The lawyers at Aaron Waxman & Associates are experienced with Disability, Personal Injury and Employment claims.
The month of November is Diabetes Awareness Month. This is significant as it speaks to the impact Diabetes has worldwide and of course in Canada.
Topics covered in this blog will include:
There are two main types of diabetes mellitus
Type 1 Diabetes
Type 1 diabetes occurs when the pancreas releases little to no insulin and the immune system attacks the cells that would process insulin, causing sugar to build up in the bloodstream instead of being used as energy. Type 1 diabetes usually develops in childhood/adolescence and is less common and is always treated with insulin.
Type 2 Diabetes
Type 2 diabetes, which usually develops as an adult and is more common, occurs when the body can’t properly use the insulin released or does not produce enough insulin. As with type 1 diabetes, what happens is sugar will build up in the blood instead of being used up as energy.
Unlike type 1 diabetes, type 2 diabetes does not always require insulin and medications if it has not reached a certain level of severity, can be treated with diet and exercise.
Gestational diabetes is another type of diabetes, that affects pregnant women. It occurs during the 2nd or 3rd trimester of pregnancy. It occurs as a result of the body not being able to produce enough insulin to handle the effects of changing hormone levels and the growth of a baby at the same time.
Between 3-20% of pregnant women develop gestational diabetes and in most cases they did not have diabetes before their pregnancy. Usually the diabetes goes away after giving birth.
Doctors typically check for gestational diabetes through a blood test 24-48 weeks into pregnancy.
Important Facts & Statistics
These facts and statistics shed some light on the impact diabetes has worldwide.
According to the International Diabetes Federation:
According to Diabetes Canada:
According to Statistics Canada:
Complications of Diabetes
Different complications can arise from having diabetes, for various reasons and these complications may make it difficult to continue working, either at a physical type of job or a sedentary type of job.
Diabetes and Long-Term Disability Claims
The complications that arise from diabetes can cause functional limitations and restrictions and significantly impact a person’s ability to perform daily activities including the essential duties of employment.
The application package for short-term disability and long-term disability benefits both contain an Employee Statement and an Attending Physician Statement.
The Employee Statement
When applying for disability benefits, it is important that you outline the ways that your condition affects all aspects of your life on this form.
The Attending Physician Statement
On this form, it is important that your doctor explain the nature of your condition and any complications that have arisen and specify your restrictions and limitations.
Provide Clear Examples
On both the Employee Statement and Attending Physician Statement, clear examples of how your illness/condition affects your life and activities of daily living should be given. For example:
Submit Supportive Medical Evidence
Medical information that could be submitted with your application or in support of your claim could include bloodwork, x-rays that show if any deterioration has occurred, consultation reports from any specialists seen, hospital records and records from any dietician or diabetes education centre.
As with any condition, the insurance company is looking to see if you are seeking appropriate treatment from the proper specialists or treatment providers (i.e. endocrinologist, internal medicine specialist, diabetes education centre). As well, the insurance company is looking for evidence that you seek regular treatment, on an ongoing basis.
Reasons Your Claim Might Be Denied
There are many reasons as to why your insurance company might decide to deny your claim for short-term or long-term disability benefits.
A few common examples are:
If your claim has been denied at any stage, be it from the outset, while you’re on claim or at the change of definition, you can fight the insurer’s decision. You are not limited to the insurer’s internal appeal process as you have the option to start a lawsuit against them.
You should be sure to speak with a lawyer who is well-versed in short-term/long-term disability matters to find out what your rights and obligations are as an insured person and to make sure you do not miss any limitation periods.
* This blog is for informational purposes only and is not meant to substitute legal advice. Please read our disclaimer for further information.
* All of our lawyers are licensed by The Law Society of Upper Canada
* Office in Toronto and able to represent people in the province of Ontario