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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When a Claim is Unclear, a Denial is Even More Likely

When a Claim is Unclear, a Denial is Even More Likely

We first met Walter when he was 37 years old. After a year of struggling with his mental health, he was looking for support for himself and his family. He was grateful to have found us, and we were lucky to be a part of his journey. As a truck driver, it was important for Walter to be fully engaged while driving. He was dealing with potentially dangerous situations on a daily basis, and there was little room for error. He had always been confident and focused at his job, but had recently begun to experience bouts of acute anxiety. Tasks that had seemed straightforward to...
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How Long Does a Long Term Disability Case Take?

How Long Does a Long Term Disability Case Take?

One of the most frequently asked questions we get from clients, is how long will my disability insurance case take?   Most people who contact us have been without financial support their disability benefits were supposed to offer for some time, and they are facing a mounting number of bills and uncertainty regarding their finances. So, obviously, how long it takes is very important to people whose benefits have been denied or cut-off. It should come as no surprise that the insurance company is in no particular rush to get these cases settled.  They undoubtedly hope that...
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Share Lawyers are in Your Corner

Share Lawyers are in Your Corner

Here at Share Lawyers, we take pride in getting people the help they need and deserve. Simeon was denied long-term disability benefits while unable to work due to immobilizing arthritis. His condition made simple tasks nearly impossible. Simeon called us after seeing reviews online from other clients who we have had the privilege to help. While working with us, he felt secure, and was much more comfortable navigating his steps forward. We kept him updated every step of the way. “Share Lawyers are a dedicated, friendly and a professional group of people. Their commitment...
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Postpartum Depression – Is This a Disability?

Postpartum Depression – Is This a Disability?

When we think of a debilitating condition, we often think of something physical. As a result, mental illnesses often go unattended, ignored, maligned, and sometimes even brushed aside. But according to CAMH – the Center for Addiction and Mental Health – in a given year, 1 in 5 Canadians will experience some form of mental illness. By the time they reach the age of 40, it’s estimated that 1 in 2 Canadians have, or have had, a mental illness. Those numbers are staggering, and cannot be ignored. Postpartum depression is no exception, and, according to the...
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Ask A Lawyer: Disability Benefits and Heart Disease

Ask A Lawyer: Disability Benefits and Heart Disease

If your disability claim has been denied but you are unable to work, you probably have a lot of questions about why this happened, what the intricacies of your policy are, and what to do next. Here are some answers to questions specifically related to heart disease and insurance claims. Have a question of your own? Check out our Ask a Lawyer page.   Q: I had a massive heart attack. I am still in rehab and have a long way to go in my recovery before I can return to work. Why did my insurance company deny my valid claim for disability benefits? A: As the frequency and...