Disability Law Show 640 Toronto – S6 E21

Summary

Discover your rights and the TRUTH about long term disability and personal injury. Sivan Tumarkin and James K. Fireman, Disability Lawyers and Partners at Samfiru Tumarkin LLP, join co-host John Scholes as they guide you through the proper steps to take when your insurance provider cuts off your long-term disability or denies your insurance claim.

What We Covered

Can I make a claim on an LTD denial from 1998?

0:26 – In 1989 my husband became disable and received LTD.  They eventually cut him off asking for medical documentation.  He was approved for CPP and we decided to stop fighting the insurance company and make do with my income and his CPP.  Is there anything we can do about the insurance company from 1998?

Do I still have insurance coverage if I have lost my job?

6:29 – A lawyer who works in another field contacted us about a client who lost his job while he was suffering from symptoms of cancer.  He was awaiting a bone marrow transplant.  He was suffering symptoms and began the process of treatment while he was still covered by insurance. Is he eligible for LTD coverage even though he isn’t currently employed?

Can you still receive LTD coverage for mental health issues after 2 years?

8:57 – A question came in from mydisabilityquestions.com.  I have seen several people who are on LTD for several years.  2 years for mental issues, but I know the insurer likes to cut people off after the 2-year mark.  Are you still eligible to be covered after 2 years and continue receiving LTD payments? Does your employer still have to keep you on?

What should I do if I am under surveillance from the insurance company?

11:33 – I have been on LTD for a year and recently I noticed someone is following me with a camera.  I have been going swimming per my doctors’ orders to release stress and anxiety.  Should I keep doing this if I am under surveillance? Can my LTD be cut off because of this?

Can I hire a different lawyer for my LTD case if I already have a lawyer for a different matter?

15:35 – My father was in a bad car accident 3 years ago and hired a lawyer to help him.  He had to stop working and applied for LTD.  His lawyer told him that he couldn’t help him with this as he had no experience with this.  Can he hire a different lawyer to help him with his disability claim?

Are insurance companies interested in settling cases? And if so when?

The answer at 18:17

During the legal process of an LTD claim at what point to cases typically get settled?

The answer at 20:45

Is mediation a mechanism that is required under Canadian law?

The answer at 23:18

What are the most common types of settlements?

The answer at 25:31

Am I still eligible for LTD if I tried to return to work?

31:08 – I was on LTD for over 2 years because of an injury.  I didn’t last 2 weeks when I tried to return to work because I was feeling better.  I thought that if I tried to attempt to return to work that I could return to LTD if I wasn’t successful.  Am I still eligible for LTD if I tried to return to work?

Denied Long Term Disability? We Can Help.

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Discover your rights when your Long Term Disability Claim is denied. Find out more here.

Experiencing an Employment Issue?

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Call 1-855-821-5900, email us at help@EmploymentLawyer.ca or fill out a contact form to get help now.