Do You Have a Disability Case?
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Claim Denied, Benefits Cut Off – Insurance Company Says You Can Do Se...

LTD Claim Denied Since Sedentary Work Can Be Performed Many LTD claims are denied or cut-off on the basis that “sedentary work” can be performed.¬†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...
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LTD Claim Denied Because You Have “Transferrable Skills”

LTD Claim Denied Because You Have “Transferrable Skills”

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 claim benefits. Transferrable Skills & LTD Claim 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...
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What does “Own Occupation” or “Any Occupation” mean in my LTD policy? Why Have My Benefits Been Cut Off at the Change of Definition Point?

What does “Own Occupation” or “Any Occupation” mean...

Own Occupation For LTD Benefits 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. Change Of...
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Your Disability Claim File Has Been Closed —- Really?!!

Your Disability Claim File Has Been Closed —- Really?!!

Disability Claim File Closed? With some degree of frequency, we see people getting a letter from their disability insurance company saying things like “…as you are no longer disabled, your file has been closed.”, or “…as we have denied your claim for disability benefits, your disability claim file has now been closed.” Don’t make the mistake of simply accepting this statement without seeking advice on whether that can really be true. Truth About Disability Claim File Closed The truth about such a statement is that the insurance...
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Smirking in the Courtroom: Lessons for Civil Litigation

Smirking in the Courtroom: Lessons for Civil Litigation

The recent mistrial in the Mendieta murder trial in Toronto has some lessons for people involved in civil litigation as well. In the Mendieta case, a mistrial was declared because a Crown lawyer who had handled the previous murder trial, where a verdict could not be reached, was present in the courtroom during the cross-examination of Ms. Mendieta, all the while allegedly making faces – smirking – that the jury, not to mention the witness, found distracting. There is no doubt that such conduct cannot be tolerated and the resulting mistrial is at great expense...