Monthly Archives: June 2012

Long-Term Disability Insurance Appeal

If the insurance company has denied your long-term disability claim (or cut off your benefits) they will usually offer the possibility of an internal appeal. That basically means that they will look at your application again, run it through their system, and get back to you within their time limit (usually between 30 and 90 days). It's likely that some people have been successful in getting their claim reconsidered in this way but in our experience that is usually not the case. If the claim was denied the first time around and you re-submit the same information, you will probably [...]

Disability Insurance – Bad Faith

A Disability Insurance policy is a contractual relationship between you and your insurance company. Like all contracts, it is governed by certain laws and regulations. Bad Faith It's probably safe to assume that your insurance company has a lot more money (and more lawyers) at its disposal than you do. This means the "relationship" mentioned above is not an equal one. Because the insurance company has more resources than the people it insures, it is required to act in "good faith". That basically means that it needs to act fairly towards you rather than act exclusively in its own best [...]

Suing for Disability Benefits in a Union

Long-term disability insurance is optional coverage, and many people who have it receive it as part of employment benefits. While this is often a convenient and affordable way to get LTD insurance, it can limit your options if your claim is denied or your benefits are terminated. People who are not part of a union can almost always sue the insurance company if their claim is denied or their benefits are terminated, but with some group benefit plans that option is not possible. If your union plan prohibits lawsuits you must go through the union's appeal or arbitration process to [...]

Disability Benefits Denied or Terminated

Many people who have had their long-term disability benefits denied or terminated decide to seek advice from a disability lawyer. LTD cases can be particularly complex because their coverage varies from one policy to another and it isn't always obvious why your benefits were denied or cut. With car accidents there are fairly clear-cut laws that regulate what you can claim, but the rules governing long-term disability plans are not as broad which causes plans to be very different from one another. LTD insurance is a contractual relationship between you and your insurance company. Since the insurance company likely has [...]

Deduction of CPP from Disability Benefits

Long-term disability policies vary greatly from one to another and your policy may have certain benefit deductions, including the deduction of your Canada Pension Plan (CPP) benefits. LTD policies may allow the insurance company to deduct your CPP benefits in several different ways, including: Deducting a portion of CPP benefits or the entire amount Deducting only your own benefits or they may include your children's benefits as well Making deductions before or after tax (net or gross income) Often your LTD benefits can also be reduced by the amount payable to your dependants. One very common example of this is [...]

2012 Nova Scotia Insurance Benefits

On April 1st 2012 the Government of Nova Scotia launched updates to Section B insurance benefits. These increase the compensation available and bring the benefits roughly in line with those in New Brunswick. The changes were recommended by an independent review, and are included with every motor vehicle insurance policy in Nova Scotia. Benefit Current New Medical and Rehabilitation $25 000 $50 000 Funeral expenses $1000 $2500 Death benefits Head of household Spouse of Head of Household Dependant $10 000 $10 000 $2000 $25 000 $25 000 $5000 Loss of income $140/week $250/week Housekeeping $70/week $100/week No premium increases if [...]

Replacing a Written-Off Vehicle After an Accident

Following a car accident in which your vehicle is declared a total loss, your insurance company will indemnify your loss by giving you the current value of your vehicle, regardless of the outstanding debt balance on your vehicle. That means that if a car identical to yours has a resale value of $9 000, that's what you will receive from your insurance company - even if you still owe $12 000 on it. You can avoid that shortfall by having GAP (Guaranteed Auto Protection) insurance, which will cover that difference. It's particularly useful if you have a new car, because [...]

Remplacement d’une perte totale de véhicule

Suite à un accident où votre automobile fut déclarée une perte totale, votre compagnie d'assurance indemnifiera votre perte en vous remboursant la valeur marchande de votre véhicule, indépendamment du montant de votre prêt. Cela veut dire que si votre auto a une valeur de revente de 9 000$, c'est ce montant que vous recevrez de la compagnie d'assurance - même si vous devez encore 12 000$. Vous pouvez éviter cette situation avec de l'assurance perte financière (aussi connue sous le nom d'assurance GAP), qui vous remboursera le montant de votre prêt si celui-ci est plus haut que la valeur de [...]

