insured. In denied long-term disability claims, this often involves situations where the insured fails to comply with policy requirements … Continue reading

Long-Term Disability Denial Claims for Teachers

Posted on by David Goldberg Posted in Insurance Denials, Long-Term Disability, Long-Term DisabilityTagged , ,

In British Columbia, long-term disability claims are typically governed by the Insurance Act and the specific terms of insurance policies. Teachers often have coverage through their employer’s group insurance plan which outlines the eligibility criteria, the definition of disability, and the process for making a claim. The definition of “disability” can vary significantly between policies and often an insurance plan will require that the individual be unable to perform their own occupation for the first two years of disability and thereafter that they be unable to perform any occupation in order to qualify as “disabled” under the policy.

Common Injuries & Conditions Leading to Teacher Disability

Performing your job as a teacher can have different requirements depending on the age of your students and the subject matter(s) you teach.

As with anyone working a job, teachers can be subject to the same illnesses and conditions that can lead to disability … Continue reading

Can You File Your Long-Term Disability Claim Late?

Posted on by David Goldberg Posted in Long-Term Disability, Insurance DenialsTagged , ,

At the end of the day, your relationship with your insurance company is based on contractual obligations. If you become disabled pursuant to the definition of your insurance policy, your insurance company is required to pay out long-term disability benefits.  However, this obligation cuts both ways and your insurance policy most likely has strict timelines in which you need to file your application for long-term disability benefits. While these timelines can differ depending on the insurer and the terms of the policy, failure to file your claim for long-term disability benefits on time can result in a denial of what would otherwise be a legitimate claim.

Unfortunately, not every application for long-term disability is made on time, for a variety of reasons. This leads to the question of whether you can file your long-term disability later than the time period for furnishing proof of a disability that is specified in … Continue reading

The Financial Implications of a Disability Denial

Posted on by Brian Jacobson Posted in Long-Term Disability, Long-Term DisabilityTagged ,

No one ever wants to have to deal with a disability, but the reality is that sometimes, from injury or illness, disabilities do occur. When a disability does materialize, the hope is always to just have it be a transient issue necessitating the use of short-term disability benefits, but if your injury or illness does not resolve, you may have to move from seeking short-term disability benefits to long-term disability benefits.

The purpose of disability benefits is to help you financially at a time when you are medically unable to work. However, many rightful claims for disability benefits are denied by insurance companies. While a lawyer can help you fight against your insurance company for the disability benefits you are entitled to, the legal process usually takes quite some time. This can leave people who are suffering from a disability with the question of how to deal with the financial … Continue reading

Long-Term Disability Denial Claims for Nurses

Posted on by Ben Tarnow Posted in Insurance Denials, Long-Term DisabilityTagged ,

Nursing is one of the most demanding professions, both physically and emotionally. Nurses often face long hours in high-stress environments, and a physical toll of caring for patients. In British Columbia nurses have long lacked the support they deserve, especially since the Covid-19 pandemic, and it has been taking a toll on the profession as a whole. While steps are being taken to address the difficult working conditions nurses in BC are subject to a new nurse-to-patient ratio for many hospital settings.

The reality is that nursing is a difficult job that can result in the need for nurses, despite their dedication, to access their long-term disability benefits for a variety of reasons. Unfortunately, claims for long-term disability benefits are frequently denied, leaving nurses in precarious financial situations. Understanding the reasons for these denials and how to navigate the appeals process is crucial for nurses seeking the support they … Continue reading