Disability Law Show: Ontario – S5 E03

Episode Summary

Do claimants have to attend medical assessments requested by their insurer? 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

• Progressive health issues and LTD: Some individuals with progressive health conditions are aware of the fact that their condition has no cure and as time passes, will increase in severity. Treatment is provided in order to offer support for a condition that cannot cure it. Insurance companies will often deny claimants with progressive health concerns as at one point, they were able to work. Courts have acknowledged the importance of the context to progressive health claims.
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• Attending an assessment requested by the insurer: Claimants have a duty to cooperate with the efforts made by the insurance adjuster. An analysis determining what a claimant is capable of is an ongoing process. Claimants should participate in assessments and understand what the adjuster is looking for in an occupational treatment provider.
• Union members and long-term disability benefits: Unionized members can be assisted by disability lawyers in many situations. This is important to remember as often union members are unaware of this fact and are instead persuaded to appeal a denial of benefits. Appeals are rarely successful and often waste valuable time. It is far more beneficial to seek the advice of a disability lawyer and pursue a legal claim.
• Releasing medical notes from the treating doctor: It is important to provide as much relevant information to the disability insurer as possible would be beneficial for a disability claim. Often with mental health claims, there are concerns around full disclosure of a treating professional’s notes.