Dealing with difficult employers while on LTD | Disability Law Show TV – S3 E29

Episode Summary

DEALING WITH DIFFICULT EMPLOYERS WHILE ON LTD on Season 3 Episode 29 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

Benefits cut off after an independent medical assessment

My disability benefits were cut off after an independent assessment with their psychiatrist. Despite the fact that the assessment proved I was unable to work they still cut off my benefits. What should I do?

• Attending an IME: It is important to contact a disability lawyer as soon as long-term disability benefits have been denied or cut off. Disputes typically are resolved in mediation and rarely go to court. Insurance companies that deny or cut off benefits despite affirmation from a doctor confirming the disability face potential punitive damages as they are operating in bad faith.

Long-term disability benefits cut off as claimant told can do another job

Last year I had a seizure while at work. None of the medications I’ve tried so far are working. Now the insurance company says they will be cutting off my long-term disability benefits because I can work in retail earning minimum wage. I’m still getting dizzy spells and losing my balance, so I can’t stand for long.

• Told to do another position by insurer: Sivan explains that insurance companies might not outright deny the disability claim but during the process suggest a claimant is ready to return to work. Insurance companies often try and find unsuitable comparable employment for claimants.it is important for claimants to remember that only their doctor can confirm if they are able to work again as well as what, if any,  necessary accommodations are required.

Dealing with difficult employers while on LTD

• Let an employee go while on long-term disability: Employers cannot terminate an employee while on long-term disability benefits or on medical leave. Terminating an employee while on disability benefits is considered a potential human rights violation. Claimants who lose employment while on disability benefits may potentially have their benefits cut off or questioned by the insurance company.
• Change a person’s job duties and salary while on LTD: Employers are not able to change the terms of employment of a claimant while on long-term disability and if conducted without the consent of the claimant, could lead to a constructive dismissal.
• Accommodating the employee: Employers have an obligation to accommodate the medical needs of employees with a medical condition or disability. Either an insurance company will potentially have to approve continual benefits or an employer has to accommodate an employee’s needs. It is important to contact a disability lawyer who is well-versed in employment law issues.
  • WATCH TO LEARN MORE
    Employment Law Show: Common Questions about LTD Claims and Employment Rights

Can claimants ask for a new disability insurance adjuster?

My doctor says I am still unable to work due to chronic back pain from arthritis in my spine. My insurance adjuster, however, has been constantly asking for updates and their behaviour is bordering on harassment. Is there any way I can ask for a new adjuster?

• Case manager for LTD claim: Claimants are within their rights to ask for a new insurance adjuster, although it is not guaranteed their request will be fulfilled. Adjusters are not permitted to bully or harass claimants as the relationship between a claimant and insurance companies is important; claimants have to be treated in good faith. Individuals who feel they are being mistreated by their insurers need to document the occurrences of bad behaviour.

An employer refusing to accommodate mental health disability

I’ve been on LTD for 4 years due to PTSD, depression and anxiety. My doctor said that if I was to return to work, it must not be the same office or department I left as it will generate too much stress. My employer is refusing to accommodate these requests. What are my options?

• Accommodations at the workplace: If a claimant has been on a disability for over two years, an insurance company has previously deemed the individual unable to perform the basic functions of any job. However, it is important to remember that if a doctor has cleared a claimant to return to work with accommodations, an insurance company will likely view this as reason enough to stop benefits. In many cases, doctors are unaware of the repercussions of their recommendations and terminology.
  • Learn More
    Invisible Illness and Long-term Disability Claims

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Next Episode: Disability Law Show S3 E30 – Common Questions about LTD Cut-offs

Previous Episode: Disability Law Show S3 E28 – 3 Things in your doctor’s report that strengthen your LTD Claim