It’s no surprise that Canadians are facing challenges during this difficult time that is COVID-19. Families may be facing job insecurities or experiencing increases in costs for medications, medical supplies and PSWs (personal support workers).

Earlier this month Prime Minister, Justin Trudeau announced there would be increased financial support to help Canadians with disabilities offset extra expenses during the COVID-19 pandemic. This support will be available to persons who are certificate holders of the Disability Tax Credit as of June 1, 2020.

What is the Disability Tax Credit (DTC)?

The Disability Tax Credit is a non-refundable tax credit for persons with disabilities or their supporting person. The objective of the tax credit is to help reduce the income tax they may be required to pay.

Being eligible for the DTC can also lead to other federal, provincial, or territorial programs.

Who is eligible for the DTC?

To be eligible, the Government of Canada must approve your application (Form T2201, Disability Tax Credit Certificate). The form is completed by a medical practitioner who certifies the person has a severe & prolonged impairment. The effects must also be described.

According to the Government of Canada one of the four requirements must be met to be eligible:

• “be blind
• be markedly restricted in at least one of the basic activities of daily living
• be significantly restricted in two or more or the basic activities of daily living (can include a vision impairment)
• need life-sustaining therapy

In addition, the person’s impairment must meet all of the following criteria:

• be prolonged, which means the impairment has lasted, or is expected to last for a continuous period of at least 12 months
• be present all or substantially all the time (at least 90% of the time)”

What does the additional support look like?

The financial aid being provided is a one-time tax-free payment. Those that are eligible for this one-time payment will receive it automatically.

• Canadians with a valid Disability Tax Credit certificate will receive $600
• Canadians with a valid Disability Tax Credit certificate & eligible for the Old Age Security (OAS) pension will receive $300
• Canadians with a valid Disability Tax Credit certificate, are eligible for the OAS pension & the Guaranteed Income Supplement (GIS) will receive $100

How to apply

Form T2201, Disability Tax Credit Certificate is a two-part form. Part A, to be filled out by the person with the disability and Part B, to be filled out by a medial practitioner. Once the form is received the application is reviewed by the CRA (Canada Revenue Agency). A notice of determination is sent to inform you of the decision made.

If you or someone you know has been denied or cut-off from disability benefits because the appropriate treatment cannot be continued for reasons related to COVID-19, or other causes, it’s important you reach out to our experts at Dye and Russell immediately.

The COVID-19 pandemic has swept uncertainty, frustration and anger across our Country. It has impacted people in all aspects of their lives. There are people that aren’t able to continue working right now and those that are working – in essential services or remotely – are faced with challenges like they’ve never seen.

For a lot of people, the fear of contracting and transmitting the virus and battle with self-isolation/social distancing is enough to lead to severe anxiety, depression, or other types of mental illnesses. Others have similar feelings, but they stem from the fear of returning to work and going into public places or the ability to cope after losing a loved as a result of the virus.

We want to reassure you that you’re not alone. Many clients have reached out with their concerns and we’re here to help.

Mental Health During COVID-19

Balancing home-life and work-life while also trying to manage the additional stress, fear and anxiety brought on by COVID-19 is a lot to handle. A million things are running through your head.

Will I catch Coronavirus? What if it’s serious?

 I’m worried about my family members who work in health care.

 Will this impact my job? Will I have a job once this is over?

 I can’t afford to lose another client. I’m already struggling.

 I hope my partner doesn’t lose their job.

 Will there be sanitizer or toilet paper at the store this time?

 I miss seeing people and being around my family.

If worries like these are keeping you from performing and focusing on work or functioning at work, there are things you can do.

Disability Insurance

 Applying for STD or LTD benefits is recommended and encouraged if you think you’re unable to work.

Long-term disability (LTD) coverage is a benefit that is paid out to you if you become disabled from working. Utilizing these benefits is exactly what disability insurance is there for and what you’ve been paying into; don’t hesitate to apply if you need to.

Policies will almost always require that the individual be unable to continue working because of a diagnosed medical condition. The medical condition can be emotional, cognitive, or physical.

No one should suffer from psychological injuries caused by a pandemic. Insurance companies will need to step up and take care of those who have been impacted by COVID-19.

Speak with your Doctor

Your mental health is extremely important in this difficult time. Getting help for anxiety, depression or another mental health concern is not something to be ashamed of. Especially if it’s impacting you, your family, your work or ability to work, or your daily life.

Seeking proper medical treatment for issues that prevent you from working is crucial. Not only will it help your well being, but it also supports your disability claim to the insurer.

Denied Disability Claims

Unfortunately, denied claims are common.

The doctor that is treating you agrees that you shouldn’t be working (or returning to work), but once the insurance company reviews the file, they disagree and say you can work. All without having another doctor assess you or review your file.

Doesn’t make sense, does it? Well, you’re not alone in thinking that. The doctor that is treating you is in the best position to decide whether you can work or not.

