3 Reasons individuals on LTD should apply for CPPD | Disability Law Show TV – S3 E12

Episode Summary

THREE REASONS INDIVIDUALS ON LTD SHOULD APPLY FOR CPPD on the Disability Law Show with disability lawyer and partner Sivan Tumarkin.

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 or British Columbia, on the only disability law show on TV and radio in Canada.

Episode Notes

The insurer’s psychiatrist says I’m not disabled enough

My benefits were cut off despite having a mental health condition and my psychiatrist’s support. My insurer sent me to one of their own doctor’s and they deemed me not disabled enough and my condition has worsened.

Sivan explains that it is important to contact a disability lawyer in situations such as these as insurance adjuster’s do not want to deal with the possibility of punitive damages.

Segment starts at 1:15

CALL: Retirement and long-term disability policies

I’ve worked in a factory for 20 years and have been diagnosed with lupus. Lately, I have experienced pain in my lower back and knees, made worse by my rigorous work duties. I have been pushing my doctor for tests, or at least a doctor’s note for my employer. I may even consider retiring.

Sivan explains that in some situations, for individuals who are on long-term disability, choosing to retire could affect their benefits. It is important to closely look at the disability coverage offered by your employer.

Segment starts at 6:52

3 Reasons individuals on LTD should apply for CPPD

1️⃣ The process to be considered disabled by CPPD is a more severe definition of disability

The requirements for CPPD are that an individual’s disability must be severe and prolonged. These qualifications are harder to meet than what is considered disabled for long-term disability policies.

Segment starts at 12:09

2️⃣ If you’ve been approved for CPPD it is harder to cut off LTD benefits

If an individual receives CPPD, although it is possible, it is harder for an insurer to cut off long-term benefits as CPPD is the federal government’s approval.

Segment starts at 13:14

3️⃣ If you are cut off LTD, you will have CPPD while we fight for your LTD

CPPD payments can help sustain individuals while awaiting for long-term disability benefits. Not applying for CPPD can also result in less benefits as an insurer could take into account the amount an individual would potentially receive from CPPD.

Segment starts at 14:37

Cut off from benefits as doctor says I’m not “totally disabled”

My doctor has told me repeatedly that I can’t work due to fibromyalgia, fatigue, and severe anxiety. He confirmed as much with the insurance company. However, my insurer has cut off my benefits because they claim that my doctor told them I wasn’t totally disabled. If my doctor says I can’t work, shouldn’t that be enough.

Sivan explains that in many cases individuals have already contacted their doctors and received reports detailing their condition when they are cut off from benefits or denied. Doctors simply have to explain why a claimant is unable to do the necessary tasks at work outlined by policy for the first two years.

Segment starts at 18:32

Refusal to attend an independent assessment

I have been on LTD for over 3 years from a traumatic brain injury suffered outside the workplace. I subsequently have been diagnosed with depression and chronic migraines. My new case manager has informed me that I must attend a one-time assessment by an OT or physiotherapist. Can I refuse these tests?

Individuals cannot refuse assessments requested by the insurer. A refusal could mean a breach of policy terms and the insurer could have reason to cut off benefits.

Segment starts at 24:15

Cut off from benefits due to diagnosis

I went off work due to extreme anxiety last year before I was diagnosed with Giant Cell Arteritis, which is an autoimmune disease and my doctors have told me this is what is responsible for my condition. The medication I’m on is causing all kinds of side effects. However, the insurance company denied my claim because my doctors aren’t treating me specifically for anxiety. Does the diagnosis matter?

Ultimately a diagnosis does not matter as at times an individual can have multiple health conditions and it might not be apparent as to what specifically is causing a disability and ensuring they are unable to work.

Segment starts at 26:40

Click Here For More Information About COVID-19 and Your Rights

Next Episode: Disability Law Show S3 E13 – Myths that LTD insurers want you to believe are true

Previous Episode: Disability Law Show S3 E11 – 3 Things people need to do if struggling to work due to depression