Struggling to work due to depression | Disability Law Show TV – S3 E15

Episode Summary

STRUGGLING TO WORK DUE TO DEPRESSION on the Disability Law Show with disability lawyer and co-founding partner Sivan Tumarkin.

Watch above to discover the steps you need to take when the insurance company cuts off or denies your long term disability claim in Ontario,  British Columbia,  or Alberta, on the only disability law show on TV and radio in Canada.

Episode Notes

Insufficient medical documentation leads to denial

I work in the IT field and earn a very good salary. There were a lot of incidents that led to depression and so I was on short-term disability. I applied to LTD however and was denied on the basis of insufficient medical documentation despite my family doctor and psychologist’s support.

Segment starts at 1:38

Advised by a lawyer to appeal LTD Denial

I hired a lawyer to handle my claims for a car accident that happened almost two years ago. I hurt my back and tried rehab but it’s not getting better. My doctor told me that surgery is an option but there’s no guarantee my pain will improve. I applied for LTD benefits and was denied. My lawyer said he would only help me if I exhausted all my appeals. I’ve now appealed twice and they rejected my claim both times. Am I allowed to hire a new lawyer?

Sivan explains that it is important in dealing with disability claims and appeals to hire a disability lawyer. Hiring a new lawyer as soon as possible who specializes in this field will ensure no more time is wasted. Appeals are rarely effective and are not in a claimant’s best interest.

Segment starts at 7:42

Struggling to work due to depression

1️⃣ Don’t ignore it. Speak with your doctor and get a referral to a mental health professional (psychologist, psychotherapist, psychiatrist, etc.)

The pandemic has greatly affected many individual’s mental health. It is key to seek help for any mental health condition for legal as well as medical purposes. Legally, if an individual does not seek help for a disabling condition, the claim will not be as strong.

Segment starts at 12;20

2️⃣ Follow prescribed treatments (psychotherapy sessions, medications, etc.)

Sivan explains that’s nearly every LTD policy specifies that an individual has to show they are receiving treatment. If an individual is not seeking out treatment, an insurer can claim that the claimant is in breach of the policy.

Segment starts at 14:43

3️⃣ Apply for STD or LTD if you have coverage privately or through work – and contact us if you are denied

Many people are not aware that they can and should apply for disability coverage due to their mental health struggles. It is important to look at the coverage that is provided through their employer.

Segment starts at 16:45

Pushed to work despite stress and grief

I am currently on LTD due to stress from work and severe grief after my father passed away. My insurance is pushing me towards a return to work and seem to be implying that my benefits will be cut off soon. Can they force me to go back to work when I don’t feel ready to do so? Do I have the right to refuse?

The insurance company cannot force an individual back to work. The insurer can however try and pressure an individual to return before they are ready to do so but it is still technically in breach of policy. If an individual is unable to return to work and their doctor supports them, they should ask for an updated report from their doctor on when they will be ready to return.

Segment starts at 20;35

On sick leave but denied LTD as not “totally disabled”

My best friend is a paramedic and has been struggling with depression for years. Earlier this year, he was called to a shooting and was traumatized by what he saw. He started seeing a psychologist shortly after is now on medication and sick leave. He has tried twice unsuccessfully to return to work, which has angered his supervisor. He applied for LTD but he was denied because the insurer doesn’t think that he is totally disabled. What can I do to help him?

Sivan explains that the premise of “total disability” is a made-up phrase that the insurance industry has created that confuses claimants as well as doctors. Total disability in the LTD context means that an individual is unable to complete the necessary functions for their job.

Segment starts at 24:15

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Next Episode: Disability Law Show S3 E16 – Ways to deal with aggressive behaviour from a disability insurer

Previous Episode: Disability Law Show S3 E14 – What you should do if on LTD and fear your benefits will be cut off