Disability Law Show: Ontario – S5 E42

Episode Summary

When does the change in definition period occur while on long-term disability benefits? Disability lawyer and Partner Tamar Agopian at Samfiru Tumarkin LLP answer 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.

Listen to the Episode

Show Notes

• Disability arises from an injury sustained at work: Significant injuries that occurred in the workplace can lead to long-term health conditions and an inability to work. Some claimants can work for a period of time before their condition deteriorates and their doctors advise a halt to work. Insurers claim that individuals who are able to work initially with accommodations are not disabled. It is very important for claimants to continue to follow the medical advice from their own doctors, despite pressure from an insurer.
• Waiting for treatment while on LTD: After the first two years on long-term disability leave, a change in the definition of disability occurs. Claimants have to prove they are disabled from working in any occupation, as opposed to just their own. It is the insurer’s responsibility to find comparable positions for claimants after two years if they are able to work in some capacity.
• Claiming disability benefits due to ongoing conditions: It is important for individuals to listen to the advice of their treating doctors. Disability claims can be filed for a sole medical condition, or several. Claimants that choose not to follow a recommended treatment plan from their doctors could face difficulty in receiving disability benefits. Most disability policies require claimants to follow reasonable treatment recommendations in order to qualify for benefits.
• Secondary appeal after denial of benefits: The appeals process is rarely successful and it is not advisable to file an appeal after a denial of disability benefits occurs. Appeals are conducted by the insurance company and are not viewed by an objective third party. It is far more beneficial to file a legal claim in order to receive disability benefits.