Top 3 reasons you should hire a disability lawyer | Disability Law Show TV – S5 E29

Episode Summary

TOP 3 REASONS YOU SHOULD HIRE A DISABILITY LAWYER on Season 5 Episode 29 of the Disability Law Show with disability lawyer and National Co-Managing Partner Sivan Tumarkin.

Watch above to discover the steps you need to take when the insurance company cuts off or denies your long-term disability claim anywhere in Canada, on the only disability law show on TV and radio in the country.

Episode Notes

Communicating with difficult insurers

I’ve been sending my psychiatric notes to my insurer. I’ve been diagnosed with PTSD and a major depressive disorder. Is there any hope that the medical reports will dissuade my insurer from constant update requests?

• Difficulty providing updates to the insurer: Claimants struggling with a mental health claim can often find communicating with their insurance adjuster to be stressful. Despite this, most disability policies require claimants to be open and honest while on claim. Insurers have a right to request updates, within reason, regarding a claimant’s medical prognosis and continued inability to work. Claimants should ensure all communication with their insurer is documented in writing.

Denied disability despite anxiety disorder

My sister’s long-term disability claim was recently denied. She’s on debilitating medication for panic attacks and a severe anxiety disorder. We don’t understand the reason for the denial, and the insurer is encouraging her to appeal. Is this her best option?

• Mental illnesses and disability claims: Despite the growing awareness of mental health and illnesses, many claims are still denied by disability insurers. Mental illnesses such as depression and anxiety, can be debilitating and prevent an individual from being able to work.
• The appeals process and disability benefits: The appeals process is rarely successful due to the closed nature of the process. Appeals are conducted by the insurance company and not an objective third party. It is far more beneficial for claimants to file a legal claim, than an appeal.

Top 3 reasons you should hire a disability lawyer

• Communication with the insurance adjuster: Communicating with an insurance adjuster can cause significant stress for claimants and prevent them from working on their health. Once a legal claim has been filed, the disability lawyer takes over all communications with the insurance adjuster. This ensures claimants can instead focus on recovery.
• Provide all necessary documentation: Insurance adjusters are obligated to provide all necessary documentation and files to the disability lawyer once a claim has been filed. Often, disability insurers do not provide reports to claimants. The disability lawyer can comb through files in order to determine if any mistakes have been made by the insurers.
• Where the insurance company has erred: Insurance adjusters are obligated to operate in good faith with claimants. Despite this legal obligation, at times insurers behave in an inappropriate manner that can cause further stress to claimants. By filing a legal claim, a disability lawyer can determine where and how the insurer has erred and possibly pursue punitive damages.

Accommodation requests denied by employer

My doctor believes I am ready to return to work but with restrictions and on a part-time basis. After speaking to my boss, he doesn’t think he can accommodate my requests. If I lose my job, will my benefits be cut off?

• Loss of employment and LTD: Employees should return to work only with the clearance of their treating doctors. For those able to return to work, with restrictions, their employers must accommodate their restrictions. A failure to accommodate an employee can be considered a human rights violation. Claimants that are unsuccessful in returning to work should be able to resume benefits due to a recurrence clause. It is incredibly vital for claimants worried about their employment rights to speak to a lawyer well-versed in both employment and disability law.

Pushed for an independent exam

I was asked to attend an assessment by my insurer after being on LTD for almost 6 months. I’m waiting for treatments to begin for a herniated disk that is causing extreme pain. I’m unsure why I’m being pushed for another examination. Can I refuse this request?

• Terms of a disability policy: Claimants must continue to follow the terms outlined in their disability policy. Most disability policies require claimants to attend an independent medical assessment if requested. In some cases, claimants are able to refuse a request if there have been multiple IMEs in the past, and they are still unable to work.
  

PREVIOUS EPISODE: Disability Law Show S5 E28 – What to know about Invisible medical conditions and LTD