Coronaphobia and Long-term Disability Claims: 3 Things to Know

The COVID-19 pandemic has given rise to a new psychological disorder that is quickly gaining recognition throughout the world for its debilitating effects on individuals.

‘Coronaphobia’ refers to a severe type of anxiety arising from and related to the Coronavirus pandemic. Phobias have long been recognized as extreme fears and anxiety-inducing reactions to various triggers which, in the context of long-term disability claims, prevent or hinder a person from being able to work.

Unfortunately, some insurance companies either do not recognize Coronaphobia as a disabling condition that entitle a claimant to LTD, or they simply choose to reject it as a valid basis for claiming LTD. That is wrong. The end result is the same in that the claimant is denied LTD benefits, unjustly.

If you or someone you know suffers from Coronaphobia and cannot work because of it, you should be approved for long-term disability benefits.

You need to be aware of the following 3 things when you claim long-term disability benefits due to Coronaphobia.

Your diagnosis does not matter

The diagnosis of your disabling condition generally does not matter. What matters is that your doctors confirm in writing that you suffer from an illness and/or injury that prevents you from working. The label, or diagnosis, of your condition is not at the heart of your entitlement to LTD under your insurance policy. What is at the heart of it is the opinion from your doctors and health providers that you are in fact unable to work because of your illness and/or injury.

Whether you are diagnosed with something like Coronaphobia, general anxiety and depression, or PTSD, should not matter for the purposes of your LTD application. I have never seen an LTD policy that excludes a claimant on the basis of being unable to work due to Coronaphobia.

LEARN MORE
• Long-term Disability Claims for COVID-19 Long-Haulers
• Insurance company says man is “not paralyzed enough”

It is illegal for an insurance company to deny LTD because the science behind Coronaphobia is new

Some insurance companies state that COVID-19 and related psychological or physical symptoms are relatively new science and there is still much that is unknown about them. I have spoken with individuals from across the country who have been denied their LTD applications on this basis alone. Such a position taken by an insurer is, quite simply, ludicrous, and illegal.

If your insurer tells you that your claim is not approved because Coronaphobia and COVID-19 are “too new”, you should immediately contact us for advice. Such a rationale completely contravenes the LTD policy and that means that you likely have a legal claim against your insurer for damages. The disability lawyers at Samfiru Tumarkin resolve cases such as this regularly and relatively quickly.

You should not apply for the COVID-19 wage subsidy program

I have spoken with individuals who have been told by their insurers that instead of applying for LTD, they should apply for the wage subsidy program offered by the government in response to the COVID-19 pandemic. Again, that is very bad advice.

Insurers who do say this are attempting to shift the responsibility for paying disabled individuals to the government and that is wrong for two reasons.

First, if you are disabled due to COVID-19, Coronaphobia or any other illness or injury, and if you have access to long term disability, you absolutely are entitled to claim LTD from your insurer, which under most policies will pay you anywhere from 60%-80% of your pre-disability income. For many individuals that is much more than the wage subsidy offered by the government.

Second, if you claim the wage subsidy from the government and it is subsequently determined that you were not entitled to it, you may have to pay it back and suffer penalties.

Insurers have a legal obligation to comply with their obligations under LTD policies, but some are shirking those responsibilities to the detriment of claimants. This is easily resolved by speaking with lawyers that have expertise in this area of law, namely long term disability law.

What should I do if I am cut off or denied LTD?

You should never accept an insurer’s LTD denial without consulting a disability lawyer. In many instances insurers who deny legitimate LTD claims subsequently pay significant amounts of money to settle such claims. In other cases, the insurers reinstate claimants after a disability lawyer becomes involved.

At Samfiru Tumarkin LLP, our lawyers throughout Ontario, British Columbia and Alberta resolve LTD claims with insurers regularly. We provide peace of mind and fight for our clients’ rights, and most importantly, we ensure that they get paid what they are owed under their LTD policies.

Our Firm focuses exclusively on disability and employment law. Whether you have been let go from your job, have another employment issue you need help with, or have been denied by your LTD insurer, we can help.

We regularly answer questions from individuals across Canada. We also provide free advice on the Disability Law Show, the My Disability Questions website and on the Employment Law Show.