Do You Have a Disability Case?
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Limitation Periods Revisited – Western Life Assurance Company v. Penttila

Limitation Periods Revisited – Western Life Assurance Company v. Penttila

The Ontario Divisional Court revisited the vexing topic of disability benefits and the applicable limitation period in Western Life Assurance Company v. Penttila[i].  For claimants, the good news is that the principle of “discoverability” is alive and well, which means that the calculation of when the two year limitation period in Limitations Act starts to run depends on the circumstances of the particular case. Here is a brief chronology of the facts in the Western Life case: May 16, 2012 – LTD approved February 19, 2013 – Western advises the claimant that...
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Ask a Lawyer: Why Hire A Lawyer To Help With Your Claim? [VIDEO]

https://www.sharelawyers.com/blog/wp-content/uploads/2019/04/Chris-1.mp4 Having to take time off of work to recover from a disability or illness can be a source of great stress. Fighting a denied disability claim in the process is just painful. Often, it may seem like too much of an added expense, both financially and emotionally, to invest in a disability lawyer to help with your case. This is a misconception that can actively hurt your case in the long run, simultaneously hindering your recovery. So while it may feel unnecessary to hire a lawyer, we assure you it’s a...
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Ask a Lawyer: Returning To Work [VIDEO]

https://www.sharelawyers.com/blog/wp-content/uploads/2019/04/Alison-1.mp4 Returning to work after a serious injury or illness can seem daunting. Questions abound; how will you know when you’re physically and mentally ready to return? Should you push yourself to go back to work earlier than your doctor recommends? Is your job at risk if you stay away for too long? Here we weigh in on the process of returning to work, including the pitfalls of returning too soon, listening to the doctor’s orders, and how a little effort can go a long way. When we think about the process of...
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Defining Disability: Hearing & Vision Loss

Defining Disability: Hearing & Vision Loss

Defining what falls under the category of disability, especially when dealing with insurance companies, is often tricky. At Share Lawyers, we have managed thousands of cases involving the clarification of what legally can be defined as a disability. Within these, hearing and vision loss pose their own unique set of challenges. Recent statistics show that over one million Canadians suffer from hearing loss. The definition of hearing loss ranges from minor problems to complete deafness. While there are numerous reasons it can occur, the major causes are age-related issues...
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Denied Benefits for Fibromyalgia Pain

Denied Benefits for Fibromyalgia Pain

At 36, Jane felt older than her age. As she entered her late 30s, she knew that taking care of her body would become an increasingly vital priority in her life. Like many of her friends, she put an emphasis on eating healthy, being active, and ensuring that she got the right amount of vitamins and nutrients. However, even though she had a generally healthy lifestyle, something felt off. While her friends complained of occasional back pain and less energy than they had in their 20s, her issues seemed more severe. She began to suffer from constant fatigue, problems with her...
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My Doctor Won’t Fill Out My Forms! What Should I Do?

My Doctor Won’t Fill Out My Forms! What Should I Do?

Filing a disability claim is seldom easy or straightforward. Most insurance companies will go to great lengths to argue that you are healthy enough to work. With that in mind, a detailed report from a medical expert is often an essential component of a successful claim. It lets the insurance company know that your symptoms are backed by objective medical evidence and makes your claim much more difficult to ignore. That’s why it can be so frustrating when your doctor won’t fill out your paperwork. Those supporting documents are often the only thing separating a rejected...