Herniated Disc in an Accident

If you have been in a car accident and are experiencing pain in your lower back, you might have a herniated disc, which could lead to months of debilitating pain. The pain might even radiate down your leg, making everyday activities such as driving difficult or impossible to perform. A herniated disc can be caused by several things, including sudden twisting and turning movements. Your spinal column is equipped with discs to absorb shock. When these discs are damaged, their inner layer bulges through the spinal canal. As a result, spinal nerves become irritated. Symptoms and Treatment of a Herniated [...]

Rotator Cuff Injury

If you have been involved in an accident and your shoulder and arm are now throbbing, you might have a rotator cuff injury. Any powerful, thrusting movement, such as falling forward onto your outstretched hand, could cause a rotator cuff tear. The rotator cuff, which is a bundle of muscles and tendons, is responsible for keeping your arm secured in your shoulder socket. When it is damaged, you'll feel pain, especially when you lift your arm or when you pick up a heavy object. You should seek medical attention if you suspect your rotator cuff is damaged, especially if your [...]

Whiplash Injury Symptoms

A whiplash injury results when the soft tissues in your neck suffer an injury from a sudden trauma. Whiplash is a common injury in automobile accidents, especially rear-end collisions. A whiplash injury is sometimes described as neck pain or neck strain. Additionally, your intervertebral joints, spinal discs, ligaments or cervical muscles may be affected if you sustain a serious whiplash injury. Symptoms of Whiplash Generally, you will start to experience pain in your neck shortly after a serious auto accident or a few days later. Common symptoms of whiplash include: stiffness in the neck; discomfort when swallowing and chewing; hoarseness; [...]

Effects of a Traumatic Brain Injury

If you have received severe head trauma in a serious car accident, you may be suffering from a traumatic brain injury (TBI). According to the Canadian Institute for Health Information, the two most common causes of brain injuries are falls and motor vehicle accidents. An estimated 17 000 Canadians suffer a brain injury each year. Traumatic brain injuries can be mild or severe. A mild TBI could result in a concussion while a severe TBI could result in permanent brain damage. Despite the name, a Mild TBI can have devastating and permanent effects. The short- and long-term effects of traumatic [...]

Types of Spinal Cord Injury

Spinal cord injuries occur when there is trauma to the spinal cord. A severed spinal cord results in permanent paralysis; however, the spinal cord does not have to be severed for the injuries to result in a loss of movement or sensation.  In most injuries, the spinal cord remains intact, however, it may be damaged to such an extent that it results in a loss of feeling or mobility. Sometimes this is only temporary but other times the damage may be permanent. The affected areas of paralysis will depend upon where the injury occurred. While spinal cord injuries can happen [...]

The 3 Types of Nerve Damage

When you suffer a personal injury in an accident you may sustain nerve damage. Nerve damage can be as simple as mild compression or stretching of the nerve, or as serious as tearing or severance of the nerve. No matter how the nerve damage is sustained, it should be treated immediately to avoid long-term complications such as permanent paralysis. Mild nerve damage occurs when the nerve is compressed or has pressure placed on it, disrupting normal function. This causes the affected area to have a tingling sensation which usually goes away when the pressure is relieved and the nerve relaxes [...]

Meniscus Tear Knee Injury

One of the most commonly injured body parts in a serious accident is the knee. Your knees support a majority of your body's weight and contain many soft tissues around the joint that can be easily damaged. A meniscus tear is one of the common types of serious injuries you may suffer, and may result in the need to file a personal injury claim. The Basics of a Meniscus Tear The meniscus is a tough disc of cartilage and there are two discs in each knee, located between the thigh bone and the shin bone. They conform to the surfaces [...]

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