Disability Law Show: Ontario – S4 E85

Episode Summary

Is surveillance footage used in order to deny long-term disability? Disability lawyer and Partner Tamar Agopian at Samfiru Tumarkin LLP answers this question and more on the Disability Law Show on 640 Toronto and Newstalk 580 CFRA.

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.

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Show Notes

• Life insurance claims and critical illness: Critical illness and life insurance claims are closely related to long-term disability. Disability law is based on policy and is a contract that exists between an insurance company and their employer or a private plan. Mistakes made by the insurer regarding a long-term disability should not affect other coverages and policies, like a life insurance policy.
• Followed by the insurance company while on LTD: Insurance companies are within their rights to implement surveillance in order to determine the level of activity of their claimants. Insurers are obligated, however, to inform claimants if surveillance is the reason for denial or cut off from disability benefits. Courts often do not take surveillance footage into account by the insurance company in determining a legal claim.
• Employer influencing long-term disability: Claimants that apply for disability benefits have to submit a form that is from their employer. The job title, description, earnings, etc. and other critical information must be provided by an employer to the insurer. The information provided could influence the approval or denial of LTD. It is important for claimants to ensure that the information provided to the insurer is consistent.
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    Employment issues and LTD
• Continuously considered disabled from working: Claimants who have sustained a serious injury and are unable to work typically begin short-term disability before a transition to long-term disability. Some disability policies state that claimants must be totally disabled during the entire period of time from short to long-term disability. Claimants should not return to work unless they are cleared to do so by their treating doctors.