Disability Law Show Bell Radio – S1 E28

Summary

Discover your rights and the TRUTH about long term disability and personal injury. James K. Fireman, Disability Lawyer and Partner at Samfiru Tumarkin LLP, guides 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:

Can the insurance company force you to go back to work for a significantly reduced salary?

00:48 – A phone call from a gentleman who was an Officer. He suffered a significant back injury and has been dealing with depression. His LTD plan is reaching the 2 year mark, and is being told by the insurer that he is able to return to work. The family doctor stated that he could potentially work 20 hours per week, but no more. The insurance company told him there were positions that were commensurate with his condition, and he could do a sedentary full-time position. Can he be made to go back to work for a significantly reduced salary and cut off from his insurance?

3 Things you must do if your insurer says you must go back to work and you are not ready

• 5:35 – You must get a note from your doctor stating that you are not yet ready to return to work
• 6:20 – Email your adjuster and explain why you aren’t ready to go back to work
• 7:24 – Document all your communications with your adjuster in writing

Can an insurance company ask you to pay back CPP credits if you are receiving CPP disability?

10:23

Should I wait for my insurance cutoff date before starting a claim?

11:31 – Email- My husband was recently told that his LTD benefits will be cut off at the end of February because the insurer thinks he can return to work. He has been off work because of a stroke and depression, his doctors don’t think he is ready to return but the insurance company disagrees. Is there anything we can do or should we wait until his cut-off date and appeal?

I was recently in a car accident and suffered serious injuries, is there anything I should know?

14:50 – My son was in a car accident on the highway. He was hit from the back and his car flipped a few times. He and his wife were injured and suffered several broken bones. He is back to work part-time but his wife is still off. Is there anything they can do?

If you can only work 20 hours a week and not makeup 60% of your income will the insurance company top off your earnings?

17:12

Should I continue to pay for private insurance after early retirement?

20:55 – I am planning to retire before 65, I have a private disability plan and a return of premium policy. I was told I should continue paying to continue coverage for after retirement to ensure that my activities are covered.

Am I covered for a compassionate leave to care for a loved one after major surgery?

23:10 – My wife is having major surgery soon and will have to take a leave of disability as a result. I am wondering if I can take time off to help take care of her and our children while she is recovering. Is this something I would be covered for?

Can my long-term disability cut me off my benefits while I am receiving CPP disability?

25:22

Do insurance companies cut people off because of surveillance that they have paid for?

26:50

If my insurer tells me I missed my application deadline is there anything I can do?

32:25 – My friend was just denied LTD because the insurance company says she applied too late. She missed the deadline by 2 days, and this is due to her suffering mental illness. Is there anything she can do about this?

If my insurer has cut off or denied my claim but I am a unionized worker is there any way I can get legal representation outside of my union representatives?

35:40 – I have a friend who is on LTD and has had issues with their LTD. We are both teachers and our union hasn’t done anything to help. Can she hire a lawyer to help with this?

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.