ASK A LAWYER: LTD ELIGIBILITY

I was recently diagnosed with cancer. Should I apply for my lump-sum critical illness benefit or my long-term disability benefits through work, and will one affect the other?

Review your group benefit booklet or, if your company provides that information online, check there to see what coverage you have. Critical illness coverage generally pays a lump sum if you have been diagnosed with a defined “critical illness”. Not all forms of cancer are covered, so check the fine print. If your illness prevents you from being able to work then you should claim for short-term and long-term disability benefits. The two types of coverage are not dependent on each other.

My manager refuses to provide me with an application form to apply for long-term disability benefits because he thinks I am fit to work. What are my rights?

You are entitled to receive the forms to submit an application and it is not up to your employer to determine whether you are disabled or not. Go above the person who is denying you these forms if you must to have every opportunity to submit the claim. An insurance company cannot approve or deny your claim if you have never submitted it.

What are residual disability benefits and who is eligible?

Residual Disability Benefits are a class of benefits that are most frequently seen in a private or individual disability policy.

This type of benefit will typically pay the proportionate amount of your monthly benefit based on the percentage of loss you have suffered from what you earned before you became disabled.

For instance, if you were earning a gross monthly income of $5,000 before your disability, and now while you continue to be partially disabled, you are able to earn $2,500 per month, you would receive 50% of the disability benefit, in most residual benefit clauses.

Community
Donation Program

The Share Lawyers Community Donation Program honours clients who refer friends or family to Share lawyers with the case accepted and client served.

For this issue a donation has been made to the Canadian Cancer Society in honour of:

  • G. Armstrong
  • L. Johnson
  • G. Modi
  • H. Rattan
  • H. Savage
  • G. Vitale
  • B. Biersteker
  • S. Johnson
  • M. O’Shea
  • M. Sadowski
  • J. Snapp
  • L. Wissel

This is one more way for Share Lawyers to thank those who refer friends or family. The opportunity to serve your friends and family is an honour. SP

The primary function of our lungs is to transport oxygen into our bloodstream and remove carbon dioxide out of our body. Once lungs are damaged,they cannot be repaired; however, it is possible to live with only one lung, albiet with restrictions. Take good care of your lungs by quitting smoking, eating well, exercising regularly and consulting with your doctor if you experience any pain or discomfort in your chest or if you have trouble breathing. SP