LTD - Pre-Existing Exclusion - Excessive Period of Exclusion

By Share Lawyers on October 18, 2011 3:06 PM | No Comments | No TrackBacks

By David Share L.L.B.

President, Share Lawyers, Lawyers

If your disability claim has been denied because the insurance company says that they don't cover pre-existing conditions, you may still be able to do something about it.

Most Group Long Term Disability Policies have a pre-existing exclusion that will disqualify entitlement for individuals who submit a disability claim for a condition that arose in the period prior to them being covered under their employer's group benefit plan.     Historically, the pre-existing exclusion period has been for the 1st year after coverage commences, and it appears that the maximum pre-existing exclusion period should be 2 years, as set out in s.311 of Ontario's Insurance Act.  Our office was recently involved in a case where the pre-existing exclusion was 60 months, or 5 years.     The case was recently settled, and the issue of the pre-existing exclusion was largely ignored on the facts of this particular case. 

So, if your LTD claim has been denied, based on a pre-existing exclusion that exceeds 2 years, you should definitely consult with a disability insurance lawyer, to examine whether the denial of your claim was lawful.

To find out how, contact Share Lawyers.  We're Focused on Disability Insurance Litigation.

Our lawyers will fight for your disability insurance claim with aggressive legal maneuvering and strategic planning. If you have a long term or partial disability claim, and have been denied benefits, find out what Share Lawyers can do for you.

Alternative treatments for depression

By Share Lawyers on June 27, 2011 2:27 PM | No Comments | No TrackBacks

If you've considered alternative treatments such as herbal remedies, vitamins or supplements for your depression, you are not alone. Many people with depression have considered them, and they are widely available over the counter.

The jury is still out on how well these remedies work. While some vitamins and herbal supplements may be promising alternative treatments for depression, research is still ongoing. Their efficacy has not been scientifically proven. If your depression symptoms are in part due to some sort of nutritional deficiency, you may benefit from additional vitamin supplementation, but this should be on the advice of your healthcare professional.

If you decide to try natural and herbal supplements, remember that they can have side effects and drug or food interactions. For example, St. John's Wort--a promising herb used for treatment for mild to moderate depression--can interfere with prescription drugs such as blood thinners, birth control pills and prescription antidepressants. Make sure your doctor or therapist knows what you are taking. 

·         Relaxation techniques. Although research is still ongoing, relaxation techniques may not only help relieve symptoms of depression, but also reduce stress and boost feelings of joy and well-being. Try yoga, deep breathing, progressive muscle relaxation, or meditation.

·         Acupuncture. Acupuncture, the technique of using fine needles on specific points on the body for therapeutic purposes, is increasingly being investigated as a treatment for depression, with some research studies showing promising results. If you decide to try acupuncture, make sure that you find a licensed qualified professional.

The contents of this site are for informational purposes only and are meant to be discussed with your physician or other qualified health care professional before being acted on. Never disregard any advice given to you by your doctor or other qualified health care professional. Always seek the advice of a physician or other licensed health care professional regarding any questions you have about your medical condition(s) and treatment(s). This site is not a substitute for medical advice.

www.depressionhurts.ca

http://www.helpguide.org/mental/treatment_strategies_depression.htm

www.webmd.com

 

 

Depression and Medication

By Share Lawyers on June 27, 2011 2:14 PM | No Comments | No TrackBacks

The first step to recovering from depression is not only recognizing the symptoms, but talking to a doctor. Talking with your doctor or healthcare provider about how you're feeling can help them make a proper diagnosis of depression. When you are depressed, you might feel all alone or that it will never get better.  But don't lose hope-even the most severe depression is treatable.  With the right help and support you WILL feel better. In addition to therapy and lifestyle changes your doctor may recommend medication.

Many researchers share the view that depression is caused by an imbalance of naturally occurring chemicals, known as neurotransmitters found throughout the brain and the body. Neurotransmitters help transport messages between nerve cells. Serotonin and norepinephrine and dopamine are examples of these neurotransmitters.  In the brain, serotonin and norepinephrine are thought to be associated with mood as well as regulating and reducing feelings of pain that come from the body. Dopamine is thought to be associated with appetite, loss of pleasure and energy or drive.

