Disability Law Show

Disability Law Show Global News Radio – S7 E27

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 on S7 E27 of the Disability Law Show on Global News Radio. Sivan Tumarkin and Albert Klein, Disability Lawyers 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

Week That Was

My lawyer filed a claim against my insurance company for my LTD within the time limits. My insurance company took their time and didn’t respond much to my lawyer. This year they are making excuses relating to COVID-19. What can my lawyer do to force them to respond to my claim?

My client was cut off from benefits, was told to apply for CPPD. She was approved for CPPD and asked if she should pay the insurance company back for any overlapped time.

She was informed not to pay the company back and keep the money back until the LTD claim was finalized.

Situational v. Generalized Conditions in Long Term Disability Claims: What to do if your insurer denied your claim because they say that it’s “situational”:

  1. Make sure you understand the difference between the two (situational v generalized)
  2. Situational doesn’t mean that you don’t have a case
  3. You may have both an LTD case AND an employment case – you need a lawyer that understands both areas of law

 My adjuster called me last week and offered me a “buy out” for $100,000 tax-free. I’m wondering if I should take it. I’m worried that if I don’t then they will stop my benefits and I will lose everything.

The insurance company offering a buy out is not doing so in a client’s best interests, bearing in mind that a degenerative disease will worsen as time goes on. It is important to look at the repercussions long-term and that the client was already approved for 3yrs LTD.

My 38-year-old son has been struggling with alcoholism for years. Recently he was cut off LTD. The adjuster refused to speak with me and instead wrote to my son that he can appeal the decision but told him by phone that his appeal won’t succeed. What do you think he can do?

It is important to get as much communication with the insurance company in writing and remember that the client’s doctor has confirmed they are still receiving treatment.

My wife has been suffering from severe depression for years but somehow has been able to work through it. Recently she stopped working because of her depression with the recommendation of her psychologist and applied for LTD. We just got the denial letter from the insurer who said that she’s not disabled enough from her own occupation. She is a teacher at a private school and I can’t see her going back to teach in the foreseeable future.

The insurance company can be forced to the table to have a discussion if the client gets in touch with a disability lawyer. It is important not to wait and prolong the process after a denial.

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 or fill out a contact form to get help now.

Denied Long Term Disability? We Can Help.

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

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.

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