Disability Law Show

5 Common Questions About LTD and CPP Disability | Disability Law Show TV – S3 E21

Episode Summary

5 COMMON QUESTIONS ABOUT LTD AND CPPD on Season 3 Episode 21 of 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,  British Columbia,  or Alberta, on the only disability law show on TV and radio in Canada.

Episode Notes

“Coronaphobia” affecting Canadians

I have a lot of anxiety regarding COVID-19 and it’s preventing me from being able to work properly. After applying for LTD due to the anxiety I was denied. What should I do?

Many insurers have been denying LTD claims based on Coronaphobia as they claim there is no diagnosis and it’s a new condition. This is however irrelevant as most insurance policies are only concerned with symptoms that prevent an individual from being able to work.

Segment starts at 1:08

COVID-19 long-hauler symptoms can’t return to work

About five weeks ago I had all the symptoms of COVID-19. Now I have a little bit of memory loss, taking ten pills a day and was in the hospital. I’m on short-term disability I’m wondering if I have a case. I even went for the breathing test.”

Sivan explains that it is important for individuals who are on short-term disability to consider if they are able to return to work and if their symptoms are still preventing them from performing basic functions for their job. Many Canadians have felt the effects of COVID-19  long after they are no longer positive, and are unable to return to work, they are considered COVID-19 long-haulers and are eligible for LTD.

Learn More
LTD Claims for COVID-19 Long-haulers
COVID-19 Long-haulers denied LTD
Sivan Tumarkin on COVID-19 long-hauler claims

Segment starts at 7:46

5 Common Questions about LTD and CPPD

1️⃣ Are LTD and CPPD the same thing?

CPP Disability (CPPD) is a sub-section of the Canadian pension plan and is run through the Canadian government. Long-term disability is run through private insurance; either insurance bought into through an individual’s workplace or through private coverage.

Segment starts at 12:36

2️⃣ Why do insurance companies ask claimants to apply for CPPD?

Insurers ask claimants to apply for CPPD as if a claimant is accepted by CPPD, insurance receives a credit for the compensation CPPD is giving claimants.

Segment starts at 14:25

3️⃣ Why should Long-term disability claimants apply for CPPD?

It is difficult for claimants who are approved for CPPD to have their benefits cut off or denied by insurance as the test to be approved for CPPD is more difficult.

Segment starts at 15:30

4️⃣ What happens if an LTD claimant is rejected by CPPD?

Long-term disability claimants who are rejected by CPPD should appeal the decision. Insurance cannot reject claimants on the basis that CPPD is denied or in the process of appeal.

Segment starts at 17:29

5️⃣ What should somebody do if they are cut off or denied a long-term disability claim?

Claimants who have been denied LTD or cut off should contact a disability lawyer in order to begin a legal claim against the insurance company. The power dynamics immediately change once a legal process has begun.

Segment starts at 18:55

Denied LTD as there is no diagnosis

I have constant stomach pain, making it difficult to concentrate. My family doctor has sent me to see a gastroenterologist, a neurologist, and a cardiologist. I’ve had dozens of tests and procedures, though none of them have led to a diagnosis. I sell cars for a living, and my doctor agrees that there’s no way I can do that with my symptoms. My LTD was cut off after more test results came back negative. Is there anything I can do without a diagnosis?

A diagnosis is not necessary in order to be approved for long-term disability benefits. As long as a claimant has their doctor’s support that they are not able to work, they are owed disability benefits.

Segment starts at 22:49

Suffering from mental health condition but denied LTD

My son suffers from depression and went through a divorce last year before the pandemic hit. As a result, he often turns to drugs and alcohol to self-medicate. He did apply for long-term disability a few months ago but was denied. He’s currently taking time off work through vacation days. Once he burns through those, his employer said he must come back to work or else he’ll be fired, even though the psychiatrist he is seeing says there is no way he can work right now. What should he do?

Addictions are considered a disability and must be accommodated by an employer. A refusal to do so or termination is considered human rights violation. Employers and insurance adjusters are not able to determine whether or not an individual is ready to return to work, only a doctor can make this decision.

Segment starts at 25:50

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

Next Episode: Disability Law Show S3 E22 – 5 Fast facts about LTD claims

Previous Episode: Disability Law Show S3 E20 – 3 Reasons to avoid an LTD appeal

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