There are several types of depression medications used to treat depression and conditions that have depression as a component of the disease, such as bipolar disorder. These drugs improve symptoms of depression by increasing the availability of certain brain chemicals called neurotransmitters. It is believed that these brain chemicals can help improve emotions.

·         Tricyclic antidepressants (TCAs) are some of the first antidepressants used to treat depression. They primarily affect the levels of two chemical messengers (neurotransmitters), norepinephrine and serotonin, in the brain. Although these drugs are effective in treating depression, they have more side effects, so they usually aren't the first drugs used.

·         Monoamine oxidase inhibitors (MAOIs) are another early form of antidepressant. These drugs are most effective in people with depression who do not respond to other treatments. They are also effective for other mental illnesses. Substances in certain foods, like cheese, beverages like wine, and medications can interact with an MAOI, so these people taking this medication must adhere to strict dietary restrictions. For this reason these antidepressants also aren't usually the first drugs used.

·         Selective serotonin reuptake inhibitors (SSRIs) are a newer form of antidepressant. These drugs work by altering the amount of a chemical in the brain called serotonin.

·         Serotonin and norepinephrine reuptake inhibitors (SNRIs) are another newer form of antidepressant medicine. They treat depression by increasing availability of the brain chemicals serotonin and norepinephrine.

Depression medication may be the most advertised treatment for depression, but that doesn't mean it is the most effective. Depression is not just about a chemical imbalance in the brain. Medication may help relieve some of the symptoms of moderate and severe depression, but it doesn't cure the underlying problem, and it's usually not a long-term solution.  Antidepressant medications also come with side effects and safety concerns, and withdrawal can be very difficult. If you're considering whether antidepressant medication is right for you, learning all the facts can help you make an informed and personal decision about how best to treat your depression.

If you are taking medication for depression, don't ignore other treatments. Lifestyle changes and therapy not only help speed recovery from depression, but provide skills to help prevent a recurrence. 

The contents of this site are for informational purposes only and are meant to be discussed with your physician or other qualified health care professional before being acted on. Never disregard any advice given to you by your doctor or other qualified health care professional. Always seek the advice of a physician or other licensed health care professional regarding any questions you have about your medical condition(s) and treatment(s). This site is not a substitute for medical advice.

www.depressionhurts.ca

http://www.helpguide.org/mental/treatment_strategies_depression.htm

www.webmd.com

 

www.depressionhurts.ca

http://www.helpguide.org/mental/treatment_strategies_depression.htm

www.webmd.com

 

Depression and Exercise

By Share Lawyers on May 20, 2011 2:58 PM | No Comments | No TrackBacks

When you suffer from depression or anxiety, exercise can seem like the last thing you want to do. But once you get motivated, exercise can make a big difference.  Research on anxiety, depression and exercise shows that the psychological and physical benefits of exercise can also help reduce anxiety and improve mood.  Depression is so common most of us have either experienced it or know more than one person who has. Medication and therapy are common treatments, but exercise is another tool that can bring relief. Study after study has shown that exercise can fight mild to moderate depression because it:

·         Increases your sense of mastery, which helps if you don't feel in control of  your life

·         Increases your energy

·         Increases self-esteem and confidence

·         Provides a distraction from your worries

·         Improves your health and body, which can help lift your mood

·         Helps you get rid of built-up stress and frustration

·         Helps you sleep better, which can often be a problem when you're depressed

·         Provides some social interaction

·         Releases feel-good brain chemicals that may ease depression

Doing 30 minutes or more of exercise a day, for three to five days a week can significantly improve depression symptoms. But smaller amounts of activity -- as little as 10 to 15 minutes at a time -- can make a difference.

·         Set simple goals. It doesn't take much exercise to lift your mood.  Set a goal to walk around the block. Promise yourself you'll walk around the block at least 3 times that day. The next day, do more. Try to improve just a little bit each day.

