3 Things your doctor can do to help your LTD claim | Disability Law Show TV – S4 E15

Episode Summary

3 THINGS YOUR DOCTOR CAN DO TO HELP YOUR LTD CLAIM on Season 4 Episode 15 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

On long-term disability and worried about surveillance

I’m 47 years old and I am currently undergoing treatment for breast cancer. I’m on LTD for several years. I noticed that someone appears to be surveilling me outside of my home. Can the insurance company invade my privacy like this?

• Surveillance while on disability leave: Insurance companies are within their rights to surveil claimants however there are limits to the level of surveillance they can impose. Claimants should note that those hired to surveil their daily life are not permitted to take pictures of claimants inside their homes, and are not permitted to interact with them. Insurance companies often use surveillance that is gathered to create a case to deny or cut off benefits.

LTD benefits cut off after attending an independent medical assessment

I was approved for disability benefits last year. Recently my insurer told me I had to see their neuropsychologist for an assessment. Weeks later my benefits were cut off. My counsellor, psychiatrist and my family doctor agree I should not be working. What can I do?

• Motivation for an assessment: Insurance companies often use assessments at their disposal to cut claimants off of benefits. Independent medical examinations are permitted however, claimants should remember that the assessors effectively work for insurance companies. Independent assessors are typically selected by insurance companies to give medical information contrary to the claimant’s treating doctors. A disability lawyer can demand a copy of the assessment to give to the treating medical team who are given more credence by the courts.

3 Things your doctor can do to help your LTD claim

•  Provide a report explaining your disability: It is critical for claimants when applying for long-term disability, to have their treating medical team be explicit about the limits and functionality of their condition. Updated medical information is vital in getting approval for LTD. In some cases, doctors are unaware of the specific language and terms needed in a report for a claimant’s application.
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    Doctor’s reports and LTD
• Confirm participation in treatments: It is key for a claimant to be seeking treatment as most disability policies stipulate a claimant has to participate and undergo reasonable treatment in order to continue to receive benefits. In some cases, issues can arise regarding treatment and medication. Claimants need to work out the best system of treatment with their medical team in order to improve their condition. Doctors can give details to the insurance company on the claimant’s treatment plans.
• Comment on how long you may remain disabled: While it is not necessary to provide an insurance company with a diagnosis, however, a prognosis does strengthen an individual’s claim. Doctors can state that the prognosis can be reevaluated at a later date. Insurance companies should not be left in the dark without a general time frame.

Earning money from a side business while on LTD

I have an online business and a full-time job. I suffered an injury recently and my doctor recommended that I apply for LTD. Can I still earn money from my business while I collect long-term disability benefits?

• Sources of income and disability benefits: Some disability policies stipulate that if a claimant is able to receive external income, the insurance company will receive a deduction. Claimants in these situations could receive fewer disability benefits as a result. In some cases, disability policies do not permit claimants to receive any external compensation without the insurance company’s permission. Situations that are unusual will also ensure the insurance adjuster pays closer attention to a claimant’s daily habits.

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Previous Episode: Disability Law Show S4 E14 – 5 Ways to Improve the Likelihood of Successful LTD Application