3 Benefits of applying for CPPD while on LTD | Disability Law Show TV – S6 E17

Episode Summary

3 BENEFITS OF APPLYING FOR CPPD WHILE ON LTD on Season 6 Episode 17 of the Disability Law Show with disability lawyer, National practice leader and Partner James Fireman, and disability lawyer and Partner Tamar Agopian.

Watch above to discover the steps you must 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

Told to seek accommodations at work while on LTD

I have a degenerative back condition. I was receiving accommodations at work from my employer. Eventually, I had to go on disability leave. I was initially approved for LTD. After 18 months, my insurer informs me I can return to work and my benefits will be cut off as I can receive accommodations at work. What can I do?

• Failure to consider work history: Insurers must act in good faith with disability benefits claimants. Individuals with functional limitations do not have many options for employment. Insurers cannot ultimately determine when an employee can work and must adhere to the advice given by a claimant’s medical team.

Surveillance leads to cut-off from LTD

I had a bad slip-and-fall accident that left lingering injuries. I couldn’t do my job, so I went on LTD. The insurance company just called to say they had me under surveillance and saw me walk ‘normally’ when going to a store. I still have trouble walking and use a cane. Are they going to cut me off?

• Surveillance implemented by insurer: Surveillance footage often does not provide important context and details regarding a claimant’s disability and daily life. Individuals on disability leave worried about surveillance should continue to be honest and follow recommended treatment. Surveillance is rarely deemed significant enough for courts to deny benefits.
• Slip and fall accidents: Individuals who have experienced injuries due to a slip-and-fall accident or negligence can file a personal injury claim. Awards damages could result in other means of compensation.

3 Benefits of applying for CPPD while on LTD

• If approved, it can strengthen an LTD claim: Those paying into CPPD while employed can apply for the federal program if unable to work. Approval of CPP Disability can strengthen a long-term disability claim as the test to qualify is more difficult to pass than LTD.
  
• Help if your LTD benefits are cut off: Approval for CPPD can provide benefits if long-term disability benefits are cut off. In the event of a legal claim, a disability lawyer can use the approval of CPPD benefits as leverage.
  
• Protects you from unnecessary deductions: Most disability policies contain a provision that allows insurers to deduct benefits based on an estimate of CPPD approval. Claimants should note that CPPD benefits are typically taxable.

Doctor’s notes for the claimant on LTD

I am currently on LTD. My doctor recorded completely different information in my medical records than we discussed. His notes from my latest appointment say I was feeling better. I did not state that my back pain had lessened. Should I suggest he speak to a disability lawyer?

• Communications between a doctor and insurer: Treating doctors and specialists are often unaware of the specific language necessary for continued approval of disability benefits. Doctors can and should seek out legal advice from disability lawyers to determine what information is necessary in their reports.

PREVIOUS EPISODE: Disability Law Show S6 E16 – Guide to disability benefit denials