Disability Law Show Bell Radio – S1 E29

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:

Should I go to the doctor’s assessment from my insurer?

00:41 – A question from MyDisabilityQuestions.com – my long term disability insurer cut me off. I wrote them a letter and they reinstated my benefits but now they want me to go and see one of their doctors for an assessment. Is this something I should do?

Do I have to change doctors if my insurance company wants me to?

03:46 – An email from help@disabilityrights.ca – I have been receiving benefits from my LTD company for about a hear and is approaching the 2-year mark. She has been seeing a psychiatrist but progress has been slow. My insurance company thinks I should go to see their psychotherapist and work towards a return to work program. Do I have to go to a new doctor because my insurance company wants me to?

I am nearing the 2-year mark on my LTD claim with my insurance company. What advice do you have for me?

09:45 – Question from www.mydisabilityquestions.com

Do all insurance policies have a 2 year “own occupation” definition?

14:05 – Not every policy has a 2-year own occupation definition, some policies have “any occupation”.

Would it be appropriate to record a conversation with my insurance adjuster instead of taking notes?

16:03

What can I do if my insurance company has put me on a month to month approval?

18:00 – I was approved for LTD due to my depression. My doctor has included very detailed notes recording my bouts of depression including serious anxiety. I was told at the end of last month that I was approved on a month by month basis by the insurance company. I am still waiting to get a referral to a specialist from my doctor. I get very stressed when talking to my insurance company and now I have to do it every month. Is there anything I can do?

Do you review all claims before accepting new clients?

25:30 – Do you review claims before accepting them as clients? What if people still want to collect but don’t have a claim, not all claims are honest.

Who is accountable for a slip and fall at a nursing home?

29:45 – My mother who is 78 has been in a nursing home since 2017 and last year when a worker tried to move her for a shower he didn’t follow procedure and she ended up falling and breaking her hip. She had surgery and there were complications. She passed away after 2 months at the hospital. There was an investigation by the Ministry and also a Coroner’s report all of who said that her injuries from the fall resulted in her passing away. I am extremely upset by this, as are my other 2 siblings. This home was found responsible by the Ministry and the worker that caused this is not working there anymore. Is there anything we can do here legally? This nursing home needs to be held accountable.

Is there anything I can do to prove my communications with the insurance company?

36:30 – If you know how to do it make sure you include a read-receipt for any messages you send to the insurance company, that way it cannot be claimed that it was never received.

If I go back to work when my doctor advises me not to, can I go back on insurance if I am unsuccessful?

37:05 – My husband was on long term disability for over a year and then tried to go back to work despite not getting the ok from his doctor. He tried to go back because the insurance company threatened that they would cut off his payments if he didn’t go back. He really tried hard for several weeks but was very ill and his health was getting worse each day he was there. He was recovering from cancer treatments. I’m not sure what we can do. He’s been at home for the last 3 months and we haven’t gotten any payments from the insurance company. They’re simply ignoring him despite his doctor saying that he can’t work. What can we do?

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.