Disability Law Show 640 Toronto – S7 E22

Summary

How to properly navigate a long term disability claim, why you shouldn’t appeal a denial, when you need to switch disability lawyers, and more on the Disability Law Show with partner Sivan Tumarkin and senior associate Albert Klein at Samfiru Tumarkin LLP, as heard on Global News Radio 640 Toronto and 980 CKNW in Vancouver.

What We Covered

What can one expect in terms of legal counsel when beginning the process of filing a disability claim?

Some disability lawyers will require a paid consultation while others will require a signed retainer if you are not knowledgeable of what is required. However, this is not always the case. if you are organized in terms of keeping medical records, proactive and knowledgeable, keep in mind insurance companies are not invulnerable and you can pursue your claim without additional aid.

What does an “independent doctor” mean in terms of an assessment?

This is a misleading term – the insurance company is sending you to that doctor to get an opinion that will allow them to cut you off or send you back to work. By paying for an assessment doctor they are trying to cut off your long term disability.

I have been on Long Term Disability for a year now with chronic back pain. My doctors say I can’t go back to my manual labour job, but the insurance company wants me to start a gradual back to work program. What should I do?

Doctors are on your side. An insurance company can’t force you to go back to work – this is a tactic to pressure you. Always ensure you have updated reports from your doctors to confirm it’s not the right time to return to work and send it to the adjuster “as per my docs advice”. If the insurer does not respond or disregards you – then seek a legal rep.

My brother suffered a brain injury and broken arm in a boating accident. He was denied long term disability because he applied too late. His insurance company says he should appeal. Should he?

The insurance company is relying on a technicality because they think he will give up; an appeal usually does not work as you are appealing to the same company that initially denied your long term disability claim. A legal claim usually resolves this issue and quickly. Technically this is a breach, but not a fundamental breach – there is no prejudice to the company if you apply late. A fair assessment of the case must be conducted. Ask the insurer for how many appeals are statistically successful.

Learn More:
3 reasons why you should not appeal a disability claim
Things you must know about the deadline for appealing a denial

My mother has had depression for years which has recently worsened due to her spouse passing away from COVID-19. She applied for Long Term Disability and was rejected. Should she apply for other government assistance?

Apply for CPP Disability as an appeal to an insurer is useless. If CPP accepts the application it will make it harder for the insurer to refuse and you will also get what you have earned from CPP.  Ontario Works or Ontario Disability Support Program are also good options to apply for as most policies require you to apply for CPP, they have a rigorous testing process. You should also contact our firm to seek assistance with a long term disability claim during COVID-19.

My lawyer is handling my case but I have no idea what is going on and he never gets back to me. He claims he is working on the case but I have no idea what to do now. It’s been a year and a half since retaining this lawyer.

Lawyers not communicating is a major problem; this process should not take very long. Your lawyer should be keeping you updated and informed of the process. The more information you have the better. If you continue not to get answers, consider switching lawyers.

Experiencing an Employment Issue?

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Denied Long Term Disability? We Can Help.

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