GOOD ADVICE. GOOD LAW. GOOD PEOPLE. DBMLAW.CA

Julie D. Fisher Associate Counselt. 604.937.6354 f. 604.939.7584 e. jfisher@dbmlaw.ca w. dbmlaw.ca

Coquitlam (Main Office)

Suite 211 1015 Austin Ave. Coquitlam, BC V3K 3N9t. 604.939.8321 f. 604.939.7584

Langley

Suite 205 19978 72nd Ave. Langley, BC V2Y 1R7 t. 604.534.2131 f. 604.939.7584

Vancouver

Suite 300 1055 West Hastings St. Vancouver, BC V6E 2E9 t. 604.939.8321 f. 604.939.7584

SELf-HELP TIPS fOr MAnAGInG YOur OWn DISABILITY CLAIM

BE PrOACTIVE

Do not be lulled into believing that others are looking after you or your interests.

You must be your best advocate and be proactive in ensuring you get all you are entitled to with your claim.

MAkInG A CLAIM

Obtain claim forms and complete policy wording from employer if group policy, or from disability broker who sold you policy or disability insurer directly if an individual policy.

If you have a WorkSafeBC claim, use their website at home or at your local library and read all of the procedures online. Also, contact a WorkSafeBC advocate to help you.

If you belong to a union, obtain a copy of your collective agreement and the provisions that address disability benefits and grievance or appeal procedures specifically. Ask for a meeting with your union representative.

Keep a separate folder at home with copies of all correspondence, emails, or notes you take concerning communications about your disability claim. Put all incoming communications and materials in that folder as well.

Remember to apply for:

• short term disability or employment insurance disability benefits;

• if work related incident apply for WorkSafeBC benefits immediately and inform doctors it is a Work incident;

• if injured in a car accident report to ICBC Dial-A-Claim and apply for Part 7 benefits;

• before short term EI disability ends, apply for long term disability benefits whether or not you are receiving other benefits;

• CPP disability benefits whether or not you are receiving long term disability benefits.

Short-Term Disability / Long-Term Disability / CPP Disability Critical Illness / Accidental Benefits / Life Insurance

GOOD ADVICE. GOOD LAW. GOOD PEOPLE. DBMLAW.CA

ACCEPTAnCE Of A CLAIM

Read your policy. Do not rely on any booklet or explanation provided to you in a letter or phone call. If you cannot see it in the policy contract itself, ask the person adjusting your claim to point out to you where the statement is in the actual policy.

Review the calculations for your benefits. Are you getting all that you are entitled to under the policy? Are you receiving too much and at risk of an overpayment action?

DuTIES

You have a duty to provide up-to-date medical and other information about your disability to the disability insurer. You also have a general duty to follow the doctor’s recommendations for getting better within your means. If you cannot afford a treatment, ask your disability insurer to pay for it.

The disability insurer also has a duty to treat you fairly and to consider all information concerning your claim. If they ask you to attend a medical examination, write them and ask them to explain what the doctor will be looking at and ask them to provide a copy of their report or opinion to your treating physicians when complete. Keep a copy of your letter in your personal file.

TAkE ACTIOn

If you are denied benefits or cut off benefits you were receiving at anytime, you must take action immediately.

There are time limits running against you for:

• filing a claim in Court;

• filing a WorkSafeBC appeal;

• filing a grievance if union;

• filing an EI disability or CPP disability appeal.

You must take action to determine what your time limit is for disputing the decision to either deny your claim for benefits or when you are suddenly cut off benefits.

You do this by seeking legal advice from an experienced disability insurance lawyer, contacting a WorkSafeBC advocate, or contacting your union. You must also obtain and review your actual disability policy and appeal or grievance procedures and look for time limits mentioned in the contract or procedures.

If you are told a limitation period by your employer, disability insurer, insurance broker, or other agency, it is best to ask for confirmation of the time limit in writing and have them point it out to you in the contract or procedures. If they refuse or are unable to point to it, see a lawyer immediately.

Julie Fisher is an Associate Counsel with Drysdale Bacon McStravick LLP and practices disability law, insurance law, privacy law, personal injury, estate litigation, and other civil litigation matters. Please call to discuss your claim or arrange an appointment at 604.937.6354 or email jfisher@dbmlaw.ca.

Julie D. Fisher Associate CounselICBC Claims and Personal Injury Law, Estate Litigation; LTD & CPP Disability Claims Call to BC Bar: 1996

t. 604.937.6354 f. 604.939.7584 e. jfisher@dbmlaw.ca w. dbmlaw.ca

GOOD ADVICE. GOOD LAW. GOOD PEOPLE. DBMLAW.CA

rESOurCESBC MOTOr fuEL TAx rEBATE1.877.388.4440

BC BuS PASS1.866.866.0800

CPP DISABILITY BEnEfITS1.800.277.9914 servicecanada.gc.ca

BC PPMB BEnEfITS Or PErSOnS WITH PErSISTEnT MuLTIPLE BArrIErS1.866.866.0800

BC PWD Or PErSOnS WITH DISABILITIES604.660.2421 or 1.800.663.7867 www.eia.gov.bc.ca/pwd/apply.htm

EI SICknESS BEnEfITS1.800.206.7218 servicecanada.gc.ca

CAnADA BEnEfITSCanada Benefits provides a listing of federal and provincial benefits available to Canadians. canadabenefits.gc.ca

CAnADA rEVEnuE AGEnCYdisability tax credit, expenses 1.800.267.6999 cra-arc.gc.ca/disability

HEALTH LInk BCHealth Link BC provides information on health issues and health alerts for British Columbians. healthlinkbc.ca or dial 8-1-1 (toll-free)

BC PrOPErTY TAx DEfErMEnT PrOGrAM1.800.663.7867 or TaxDeferment@gov.bc.ca

Coquitlam (Main Office)

Suite 211 1015 Austin Ave. Coquitlam, BC V3K 3N9t. 604.939.8321 f. 604.939.7584

Langley

Suite 205 19978 72nd Ave. Langley, BC V2Y 1R7 t. 604.534.2131 f. 604.939.7584

Vancouver

Suite 300 1055 West Hastings St. Vancouver, BC V6E 2E9 t. 604.939.8321 f. 604.939.7584

AnxIETY BC 604.525.7566 anxietybc.com

fIBrOMYALGIA WELLSPrInG fOunDATIOn778.278.FMWS (3697) fibromyalgiawellspringfoundation.org

GASTrOInTESTInAL SOCIETY604.873.4876 or 1.866.600.4875 badgut.org

DISABILITY ALLIAnCE BC604.872.1278 or 1.800.663.1278 disabilityalliancebc.org

BC BrAIn InjurY ASSOCIATIOn604.984.1212 brainstreams.ca

MEfM SOCIETIES Of BC604.878.7707 or 1.888.353.6322 (toll free) mefm.bc.ca

nATIOnAL ME/fM ACTIOn nETWOrk613.829.6667 mefminfo@mefmaction.com mefmaction.com

CAnADIAn MEnTAL HEALTH ASSOCIATIOn, BC CHAPTEr604.688.3234 cmha.bc.ca

MS SOCIETY Of CAnADA, BC CHAPTEr604.689.3144 or 1.800.268.7582 mssociety.ca

nATIOnAL HEADACHE fOunDATIOn1.888.643.5552 headaches.org

MOOD DISOrDErS ASSOCIATIOn Of BC604.873.0103 mdabc.net