Lack of “appropriate treatment” or “insufficient medical evidence” are common reasons for a claim denial. Insurers have even come back to say you don’t “meet the test for total disability”.

If you’re told by your treating doctor that you aren’t in a position to work or return to work, then you likely aren’t and there is a good chance you’re entitled to receive LTD benefits even if your claim has been denied.

Have Questions?

If you or someone you know has been denied or cut-off from disability benefits because the appropriate treatment cannot be continued for reasons related to COVID-19, or other causes, it’s important you reach out to us at Dye and Russell immediately.

Even the most experienced drivers can pick up bad habits. This happens over time as we become more comfortable behind the wheel.

The problem with these bad habits is that they not only put you at risk while you’re on the road but other people that are driving around you and following the rules of the road.

There are things you can do to help get your driving back on track. Not only will these tips help keep you and others safe on the road, but they’ll serve as a reminder to share the road with other vehicles, cyclists and pedestrians.

1. Back to basics

Some of the basic rules of the road are the easiest to forget when you’ve been driving for a while. For example, remaining in the left lane of the street you’re turning on to when you’re making a left turn at an intersection, always using your turn signal, or stopping completely at a stop sign. These are only a few of the bad habits that should be corrected; they’re instrumental in keeping the roads safe. Driving while you’re in a rush, tired or dealing with another distraction should be avoided as they can also lead to reckless driving.

2. Check your mirrors

Just because you drive the same car every day doesn’t mean the mirrors can’t move slightly. Maybe someone moved your car or borrowed it to run to the store, if so, they likely adjusted the mirrors. You should check your side mirrors and rear-view mirror each time you get into the driver’s seat.

3. Know how to use your high-beams  

Your high-beams are meant to be used to help you see on poorly lit roads at night or in extreme daytime weather. They should always be turned off when another car is approaching you because of how bright they are. The improper use of your high-beams can be distracting to other drivers who become blinded by your bright lights. If you encounter a driver who has failed to turn their high-beams off as you approach, it’s suggested you look to the right side of the road and follow the painted edge line.

4. Left turns

Safely making a left-hand turn in an intersection isn’t just about staying in the left lane when you turn. When you’re waiting to make your turn safely, it’s important to keep your wheels pointed straight. If you should be hit from behind, your car would move forward as opposed to it rolling into oncoming traffic if your wheels pointed left.

5. Be alert

It’s easy to fall into autopilot when you have years of driving experience under your belt. Remaining alert is an important and necessary step in safe driving. Checking your mirrors regularly, using your turn signal appropriately, and pay attention to the other cars around you. Too often people focus on the car immediately in front of them and don’t notice when they’re getting too close.

6. Distance

This one happens all the time – tailgating. Leaving adequate space between your vehicle and the ones around you is essential for avoiding accidents. A great method for keeping a safe space away is by timing the distance. Pick a marker on the road and when the car in front of you passes it, time how long it takes for you to reach the same spot. A recommended time-distance between you and the car in front is 4 seconds.

7. Drivers education

When was the last time you took a driving course? Not since you got your license, right? Overtime rules of the road can change and it’s important for you to keep up with them. If it’s been a while since you’ve been behind the wheel, you want to sharpen your driving skills or think a refresher course may be useful, don’t be afraid to connect with your local driving school.

8. Know your car

Have you ever seen people back into a parking space with what seems like no effort? Well, knowing your car may have something to do with that. The better you know your car, the more comfortable you feel driving it. Knowing what features it has and using them to your advantage, like back up cameras or park assist abilities, can help make those hard to see spots easier.

9. Using a roundabout

Roundabouts are something even experienced drivers have issues with. For some reason, they’re intimidating and can cause a lot of confusion for people. If you’re one of these people, the Ontario Ministry of Transportation has released a guide to help you understand how to properly use roundabouts.

10. Check your eyes

Having your eyes regularly checked by an optometrist ensures your eyesight is at the level it needs to be at to safely operate a vehicle.  The aging population may have noticed a decline in their sight, regular check-ups can help catch problems early and address them before they get worse.

You can be a safe driver, but accidents can happen. If you or someone you know has been involved in an accident your road to recovery is important to us. Fast dial #1000 free from your cell and our experienced team at Dye and Russell will get you the support you need.

Falling and getting a concussion, breaking a bone or suffering from a serious laceration as a result of another’s negligence are common injuries people think of when they’re talking about personal injury law. Injury claims such as these have evidential aspects that are easier to prove. External injuries are visible and possible internal injuries can be proven with X-rays or other medical scans. Claims for mental pain and suffering and emotional distress aren’t as easily proven but are still genuine to the individual suffering.

What is Emotional Distress?

Emotional distress is defined by Merriam-Webster as “a highly unpleasant emotional reaction (as anguish, humiliation, or fury) which results from another’s conduct and for which damages may be sought”.

Damages for emotional distress may be recovered whether there was intentional or negligent behaviour. In cases where negligent actions resulted in emotional distress, the plaintiff is generally required to have also suffered from a physical injury.

