Disability Law Show 640 Toronto – S7 E26

Discover your rights and the TRUTH about long term disability and personal injury. Sivan Tumarkin and Albert Klein, Disability Lawyers 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

Should a client on LTD who is not expecting to return to work and will be facing a re-assessment the following year inform the insurance company?

Insurance companies should be informed of medical advice from your doctor, being honest and open in communication very important.

Week That Was

After initiating a claim, two weeks after, insurance lawyers reached out and offered to talk settlements and stated the claim shouldn’t have been denied.

Three reasons you should call Samfiru Tumarkin LLP before you appeal an LTD denial:

1. They will explain what an appeal actually is, as it’s usually not what you think.
2. They will explain to you what you should do instead to ensure you are paid what you are owed.
3. They will explain what to do if you insist on seeking an appeal.

One of my good friends was recently let go from her job and she went to an employment lawyer. The lawyer negotiated a severance package and my friend signed it. When she tried to apply for LTD the insurance company said the paperwork she signed with her employer prevented her from claiming disability. Is that true?

An employment lawyer who is not well versed in long-term disability could unfortunately get a client to sign paperwork that might bar them from claiming benefits. Sometimes it is best to have a disability lawyer also look over a package to ensure there is nothing hidden within the settlement.

My father had a severe stroke last year and became incapacitated. We only found out recently that he had an LTD policy that he purchased privately and has been paying into. The insurer denied the application because they said that he applied too late but that’s because he is incapacitated and my brother and I just found out about his condition. Is there anything that can be done about this?

The insurance company is trying to rely on a technicality. If there was a reasonable explanation for the late application, the insurance company can’t deny the claim.

Experiencing an Employment Issue?

Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case.

Use The Severance Pay Calculator to find out how much severance pay you may be owed upon termination.

Call 1-855-821-5900, email Help@EmploymentLawyer.ca or fill out a contact form to get help now from a Toronto employment lawyer.

Denied Long Term Disability? We Can Help.

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