3 Common myths about surveillance and LTD | Disability Law Show TV – S6 E13

Episode Summary

3 COMMON MYTHS ABOUT SURVEILLANCE AND LTD on Season 6 Episode 13 of the Disability Law Show with a disability lawyer, national practice leader and Partner James Fireman.

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

Disability deemed a workplace issue

My long-term disability claim was denied as my disability was the result of a workplace issue. What options do I have?

• Generalized conditions and situational: Insurance companies often deny claims on the basis that a medical condition arose as a result of a workplace issue. The cause of a disability is irrelevant as long as a disability is considered generalized and not situational. Mental health claims are often denied on the basis that they are due to a toxic workplace.
  

Concussed but denied LTD

My sister has been denied LTD despite a severe concussion. She has been off work now for almost a year and has been paying for all treatment expenses out of pocket. She’s being invited to appeal. Does she have any other options?

• Invited to appeal by disability insurer: It is far more beneficial for claimants to file a legal claim than an appeal. The appeals process was not created to assist claimants but to ensure the insurer remains in control. Appeals are rarely successful and waste valuable time for those who could pursue legal action instead.

3 Common Myths about Surveillance and LTD

• Hire an investigator to conduct surveillance: It is a myth that insurance adjusters will always implement surveillance once an individual is on long-term disability benefits. Insurance adjusters typically do not want to make unnecessary expenses, such as hiring a private investigator.
• Running common errands: Those on long-term disability benefits should continue to follow the advice of their treating medical professionals. This includes daily partaking in daily activities and errands. Claimants’ ability to undertake recommended treatment should not reflect poorly in surveillance footage.
• Denies your benefits because of surveillance: Claims and benefits can be denied based on surveillance. Insurers will use what they state is evidence to deny benefits even though what they have witnessed is often taken out of context. Cherry-picked footage is not considered significant once a legal claim has been filed.

Failed to return to work due to severe back pain

I was told to apply for LTD after 4 months off work on STD. My GP believes that it won’t be approved despite support from my chiropractor who has stated I have scoliosis. I attempted to return to work but only lasted a few days due to severe pain. What can I do?

• Short-term disability and long-term leave: The test to qualify for short-term disability benefits and long-term disability benefits is initially very similar. In some cases, the insurance company for short-term benefits and long-term benefits are the same. An approval for short-term benefits but a denial for LTD would be hard to justify for the insurance company.

PREVIOUS EPISODE: Disability Law Show S6 E12 – How your doctor can help your LTD application