Signs & Symptoms
Too much of anything can affect a person. If you eat too much cake, you will end up with a stomach ache. Listening to upbeat, energetic music repeatedly can cause you to feel certain emotions such as happiness or excitement. Similarly, too much stress can lead to both emotional and physical symptoms. Knowing these signs and being able to identify them can help you reduce and learn to manage them.

Healthline outlines some of the emotional signs to pay attention to.

• Depression
• Anxiety
• Irritability & mood swings
• Problems concentrating or remembering things
• Compulsive behaviour

How Can It Be Proven?

The burden of proof falls on the victim when it comes to emotional distress lawsuits. Since emotional distress is mainly psychological, it becomes even more difficult to prove in court. Unlike a broken arm where an X-Ray can allow for a visual of the injury, there is no physical evidence to prove an injury has even occurred when it comes to mental health.

Andrew Lu describes some of the ways you might be able to prove your emotional distress claim.

• Intensity

The more intense one’s mental suffering, the more likely it can be to prove. However, cases claiming negligence against another party often require some kind of physical injury to be present.

• Duration

Proving the pain is consistent, reoccurring and stays with you for a significant period, like PTSD.

• Related bodily harm

Proving a related injury, like migraines or ulcers, can help point to signs of distress.

• Underlying cause

An extreme situation that brought on emotional distress (e.g. surviving a bombing) is more likely to show a court emotional distress was brought on by a traumatic incident. As opposed to a car accident where no one suffered any injuries.

• Doctors note

This will help support your claim and should be incorporated for this exact purpose.

How to Manage Stress

Luckily, there are things you can do to help manage and even reduce your stress. Identifying the source of your stress is the starting point for addressing your emotional symptoms.

As explained by the American Institute of Stress, there are several ways to manage stress. It’s important to find techniques that are right for you; nothing is universal when it comes to stress management. Some may find taking a hot yoga class to be relaxing while another could find it quite boring and become irritated.

• Participating in physical activity; running, playing sports, dance etc.
• Calming activities; meditating, yoga etc.
• Listening to music, reading, writing in a journal/diary etc.
• Getting a massage or attending a therapy session (private or group)

Claiming emotional distress is a complicated and overwhelming process. Involving an experienced personal injury lawyer, like Dye and Russell, to help guide you through your case is the easy part, and the first step in your road to recovery.

If you or someone you know is suffering from emotional stress due to the negligence of another, a workplace incident or traumatic event, contact the experienced team at Dye and Russell today.

The end of October is an exciting time for children and adults alike; Halloween is finally here. Some people wait for this day all year long, spending hours crafting the perfect costume. It’s a time that brings out creativity, great costumes, scary stories and who can forget the copious amounts of candy!

While trick or treating on Halloween night is fun for all ages, it’s also a time for heightened awareness of your surroundings. Here are our tips on keeping safe on the scariest night of the year.

1. Avoid masks

Wearing something that covers the face reduces how well the person wearing the mask can see. It’s important that visibility isn’t compromised; cars, bikes and other hazards are around that may cause an injury if they aren’t seen properly.

2. Wear light coloured clothing/costumes

Dark clothes such as black, brown or navy are hard to see at night. Staying in costumes or clothing that is lighter in colour makes you more visible to others.

3. Make a plan with kids going without parents/adults

If your children are old enough to go out on their own, decide on a plan before they head out. Map out a route they must take/stay on, have them bring a cell phone and flashlight and remind them to avoid homes that are poorly lit and to never go into a stranger’s home.

4. Check candy

Having a parent or guardian look through any goodies collected is very important. Sometimes candy or chocolates may have partially opened wrappers. This doesn’t always indicate the item has been tampered with, but it’s safest to throw it away anyways.

5. Stay on the sidewalk

Trick or treating happens at night, when it’s dark and generally lacks good lighting. Darting out on the road or running back and forth across the street is unsafe and can potentially lead to serious injuries. Keeping on the sidewalk means not just pedestrians stay safe, but those that are out driving as well.

6. Bring a flashlight & cell phone

In the event of any emergency it’s a good idea to have a flashlight and cell phone on hand. If something is dropped, a flashlight will make it easier to see. Flashlights also make it easier for other people to see you. A cell phone comes in handy if an emergency phone call needs to be made or to keep track of an older child who is trick or treating on their own.

7. Remove walkway clutter or potential hazards

The excitement that comes along with free candy can cause for lack of awareness of the surrounding area. Keep kids and adults safe and remove any tripping hazards from the sidewalk or porch area of your home. Keeping this area well lit will also help eliminate potential dangers.

8. Share the streets

Not exceeding the speed limit, staying alert and avoiding distractions will help you and others stay safe and enjoy the night. All motorists should exercise additional caution when driving through neighbourhoods and school zones. Pedestrians should keep in mind that costumes and lack of light make for poor driving conditions; don’t assume drivers can see you. Adding something reflective to your costume is a helpful way to remain seen.

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.