3 Key questions about LTD and employment issues | Disability Law Show TV – S5 E03

Episode Summary

3 KEY QUESTIONS ABOUT LTD AND EMPLOYMENT ISSUES on Season 5 Episode 03 of the Disability Law Show with disability lawyer and national co-managing Partner Sivan Tumarkin. and disability lawyer and Partner Tamar Agopian.

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

Episode Notes

Benefits cut off after almost decades of LTD

After almost 2 decades on long-term disability, I have a new adjuster on my file that is reviewing my benefits and believes my benefits will finally end. How is this possible?

• LTD benefits cut off after new adjuster takes over file: It is very odd after decades of benefits for a claimant to be under review. Claimants should not have their benefits cut off before a comprehensive review is conducted. Claimants that are unsure of what they are being told by their insurance adjuster can and should seek legal advice from a disability lawyer.

Cut off of LTD benefits at the two-year mark

I have been on LTD for almost 2 years. I’m aware that many people have their benefits cut off at this point. I was also just recently denied CPP Disability (CPPD). Will this affect my claim?

• Two-year mark of a long-term disability leave: At the two-year mark the test in order to qualify for long-term disability benefits changes from an inability to work in a claimant’s own occupation, to any occupation which they have the training and skillset for.
• CPPD benefits while on LTD: Often long-term disability policies and insurers will ask or require claimants to apply for CPPD benefits. CPPD benefits are a government program and those that qualify have a severe and prolonged disability. A denial of CPPD should not influence an LTD claim however in some cases it can.

3 Key questions about long-term disability and employment issues

• Denied LTD if disability arises as a result of a workplace issue: Many claimants with mental health illnesses can often experience a severity of symptoms as a result of a workplace issue. Individuals that are working in a toxic work environment may not be applicable for LTD benefits if a claimant’s primary issue is their workplace. At times, a situation can trigger a generalized psychological condition.
• The insurance company cuts off LTD but my employer won’t allow a return to work: Ultimately an employer does have a duty to accommodate a claimant’s health restrictions in order to be able to work. Employers ahve to make a reasonable effort to accommodate an employee’s return to work. Employers that refuse to allow claimants to return to work, the employers will be exposed to further legal action. Claimants should ultimately listen to the advice of their treating doctor regarding a return to work.
• LTD benefits end if terminated: Disability benefits should not end as a result of a termination of employment or if a company closes. Claimants should continue to receive benefits if they were disabled at the time of employment.

Insurance adjuster calls lead to increased stress

My adjuster asks for updates on my depression and anxiety and stressors. Her follow-up calls are increasing in frequency. Can I refuse to continue communicating with her as I feel it is adding further stress and impacting my health?”

• Dealing with a difficult adjuster: Insurance adjusters are obligated to operate in good faith with claimants. It is important for claimants to ensure all communication with the insurance adjuster is documented in writing. It is important to have documentation in the event of a legal claim in the future. Claimants do have an obligation to update adjusters on their current condition and ensure all medical reports are up to date.

PREVIOUS EPISODE: Disability Law Show S5 E02 – 5 Major facts about LTD benefits