Disability Law Show Bell Radio – S1 E27

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.

On This Episode:

Does the severity of my condition make me more likely to have my LTD claim accepted?

00:58– A flight attendant suffered a brain aneurysm and has a number of problems as a result. The largest problem resulting from this is chronic fatigue. She has to plan her days around her fatigue and nap frequently prior to completing basic tasks, like picking her son up from school. She applied for LTD and was denied, despite the apparent symptoms and health issues. For someone who is applying with less apparent symptoms what is the likelihood based on this that their claim will be accepted?

Will my medications impact how likely I am to have my insurance claim approved?

4:10– A client in his early 40’s has a few compression issues in his back due to injuries early in life, he also suffers from fibromyalgia and a few other issues that have affected his modality rather heavily. He has been on 17 different medications to treat all of his symptoms and uses low dose opioids to allow him daily functions. He was also denied his claim.

My insurance claim has been denied, what can I do?

9:00– I was initially denied long-term disability a year ago and I appealed it twice and nothing is happening. I have to call repeatedly to get anyone on the phone from the insurance company and the lawyer I spoke to wanted a $5000 retainer before looking at my case. I am about to be evicted, is there anything I can do?

Should I appeal my LTD Denial?

11:16– My wife was told that her LTD payments will stop in about 2 months. Her insurer had her do a transferable skills assessment and told her that she could do another job. They don’t think that her illness is severe enough to continue, her doctors disagree. They think that there isn’t any job she can do at this point. Our friend who is a lawyer told us he would help us appeal the decision. What should we do?

Can my insurer require that I apply for CPP Disability?

19:00– I have been on insurance for 2 years and my insurance company wrote to me and told me I had to apply for CPP disability. Do I have to apply for CPP? If I choose not to apply can my insurance company cut me off?

What does total disability mean?

23:00– I was denied LTD because the insurance company said there is not enough medical evidence to show that I am totally disabled. I have MS and it has been getting worse, my doctors say I can’t work. What does that mean? What else do they need?

Do I still have LTD coverage if I was let go from my position while on medical leave?

25:35 –My sister was on short term disability for severe asthma and she was recently let go from her job because her boss said that they had to fill that spot. To make matters worse she was denied for long term disability and now she has no money coming in. Can you help her? I don’t know how long she can last without any income and I am helping as much as I can.

Can my insurance company tell me what medication I should take?

27:40– I was on long term disability for over a year before my insurance company said that I no longer qualify for payments because I was refusing to take a certain medication they suggested that was making me worse. My psychiatrist agreed that I should not take that medication but instead do other treatments but my adjuster said that I have to follow what they (the insurance company) says. They said in the denial letter that I wasn’t following reasonable treatments. How can they say that if my doctor agrees that I shouldn’t take that medication?

Is it more difficult for independent contractors to make an LTD claim?

30:00– I am a private sales agent and have three different insurance plans for coverage. A friend of mine who works the same position as I do was recently told not to purchase private insurance because the insurer is more likely to deny sales people on claims.

Isn’t the LTD appeal process setup to help avoid litigation?

33:00– If a claim is denied by the insurance company and the claimant disagrees, the claimant is invited to appeal the decision and go over the issue with the insurance company. Not jump into litigation.

Should I receive workman’s compensation if I believe my LTD claim is a direct result of work?

34:40 – My husband was driven to a serious nervous breakdown by an employer. He was hospitalized at the time on a 72 hour suicide hold. He was put on LTD and the recommendation at the time by the doctor is that it’s would be very difficult to prove that it was a result of his employment. He’s become worse, but I’m not sure what we can do. Should he have received workman’s compensation?

Do I need to do a skills assessment to find a career that I am suited for when returning to work?

36:35– I am currently receiving WSIB, I do have plans to go back to work but my capabilities will have changed. I am sure I won’t be able to do the same job. If I do find a new position, will I need to have a skill assessment or something similar to be placed in a new career?

What should I do if I have suffered a severe injury and can no longer work?

37:45– A friend of mine was in a serious accident 4 months ago. He was cycling on the road in a bike lane when a car zoomed by and hit him. He flew and landed on his back. He was wearing a helmet but he still suffered very severe injuries and was taken to hospital. He had 3 surgeries so far on his back. He may not walk again. I’m afraid for him and worry that he’ll never fully recover. He’s only 42 years old and now he can’t work and needs someone to help him at home. What should he do?

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.

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