Disability Law Show: Ontario – S4 E81

Episode Summary

Is a diagnosis necessary to receive LTD? Disability lawyer, national practice leader and Partner James Fireman and Tamar Agopian, at Samfiru Tumarkin LLP, answer 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, James can get you the advice you need, and the compensation you deserve.

Listen to the Episode

Show Notes

• Travelling to see family while on LTD: Claimants that are unsure about travelling while on long-term disability benefits should first speak to their treating doctor and medical team. With the approval of their doctors, claimants should also ensure that their insurer is aware of their plans and discuss whether or not there are restrictions outlined in their disability policy. Insurers often try and justify a cutting off of benefits in the event of a trip or travelling and claimants should not accept this denial without seeking legal advice.
• A lack of diagnosis leads to a denial of LTD: Claimants without a diagnosis for their medical condition but continued ongoing symptoms should still receive LTD if they have the approval of their doctor. Many individuals after submitting multiple health reports to the insurer, still face resistance from insurance adjusters. Most disability policies do not require claimants to have a diagnosis in order to be considered disabled from working.
• Transitioning from STD to LTD for a mental health claim: It is not automatic for claimants to transition from short-term disability to long-term. In many cases, a separate application is required for long-term disability as a different insurer provides STD. The test in order to qualify for long-term disability benefits is typically the same test in order to qualify for the first phase of LTD.
• Returning to work or retiring after disability leave: Some disability policies will state that individuals that have retired are no longer eligible for LTD benefits or a pension can wipe out an LTD benefit entirely. The insurance adjuster can strategically ask claimants about their plans for retirement in order to determine ongoing eligibility.