·         Go easy on yourself. You might not be able to handle a lot of exercise, so feel good about what you can do

·         Do what you usually enjoy. When you're depressed, it's hard to enjoy anything, but think about what you normally like when you're not depressed. If yoga feels good to you, spend a few minutes going through a few simple poses. If you like fresh air, go for a walk or a bike ride. You may not enjoy it in the moment, but even a small change in your mood can make a difference.

·         Make it social. Try to find a friend to walk with. Talking to people can help raise your energy and remind you that you're not alone.

·         Go outside. Even a little sunshine can help boost your mood and remind you that there's a world out there. You can participate in it as much as you can handle.

·         Work with your doctor. Be sure to talk to your doctor about your treatment options and your plans to exercise. He or she may be able to refer you to someone who can help you set up an exercise program.

Whatever you do, remember that you're not alone and that there is hope. Exercise is just one more tool to help with your moods and the sense of accomplishment can add a new dimension to your day--something you can be proud of and feel good about.

HERE ARE SOME FUN AND CREATIVE WAYS TO ADD EXERCISE INTO YOUR DAILY LIFE-

·         Walk your dog

·         Park a little farther away from your destination

·         Bike or walk to work

·         Walk around the mall

·         Take your kids or friends on a hike/treasure hunt

·         Hike/jog to a picnic site with some friends

·         Play tag

·         Don't take the elevator-take the stairs

·         Put on some music and dance

·         Clean your house

·         Wash your car

·         Garden

·         Run or walk around your neighbourhood and meet some friends

·         Rollerblade

·         Swim (your local pool likely has some public swim times)

·         Lift weights

·         Play sports like soccer, basketball, hockey etc

·         Yoga or Pilates

·         Stretch

For more information on fighting your insurance company  click here

The contents of this site are for informational purposes only and are meant to be discussed with your physician or other qualified health care professional before being acted on. Never disregard any advice given to you by your doctor or other qualified health care professional. Always seek the advice of a physician or other licensed health care professional regarding any questions you have about your medical condition(s) and treatment(s). This site is not a substitute for medical advice.

http://exercise.about.com/cs/exercisehealth/a/depression.htm

http://www.mayoclinic.com/health/depression-and-exercise

 

 

 

 

 

 

Depression and Nutrition

By Share Lawyers on March 30, 2011 10:56 AM | No Comments | No TrackBacks

Depression is a troublesome and sometimes incapacitating condition that affects more than one million Canadians per year. People suffering from a depressive episode will often display a variety of symptoms, some of which are listed below;

  • feeling worthless, helpless or hopeless,
  • sleeping more or less than usual,
  • eating more or less than usual,
  • having difficulty concentrating or making decisions,
  • loss of interest in previously enjoyed activities,
  • decreased sex drive,
  • avoiding other people,
  • overwhelming feelings of sadness or grief,
  • feeling unreasonably guilty,
  • loss of energy, feeling very tired,
  • thoughts of death or suicide

Nutrition can play a key role, both in the onset, severity, and duration of depression, including daily mood swings. Many of the eating habits that precede depression are the same as those which occur during depression. These patterns may include skipping meals, poor appetite, and a desire for sweets.

In order to help avoid, or mitigate the effects of depression, consider eliminating or moderating your intake of sugar and sugary foods, and caffeine. Get into the habit of eating at least three times a day, including breakfast, replace sweets with fruit and whole grain carbohydrates, eat lean sources of protein several times a day, and drink plenty of water. Focus on a well-balanced diet, including plenty of leafy greens for folic acid, and bananas, avocado, chicken, greens, and whole grains for Vitamin B6. In addition, increase your Omega 3 Fats (salmon, mackerel, and herring). Balancing your blood sugar is very important because there is a direct link between mood and blood sugar balance.  Eating lots of sugar is going to give you sudden peaks and troughs in the amount of glucose in your blood; symptoms that this is going on include fatigue, irritability, dizziness, insomnia, excessive sweating (especially at night), poor concentration and forgetfulness, excessive thirst, depression and crying spells, digestive disturbances and blurred vision. Since the brain depends on an even supply of glucose it is no surprise to find that sugar has been implicated in aggressive behaviour, anxiety,     and depression,  and fatigue, .

