3 Key advantages of getting help from an LTD lawyer | Disability Law Show TV – S4 E10

Episode Summary

3 KEY ADVANTAGES OF GETTING HELP FROM AN LTD LAWYER on Season 4 Episode 10 of the Disability Law Show with disability lawyer Partner, James Fireman.

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

Ready to return to work but a disability claim has begun

I’ve begun a disability claim earlier this year but I’m starting to feel better and believe I can return to work. I’ve been given a gradual return to work-plan. What should I do?

• Returning to work: At any point in time, if a claimant is able to go back to work and has their doctor’s support, they should do so whether or not a legal claim has begun. Claimants should make sure that their ability to work and symptoms have noticeably improved before stating they are ready to work. Starting a legal claim does not prevent a claimant from being able to work in the future.

Appealed and LTD denial despite undergoing a battle with leukemia

I turned to long-term disability benefits for support while I battle leukemia. My claim was denied despite the reams of medical documentation I gave to the insurance company. I have appealed the denial but am extremely worried as the stress and bills are beginning to mount. What if they still say no?

• Appealing an LTD denial: In most cases, appeals are not successful and typically waste claimants’ time. Rather than appealing a long-term disability benefits denial claimants should contact a disability lawyer as soon as possible to determine their rights and begin a legal claim. Disability appeals are not conducted by an external third party and were created by insurance companies and usually lead to yet another denial.
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3 Key advantages of getting help from an LTD lawyer

• We communicate directly with the insurance company: Once a legal claim has begun, the disability lawyer retained takes over all communication between the claimant and the insurance adjuster. The disability lawyer requests all relevant information and files and informs the insurer that a claim has begun. It is often a huge relief for claimants to focus solely on their health and treatment rather than dealing with the insurance company.
• We can gain access to all the information: Claimants can request all relevant information from the insurer but are often denied by the adjuster. Insurance adjusters are obligated to provide all necessary documentation to the disability lawyer. A disability lawyer will look closely at a claimant’s file to determine the errors that an insurance adjuster has made and what information was not properly processed.
• We know how and where to apply legal pressure: An efficient disability lawyer will be able to determine where the insurance company has erred in denying a claimant their disability benefits. A disability lawyer can also determine whether or not there are any punitive damages and if an adjuster has operated in bad faith with a claimant.

Disability benefits denied as the claim was not sent in on time

I have been suffering from migraines and nerve pain for almost a year. Because my ability to focus on my work and keep a steady hand was being affected, my doctor told me to take time off work. I applied for LTD but was told my claim was not sent in a timely manner. Is there anything I can do?

• Denied benefits due to technicality: Claimants are obliged to complete and submit an application for long-term disability benefits within 30 days of being disabled from working. Claimants who miss this deadline are often denied benefits however, due to relief from forfeiture, are still entitled to benefits. Claimants who have missed the deadline to apply for LTD will still be able to send in documentation if they did not intentionally miss a deadline. Claimants who are told they have not sent in all necessary documentation are within their rights to ask the adjuster what files are required or missing from their application.
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Long-term disability benefits cut off after transferable skills analysis

My insurance company conducted a transferable skills analysis. After this analysis, I was told my benefits would end. I have a severe lung condition and my doctors have advised me I am not ready for a return to work yet. Do I have to accept the insurer’s decision to cut off my payments?

• Change in definition period: A transferable skills analysis is typically implemented around the two-year mark of a claimant’s benefit period. In theory, the analysis will provide the adjuster with a list of comparable jobs for a claimant. After two years of long-term disability benefits, the test in order to qualify for disability benefits changes and claimants will have to prove they are disabled from working in any occupation, as opposed to just their own. A transferable skills analysis does have to take into account commensurable earnings however rarely does. Claimants should only return to work if they are deemed capable by their treating doctors.

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Previous Episode: Disability Law Show S4 E09 – 3 Key things to know about the appeals process and LTD