Disability Law Show Bell Radio – S1 E26

Summary

Discover your rights and the TRUTH about long term disability and personal injury. Sivan Tumarkin and James K. Fireman, Disability Lawyers and Partners at Samfiru Tumarkin LLP, join co-host, John Scholes, as they guide you through the proper steps to take when your insurance provider cuts off your long-term disability or denies your insurance claim.

What We Covered

Do I have to go for an assessment by a medical expert from my insurance company?

2:11– A friend of mine has had a major bipolar break and cannot continue in his position. He has followed his doctor’s advice and has stabilized but cannot continue to work. He has moved from short-term disability to long term disability and has been on it for a year and a half. I feel that he is overly compliant with the insurance company because of his mental state and his fear of being cut off. Now they want him to see a specialist from the insurance company for an assessment because they want him to go back to work. Can they do that?

Can my insurer force me to start a return to work program if it’s against my doctor’s advice?

8:30– I received a letter from my insurance company that says I need to enroll in a return to work program. My doctor has already said that I am not ready to return to work yet, but I have already received a letter stating that if I do not start a return to work program I will be cut off from my benefits.

My employer fired me because I told them I was applying for LTD, am I still covered?

11:13– A 63-year-old man suffering from kidney failure informed his employer that he would have to go on long-term disability as a result. His employer fired him after finding out about his impending disability claim.

Can my employer terminate my position while I am off on disability?

19:04– I was on long-term disability for an issue with my back. I had surgery and am now able to return to work. My employer said that they have filled my position and do not want me to come back. Is my employer allowed to do that?

Can my insurer cut me off if I don’t want to communicate with them via phone call?

20:26– I am receiving long-term disability and requests to talk on the phone. They have told me that they will cut me off unless I talk to them on the phone. I have explicitly expressed that I would like to communicate via email. Am I required to talk to them on the phone?

What does a re-evaluation from my insurer mean?

25:01– A client in Vancouver who was told by her insurer that she would be re-evaluated on December 21st. She worked for a long time as a legal assistant and needed some advice from us. She sent us a lot of her communication with her two adjusters over the last few years. She fell off a boat while in Mexico and suffered a brain injury. Communications with her adjusters caused her anxiety and stress, which we could see clearly in the provided documentation. She has difficulties with communications and often brings an aid to help interpret and converse with people.

At what point can an employer terminate an employee who is on LTD? Must the employer give advanced warning or an option to return to work?

29:00

What if the insurance company stops providing LTD payments even if my doctors medical reports state that I am unable to work due to my symptoms or impairments?

30:01– My employee LTD plan indicates that payments are to continue to age 65 if I am still unable to return to work.

If my application for CPP disability gets rejected can my insurance company cut off my benefits?

37:07

Denied Long Term Disability? We Can Help.

Call 1-855-821-5900, email us at help@DisabilityRights.ca or fill out a contact form to get help now.

Discover your rights when your Long Term Disability Claim is denied. Find out more here.

Experiencing an Employment Issue?

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