Lots of refined sugar and refined carbohydrates (meaning white bread, pasta, rice and most processed foods,) is also linked with depression because these foods not only supply very little in the way of nutrients but they also use up the mood enhancing B vitamins.  If you're concerned about getting enough of some of the key nutrients, consult your physician or dietician before supplementing.

Omega-3 fatty acids have innumerable health benefits. Research reveals that a deficit of omega-3 fatty acids is associated with depression. Researchers determined that societies that eat a small amount of omega-3 fatty acids have a higher prevalence of major depressive disorder than societies with ample intake.

The bottom line is that food plays a key role in maintaining mental health.  Here are some helpful hints if you or someone you love is suffering from depression:

EAT MORE:

ELIMINATE OR EAT LESS:

Fruits

Sugar and sugary foods

Vegetables (especially colourful vegetables like dark leafy greens, sweet potatoes, carrots, peppers etc

White bread, rice and pasta

Water

Cookies and pastries

Whole grains (ie:quinoa)

Processed foods

Poultry

Caffeine

Fatty fish (salmon, mackerel, tuna, herring...

Alcohol

Lean beef

Juice and pop

Nuts and seeds

 

Low fat cheeses and dairy products

 

Disability Claim Denied?

For more information on fighting your insurance company  click here

The contents of this site are for informational purposes only and are meant to be discussed with your physician or other qualified health care professional before being acted on. Never disregard any advice given to you by your doctor or other qualified health care professional. Always seek the advice of a physician or other licensed health care professional regarding any questions you have about your medical condition(s) and treatment(s). This site is not a substitute for medical advice.

References:

http://www.webmd.com/depression/guide/diet-recovery

http://www.bellybytes.com/articles/depression.shtml

http://www.healingwell.com/library/depression/beardsley1.asp

http://www.foodforthebrain.org/content.asp?id_Content=1635

http://www.depressioncanada.com/

http://www.cmha.ca/bins/content_page.asp?cid=3-86-87

 

 

 

SALARY INFORMATION FOR LONG TERM DISABILITY CLAIMS

By Share Lawyers on February 3, 2011 12:44 PM | No Comments | No TrackBacks

By Steven Muller LL.B, J.D, LL.M.,

Vice-President, Share Lawyers, Lawyers

 

Most short term and long term disability policies pay a percentage of salary as the benefit. Having the correct salary information can make the difference of thousands of dollars. Typically, the salary information comes from the employer. Salary as defined in most disability policies are base salary and not overtime, bonuses or commissions. The employer reports salary on a periodic basis and premiums are adjusted accordingly.

It is important to ensure that your employer is reporting the correct salary to the insurance company. Premiums that are taken off of your salary do not always reflect your current salary level. At the time of a claim for long term disability benefits, the insurer will be looking at the salary as reported by the employer on the date of disability. If the reported salary and premiums that are taken off are lower then actual salary the insurance company will try to use the lower amount. So before making a claim make sure your current salary is being properly reported to the long term disability insurance company.

Insurance Company Says You Can Do Sedentary Work

By Share Lawyers on November 25, 2010 3:33 PM | 2 Comments | No TrackBacks

By David Share L.L.B.

President, Share Lawyers, Lawyers

Many LTD claims are denied or cut-off on the basis that "sedentary work" can be peformed.    Sedentary work is generally defined as follows: exerting (lifting or pushing/pulling) up to 10 pounds of force occasionally (Occasionally: activity or condition exists up to 1/3 of the time) and/or a negligible amount of force frequently (Frequently: activity or condition exists from 1/3 to 2/3 of the time) or lift, carry, push, pull, or otherwise move objects, including the human body. Sedentary work involves sitting most of the time, but may involve walking or standing for brief periods of time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met.

The reference to sedentary work is frequently an oversimplification of the restrictions and limitations people on LTD claims have.    The focus solely on sitting and standing and/or lifting fails to take into consideration the ability to concentrate and focus on the tasks at hand.  Many of the denied LTD claims are for people suffering with "invisible" disabilities where mental health and physical health often collide.

If you have been denied or cut-off because you have been told you can perform sedentary work, you should consult with experienced disability lawyers who can review your circumstances to determine whether you have a viable case to pursue.

