Disability Law Show

Disability Law Show Global News Radio – S7 E25

A headshot of Disability Lawyer Sivan Tumarkin, Co-founding Partner at Samfiru Tumarkin LLP, to the right of the Disability Law Show logo. He hosts the show on various Global News radio stations.

Discover your rights and the TRUTH about long term disability and personal injury. Sivan Tumarkin and Albert Klein 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

What is an insurance issue that has been plaguing many during COVID-19?

When the pandemic hit in March, many were forced to cancel trips and suffered cancellation penalties as well as no reimbursements by insurance companies.

What is an important detail to remember in dealing with corresponding with an insurance company?

In writing if possible, authorize that the company must have everything in writing and do not rely on verbal communication.

Week That Was

I’ve been on LTD for 3 years. Two attempts to return to work have failed. Long term disability insurance is threatening to cut me off due to an inability to be re-trained for something else. My inabilities are due to stress, depression, relocation for training, etc. At this point, it feels like constant harassment. Is it possible to accept a buy out so I don’t feel constant stress anymore?

By virtue of being on LTD for 3 years, you have satisfied the necessary requirements to prove you cannot do any occupation due to a disability. The insurance company’s conduct in this situation is egregious and could lead to punitive damages.

A client at 63 years old denied LTD from one of the biggest insurance companies in Canada and instead told to rely on the CERB benefit.

The insurance company is taking advantage of a government-funded program that is not equipped to deal with these types of situations.

Three things you should consider when your long term insurer tells you to apply for CPPD:

  1. Do you have to apply and what happens if you don’t?
  2. What are the benefits of applying for CPPD?
  3. What should you do if your adjuster tells you to apply?

My husband has advanced osteoarthritis and inflammation and applied for LTD. He was initially approved late last year but then the adjuster kept asking for updates from the doctor which we provided but because of COVID, there have been significant delays getting another update. The adjuster said that unless he gets an update by soon my husband’s benefits will stop.

If the insurance benefits are stopped by the insurance company, getting in touch with a disability lawyer is of vital importance. It would not be in their best interest to stop benefits as this could lead to a bad faith claim.

My friend was denied LTD and tried to appeal twice and was rejected both times. She has chronic migraines and eyesight issues. I told her to reach out to a lawyer but she insists she has no money to pay so she’s ready to give up.

Get in touch with a disability lawyer just to see what your rights are and to be informed. It is ultimately a client’s decision to proceed with a legal claim.


Denied Long Term Disability? We Can Help.

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

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

Experiencing an Employment Issue?

Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case.

Use The Severance Pay Calculator to find out how much severance pay you may be owed upon termination.

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

Advice You Need. Compensation You Deserve.

Consult with Samfiru Tumarkin LLP. We are one of Canada's most experienced and trusted employment, labour and disability law firms. Take advantage of our years of experience and success in the courtroom and at the negotiating table.

Get help now