5 Fast Facts About Long-term Disability Claims | Disability Law Show TV – S3 E22

Episode Summary

5 FAST FACTS ABOUT LONG-TERM DISABILITY CLAIMS on Season 3 Episode 22 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

Request sent to see insurance adjuster’s doctor

I’m a mechanic and suffering from bad sciatica and had to take some time off work. I was told by my LTD insurance adjuster that they wanted me to go to an independent medical assessment conducted by the insurance company’s recommended doctor. Do I have to go to this assessment?

Insurance companies will often recommend individuals on long-term disability benefits attend an independent medical assessment. These assessments have to be attended as policies usually stipulate individuals have to comply. Assessments are usually recommended in the hopes that a client will be considered no longer disabled and lead to benefits being cut off.

Segment starts at 00:50

Denied benefits as the condition are deemed not serious

My brother has been rejected twice by his LTD insurance company because they say that his disability is not serious enough and that he can do his job. He has chronic pain and his doctor says that he can’t work because of back issues that go back to a skiing accident. What can he do?

Sivan explains that individuals are entitled to benefits if their doctor has deemed them unable to work. Insurance adjusters cannot determine whether or not an individual is able to work, only a client’s doctor can. A claimant’s doctor should indicate what is preventing them from being able to do their job.

Segment starts at 9:05

5 Fast Facts about Long-term Disability Claims

1️⃣ If your legitimate LTD claim is denied or cut off, there is something you can do about it

A legitimate LTD claim is one in which an individual is truly disabled and unable to work. Claimants who have been denied or cut off should contact a disability lawyer as soon as possible.

Segment starts at 13:10

2️⃣ The insurance company can’t ignore the medical information supplied by your doctors that supports your disability

Insurers often try and ignore documentation and information supplied by a claimant’s doctor. An insurance company can disagree with the information provided but will still have to provide disability benefits.

Segment starts at 15:30

3️⃣ The insurance company will not have a right to stop your disability benefits if you do not try to go back to work.

Claimants are not obligated to return to work if they are not ready and do not have their doctor’s approval.

Segment starts at 16:45

4️⃣ Appealing long-term disability claim denials are often a waste of time.

Long-term disability appeals are an internal process that insurance companies set up in order to waste a claimant’s time. Appeals are rarely effective or successful.

Segment starts at 18:22

5️⃣ Choosing the right disability lawyer can help you get the compensation you need, without any upfront costs.

Samfiru Tumarkin LLP has a reputation with insurance companies for efficiency and success in aiding claimants with benefits who have been cut off or denied. It is important to choose the right disability lawyer as some cases can take a much longer time than they need to.

Segment starts at 20:24

Insurer requesting an independent medical assessment

I went off work due to workplace harassment and a toxic work environment. With my psychiatrist’s and psychologist’s support, I was eventually approved for LTD. I am now almost at the 2-year mark of my medical leave. The insurance company is now requesting that I go through an independent medical assessment. Do I have to agree with this request?

Independent medical assessments must be attended as it is often a part of an insurance policy that must be complied with. The two year-mark is often when individuals are cut off of benefits as the majority of insurance policies have a different test in order to determine whether or not an individual is disabled. Beyond the two-year mark, disabled individuals are considered not able to do any occupation, not just the position they were previously in.

Segment starts at 24:04

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Next Episode: Disability Law Show S3 E23 – Top 3 reasons you should not fear your LTD adjuster

Previous Episode: Disability Law Show S3 E21 – 5 Common questions about LTD and CPP Disability