LTD Claim Denied Because You Have "Transferrable Skills"

By Share Lawyers on November 25, 2010 12:17 PM | No Comments | No TrackBacks

By David Share L.L.B.

President, Share Lawyers, Lawyers

Further to our recent blog on "own occupation" and "any occupation" clauses in LTD policies, insurance companies often cite transferrable skills as a reason they have decided they no longer have to pay LTD benefits.

Let's say you have been receiving LTD benefits for a period of time and the insurance company appears to accept that you no longer can do the type of work you used to do.   For instance, you used to do work installing computer networks and systems, which required knowledge of computer networks, but also involved certain physical tasks.     Due to your illness/injury you can no longer handle that type of work, but the insurance company has determined that you could probably handle "sedentary" work.     With, or without the assistance of a vocational assessment, they look at your education and prior experience and decide that you can probably perform a number of alternative jobs that would pay you enough to eliminate any ongoing LTD claim.

Some of the favoured "sedentary" jobs that are noted are, customer service representative, call centre operator, parking lot attendant.....and so on.

Does this mean your claim is over?   No.  Your particular situation should be reviewed by experienced disability lawyers who can challenge the insurance companies decision to cut you off.

Has Your Disability Claim Reached the "Change of Definition"?

By Share Lawyers on November 24, 2010 4:54 PM | No Comments | No TrackBacks

By David Share L.L.B.

President, Share Lawyers, Lawyers

Under most group Long Term Disability policies disability payments are made during the initial assessment period if you are unable to perform the essential duties of your "own occupation".    Most often this period is for 24 months (although it differs from one policy to the next).    If you have been receiving LTD benefits and are approaching the end of the Own Occupation period, you may face a termination of your benefits based on the change of definition in what constitutes total disability after the own occupation period expires.

The change of definition is usually referred to as a transition from an "own occupation" definition, to an "any occupation" definition.  Typically this means that in order to qualify for LTD benefits in the any occupation period, you must be totally or substantially disabled from the duties of any occupation for which you have the requisite education, skills or experience.     There are variations on the wording, but this summarizes the typical "Change of Definition".

You may think that it is impossible, or extremely difficult to persuade your insurance company that you qualify for LTD benefits after this change of definition, but you should not give up hope.   With supportive medical evidence, you may have a strong case to fight against the termination of your LTD benefits based on the "Change of Definition".

To find out how, contact Share Lawyers.  We're Focused on Disability Insurance Litigation.

Our lawyers will fight for your disability insurance claim with aggressive legal maneuvering and strategic planning. If you have a long term or partial disability claim, and have been denied benefits, find out what Share Lawyers can do for you.

What does "Own Occupation" or "Any Occupation" mean in my LTD policy?

By Share Lawyers on November 24, 2010 4:52 PM | No Comments | No TrackBacks

By David Share L.L.B.

President, Share Lawyers, Lawyers

Under most group Long Term Disability policies disability payments are made during the initial assessment period if you are unable to perform the essential duties of your "own occupation".    Most often this period is for 24 months (although it differs from one policy to the next).    If you have been receiving LTD benefits and are approaching the end of the Own Occupation period, you may face a termination of your benefits based on the change of definition in what constitutes total disability after the own occupation period expires.

The change of definition is usually referred to as a transition from an "own occupation" definition, to an "any occupation" definition.  Typically this means that in order to qualify for LTD benefits in the any occupation period, you must be totally or substantially disabled from the duties of any occupation for which you have the requisite education, skills or experience.     There are variations on the wording, but this summarizes the typical "Change of Definition".

You may think that it is impossible, or extremely difficult to persuade your insurance company that you qualify for LTD benefits after this change of definition, but you should not give up hope.   With supportive medical evidence, you may have a strong case to fight against the termination of your LTD benefits based on the "Change of Definition".

To find out how, contact Share Lawyers.  We're Focused on Disability Insurance Litigation.

Our lawyers will fight for your disability insurance claim with aggressive legal maneuvering and strategic planning. If you have a long term or partial disability claim, and have been denied benefits, find out what Share Lawyers can do for you.

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