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

Episode Summary

THREE  THINGS YOU SHOULD NOT ASK YOUR DOCTOR TO DO IF YOU HAVE A DISABILITY 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

Mental health during COVID-19

I’m a nurse and my mental health has worsened during the pandemic and I applied for LTD and was denied. What should I do?

Segment starts at 1:08

EMAIL: Benefits cut off as adjuster says I can do other work

I just got a letter this week saying that my benefits will end in a few months. When I called my adjuster he said that I’m only getting LTD for 2 years because I can do another type of work, but that is not true. I have PTSD and take medications. Most days I can’t function. My wife left me last year and I moved in with my folks. I’m afraid that when LTD ends, I won’t have any income and I don’t know what to do.

Sivan explains that this decision is considered arbitrary and many denials or cutoffs typically happen around the two-year mark. It is important to contact a disability lawyer before your benefits end.

Segment starts at 6:35

3 Things you shouldn’t ask your doctor to do if you have a Disability

1️⃣ To provide you with a report containing falsified or inaccurate information

It is important to be truthful to the insurance company.

Segment starts at 11:09

2️⃣ To state you can return to work if you are not able to do so

A doctor may comply with a patient’s demands despite the fact the patient is not ready to return to work. If the return to work is unsuccessful, going back on disability benefits will be harder.

Segment starts at 12:22

3️⃣ To undervalue the extent of your disability

Doctors should be as truthful and detailed as possible in their reports to the insurance company. Doctors often ask individuals for their own symptoms, and they themselves under-report their own condition.

Segment starts at 17:09

My employer says they don’t have an LTD program

My psychiatrist has recommended that I go on LTD following a mental health crisis. I have informed my employer and they responded that they do not have an LTD program despite it being on my employment contract. My employment contract states that I am eligible for LTD after the successful completion of my probationary period. I have let them know this and have not heard a response in 2 business days. What should I do?

Sivan explains that the individual was falsely led to believe they were covered through their employer and so did not seek private insurance coverage. The employer in this situation will be responsible and the individual should contact an employment lawyer.

Segment starts at 20:50

EMAIL: Debilitating back injury but considered not “totally disabled”

I’ve worked in the auto industry all my life. I had an accident a few years ago and since then my back has been in bad shape. I’ve had 2 surgeries and can’t sit/stand for more than 10-15 minutes at a time. I was on long-term disability but just recently I was cut off because my insurer said that I am not “totally disabled” and can do other work. I can’t get a job with my current restrictions earning anything close to my previous salary. What are my options?

The phrase “totally disabled” is typically used by insurance companies in order to confuse individuals applying for benefits. In the context of long-term disability, totally disabled means that an individual is not able to do the basic functions of their job.

Segment starts at 23:28

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

Previous Episode: Disability Law Show S3 E9 – 3 Things your doctor can write for LTD approval