3 Key things claimants with Parkinson’s need to know | Disability Law Show TV – S4 E18

Episode Summary

3 KEY THINGS CLAIMANTS WITH PARKINSON’S DISEASE NEED TO KNOW on Season 4 Episode 18 of the Disability Law Show with disability lawyer and national practice leader, James Fireman.

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

Episode Notes

Difficult receiving treatment leading to the end of benefits

What can I do if I’m on LTD but I can’t go to my prescribed treatment? I have to self-isolate due to exposure to COVID-19.

• Complying with policy terms: Insurance disability policies often state that no matter the disability of a claimant, it is imperative that claimants continue to receive and seek treatment for their disability. For claimants who are unable to get their treatment for whatever reason, it is critical that the claimants document why they are unable to do so. Many claimants have had difficulties seeking treatment during the pandemic due to ongoing restrictions and public health regulations. Insurers can’t insist that claimants seek treatment from a specific individual or a prescribed medication if the advice is in conflict with a claimant’s own medical team.

Do you have to hire a disability lawyer?

If a person on long-term disability is informed they have been cut off or no longer qualify for benefits after more than 2 years, do they have to hire a disability lawyer?

• Hiring a disability lawyer: While it is not impossible for claimants to recover their benefits on their own without legal aid, the task does become much more difficult without the help of a disability lawyer. Claimants are often encouraged to appeal a denial of long-term disability benefits however the process is rarely effective. By hiring a disability lawyer, claimants reclaim more influence and power with the insurance company.
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    3 Things to ask your disability lawyer BEFORE you hire them

3 Key things that disability claimants with Parkinson’s Disease need to know

• Denied LTD for claimants with Parkinson’s: Progressive diseases, like Parkinson’s Disease, are going to progress in severity over time. Insurance companies are aware of the fact that it will be extremely difficult to cut off a claimant’s benefits who have a progressive disease.
• Seek and continue undergoing treatment: It is required under most disability policies for claimants to seek and continue to seek treatment as a result of their disability. There are situations in which a claimant is clearly never going to be able to return to work however, claimants in these situations should speak to their treating medical team for advice. Treatment for some claimants can still be better for the short term and can help claimants maintain some functionality.
• Talk to a disability lawyer immediately: It is important for claimants to seek legal advice and begin a legal claim as soon as possible in order for their benefits to begin as soon as possible. Claimants who wait to start the legal process could potentially have no income and could experience continued financial difficulties.

Cut off of LTD at the two-year mark despite CPPD approval

My husband began collecting short-term disability after he was unable to work and was later granted LTD. At the two-year mark, he was cut off despite approval for CPPD. We spoke to a lawyer who informed us it would cost us more than he would receive to fight it. Does that make sense?

• CPP Disability benefits: Most disability lawyers work on a contingency fee retainer in which the disability lawyer is only paid if the legal claim is successful against the insurance company on a percentage basis. Contingency fee retainers are often used for disability claimants as they are already experiencing financial difficulties and might not have any income as a result of their inability to work. Contingency retainers ensure that the interests of the client, as well as the disability lawyer, are aligned. Disability lawyers working on a contingency rate will try their best to resolve a legal claim as soon as possible.
  • LEARN MORE
    CPP Disability and Long-term Disability Benefits

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Previous Episode: Disability Law Show S4 E17 – Navigating a disability claim denial for anxiety disorders