Disability Law Show: Ontario – S5 E29

Episode Summary

What is considered income while on long-term disability benefits? Disability lawyers and Partners 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.

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Show Notes

• Dispute with a disability insurer: Many people are wary of filing a legal claim against an insurance company due to misconceptions about the process. Once a claim has been filed to pursue disability benefits, the entire process is resolved typically within ten to twelve months. After a disability lawyer is retained, the insurance company can no longer contact a claimant directly. Claimants no longer have to undergo additional stress when communicating with an insurer.
• Selling a house while on disability benefits: Most disability policies will contain provisions that specify what is considered income and can affect disability benefits. The sale of a home would only be considered income if this is a form of business for claimants, such as renovating or flipping homes.
• Terminated due to frustration of contract: After a long period of time and an inability to work in the future, employees can be let go due to a “frustration of contract”. This is an employment legal term that ensures an employee is owed minimum severance entitlements. There has to be a medical basis in order to trigger a “frustration of contract”. Claimants that are medically cleared to work but with restrictions should speak to an employment lawyer. If claimants are still unable to work, not only in their own occupation but any occupation, should continue to receive benefits.
• Benefits continue past the change of definition: After two years on long-term disability leave, claimants will experience a change in definition period. Approval after the “any occupation period” can be placed on a long duration. This ensures that the adjudication will not be as active as other claims. Being placed on long duration often occurs when a claimant has also received approval for CPP Disability.