Disability Law Show: Ontario – S4 E57

Episode Summary

Should you return to work if your doctor does not approve while on LTD? Disability lawyer and Partner Tamar Agopian at Samfiru Tumarkin LLP answers this question and more on the Disability Law Show on Newstalk 1010 in Toronto.

Listen below to discover important information about your rights and a guide through the proper steps to take when your insurance provider cuts off your long-term disability or denies your insurance claim.

When you need a disability lawyer in Ontario, Tamar and her team can get you the advice you need, and the compensation you deserve.

Listen to the Episode

Show Notes

• Denied disability benefits and told not “totally disabled”: Despite what the insurance company states to claimants, it is important to follow medical advice from treating doctors. Ultimately, medical support should be imperative in determining whether or not a claimant is able to continue working or is unable to do so. The term “totally disabled” in the context of long-term disability does not mean a claimant is unable to function at all, but simply that they are unable to perform the essential duties of their job.
• Communicating with employers while on LTD: Some employers require employees to send regular updates regarding their condition and prognosis. Most insurers, however, do keep employers up to date on a claim. Claimants should remember that they should be somewhat responsive so that an employer is unable to argue that an employee has abandoned their job.
  • LEARN MORE
    Employment issues while on long-term disability
• Getting a new job at the two-year mark of disability benefits: At the two-year mark, claims undergo a change in the definition of what is considered disabled from a claimant’s own occupation, to disabled from any occupation. The insurance company bears the responsibility of determining if a claimant is able to work in any other occupation that they are suited for which is comparable to the previous job. It is a fine line for insurance companies to fairly analyze a claimant’s situation but they do not have to find the job for claimants.
• Teacher with life-threatening condition wants to return to work from LTD: It is important to listen to treating doctors on whether or not a return to work is possible despite a medical condition. Claimants who return to work before they are approved to do so by their treatment providers risk health regressions and a potential cut-off of benefits.
  • LEARN MORE
    OTIP Disability benefits