3 Things people need to do if struggling to work due to depression | Disability Law Show TV- S3 E11

Episode Summary

THREE THINGS PEOPLE NEED TO DO IF STRUGGLING TO WORK DUE TO DEPRESSION 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

Psychologist with patients on long-term disability

I’m a psychologist with many patients applying for long-term disability. When I’m notified about an independent medical assessment by an insurer and my patient is considered no longer disabled, is there anything I can do?

Sivan explains that patients should contact a disability lawyer as soon as their claims have been denied or their benefits have been cut off.

Segment starts at 1:10

EMAIL: Benefits cut off due to no evidence of disability

I had surgery to correct my problem with double vision, but that only made the pain in my eye worse. I tried working for a year but my condition worsened. I went on LTD but was soon cut off when the insurer’s doctor said there was no “objective medical evidence” of my disability.

Sivan explains that objective medical support for chronic pain and certain medical health conditions is not rooted in reality. Most long term disability policies do not require an “objective” medical test to prove a disability.

Segment starts at 7:02

3 Things people need to do if struggling to work because of Depression

1️⃣ Don’t ignore it. Speak with your doctor and get a referral to a mental health professional

The right person for treatment is important. While family doctors are helpful, they are not mental health specialists, and claims in which a specialist is helping are generally stronger.

Segment starts at 12:35

2️⃣ Follow prescribed treatments (psychotherapy sessions, medications, etc.)

Insurance companies often deny LTD claims or cut off benefits if they conclude that a claimant is not following prescribed treatments.

Segment starts at 15:13

3️⃣ Apply for STD/LTD if you have such coverage private or through work

Most people are unaware that they have disability coverage through benefits at work. If an employee is disabled from working and they don’t have coverage from work, seek private coverage.

Segment starts at 16:55

Returned to work but my condition worsened

My wife began receiving disability benefits shortly after being diagnosed with breast cancer. As her health improved, her medical team discussed a gradual return to work. When the insurance company got wind of that, they cut off her benefits. A few months later, cancer returned, and she is now back in treatment, with no return date. Should she appeal the insurer’s decision?

Sivan explains that in this situation pursuing an aggravated and punitive claim for damages as well as a regular disability legal claim. An insurer should always consult with a claimant’s medical support. It is important to contact a disability lawyer as appeals are rarely successful.

Segment starts at 21:08

An accident after a disability claim is denied

I’ve been off work on stress leave for the past few months due to anxiety and depression. I was denied disability benefits as the insurer said there wasn’t enough evidence of a disabling condition.  I was also rear-ended last week and injured my neck and back. My auto insurance is offering to pay for some therapy. Does this affect my claim?

Personal Injury and disability as well as employment law often intersect. Once a legal process has begun, all insurance parties involved are contacted. In some situations, there could be multiple claims that should be filed. Insurers often claim there is insufficient documentation available as they want a claimant to give up.

Segment starts at 23:55

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Next Episode: Disability Law Show S3 E12 – 3 Reasons individuals on LTD should apply for CPPD

Previous Episode: Disability Law Show S3 E10 – 3 Things you shouldn’t ask your doctor to do if you’re disabled