3 Things to ask your disability lawyer before you hire them | Disability Law Show TV – S4 E16

Episode Summary

3 THINGS TO ASK YOUR DISABILITY LAWYER BEFORE YOU HIRE THEM on Season 4 Episode 16 of the Disability Law Show with disability lawyer and national co-managing 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, British Columbia, or Alberta, on the only disability law show on TV and radio in Canada.

Episode Notes

Disability benefits are cut off by using selective language from doctor

I’m an office manager and suffer from severe anxiety and depression and have been on LTD for almost 2 years. My psychologist provided an updated report to my insurer stating that I am still unable to work but that I have improved. This report has led to my benefits being cut off. What can I do?

• Detailed in a medical report: In some cases, insurance adjusters pick selective terminology and language used by a claimant’s treating doctors and medical team. It is also important to remember that at the two-year mark, the test in order to qualify for LTD changes from an inability to perform in a claimant’s own occupation to any occupation. Claimants in this case should speak to their doctor and ask for a more concise report to be given to their insurance adjuster. Ultimately, claimants should listen to their doctors and speak to a disability lawyer if their benefits have been cut off.
  • WATCH TO LEARN MORE
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Wait to call a disability lawyer or be proactive

I’ve been on long-term disability through an insurance company. They just sent me an envelope with a bunch of paperwork that my doctor must fill out. Should I contact a lawyer at your firm now, or should I wait until they cancel my benefits to call you?

• Confusion in filing a disability claim: It is important for claimants to contact a disability lawyer as soon as they feel uncomfortable or unsure of their next steps. Claimants can feel overwhelmed and pressured by insurance companies or are unaware of their rights and wait to be denied or cut off from LTD. Waiting can cause additional stress and financial hardship for claimants. Claimants who are disabled from working and have their doctor’s support should continue to receive LTD.

3 Things to ask your disability lawyer BEFORE you hire them

• Does the insurance company owe me compensation: Claimants need to ask a disability lawyer whether or not a claim is worth pursuing. It is important for claimants to receive clear legal advice regarding their situation and be given a diagnosis regarding their own case. While not every case is clear-cut, claimants should be wary of disability lawyers giving vague and unclear advice.
• The firm’s experience with long-term disability claims: It is vital for claimants to research the reputation of the disability lawyer representing them and fighting for their benefits. Individuals can often be led astray or given inaccurate legal advice if they seek out the wrong type of lawyer or inexperienced lawyers. Insurance companies are not interested in ongoing legal battles as they are expensive and generally do not want to prolong the process with respected and reputable disability lawyers.
• Expectations once the legal claim starts: It is very important for disability lawyers to keep their clients up to date on ongoing claims. Communication is key throughout the legal process. Disability lawyers should explain the entire process to claimants and give them an idea of what to expect and what to do or not do.

Denied LTD despite PTSD as a result of a toxic work environment

I experienced ongoing harassment from a colleague at work which has resulted in PTSD. Despite the support of a psychiatrist, I was denied disability benefits. The insurance company believes my mental illness does not meet the threshold of what they consider to be PTSD. How is this possible?

• Generalized mental health condition: Often the denial letters that claimants receive outline the threshold of what is considered to be disabled in the disability policy. Insurance adjusters will often use the term “total disability” to confuse claimants and doctors. Claimants who have a medical team that supports the fact that they are unable to work, and are given a diagnosis, should receive disability benefits. Insurance companies hope that claimants will walk away from benefits that are owed to them. Claimants should speak to a disability lawyer to determine their options and next steps.
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Previous Episode: Disability Law Show S4 E15 – 3 Things your doctor can do to help with your LTD claim