Sivan Tumarkin on COVID-19 Long-Haulers and Disability Claims

As the pandemic continues and more Canadians contract the COVID-19 virus, some are experiencing debilitating symptoms. While many individuals are able to return to a state of normalcy, others have had to adjust and are not able to return to work.

Sivan Tumarkin, a Toronto disability lawyer and co-founding partner at Samfiru Tumarkin LLP joins Bill Carroll on the Morning Rush on 580 CFRA to discuss COVID-19 patients and long-term disability claims.

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Partner Albert Klein delves further into long-term disability rights for COVID-19 long-haulers.

What They Discussed

Are long term disability claims from COVID-19 long haul patients common?

It is becoming common as many patients are facing both the physical and psychological effects of having COVID-19 symptoms and many insurance companies are denying claims and directing individuals instead, to the government wage subsidy programs.

Are mental health claims more difficult to prove to insurance companies?

Psychological claims are more difficult to prove however many of the individuals filing claims are seeking treatment and have their doctor’s support. These claims are growing in frequency as the pandemic continues.

Will COVID-19 long term claims be difficult to prove as it is still a relatively new virus and condition?

Patients that have their doctor’s support and can confirm they are experiencing symptoms are owed benefits by their insurers.

Is it to be expected that insurers are skeptical of COVID-19 long haul claims?

While some people do take advantage of their disability policies,  insurance companies seem to be viewing the new claims that are coming in as a result of COVID-19 and denying the majority of them.

Can an employer act on behalf of their employee in regards to their disability claim?

Employers do have the ability to interview if they want too however there is no legal obligation to intervene. Typically, employers are a third party, however, and remain neutral.

Can insurance companies bring in their own physicians to verify a claim?

Insurance companies have the right to have a claimant assessed by their own medical examiners. Ultimately, the physician that is hired by the insurance company is paid by the insurer and rarely agree with a claimant’s own treating doctor.

Will this be an important case if it goes to court for COVID-19 disability case law?

This is an important case however there are many individuals experiencing long-haul COVID-19 illnesses as well as others.