Disability Law Show

Disability Law Show Bell Radio – S1 E6

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 radio stations Newstalk 1010 in Toronto and Newstalk 580 CFRA in Ottawa, Ontario.

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

Chapter 1:

What happens when you don’t fight for what you are owed?

In 1989 my husband became disabled and received LTD from his insurer.  They kept cutting him off indicating they needed more information.  As we kept getting cut off and decided it wasn’t worth the headache to continue fighting.  Is there anything you can do to help my husband get what he is owed?

Chapter 2:

Can the insurance company buy me out?

I have written in before and I have another question.  I am on LTD and have been for the last 6 years with clinical depression, OCD, and obtrusive thoughts.  I have been told by my doctors that I will likely never be able to go back to work.  Can the insurance company offer to buy me out?

Chapter 3:

Should we appeal the LTD insurer’s decision to cut us off?

My wife who is 32 suffers from a neurological disease.  We received a letter this week stating that they think she can do something else and she will be cut off due to it.  It says we have 30 days to appeal.  What can we do? Should we appeal?

Chapter 4:

What types of disabilities are generally allowed to claim for LTD?

For the first 2 years you must be able to prove that you are unable to do your own occupation.  After 2 years it expands to encompass whether you can do any occupation.

Chapter 5:

The top 5 reasons that insurers will give for denying claims:

  • You are not totally disabled
  • Insufficient medical documents supporting your condition
  • There is no formal diagnosis for your disability
  • You can do another job
  • You don’t qualify because of a pre-existing condition

Chapter 6:

Is there anything I should do if I think I will need to apply for LTD?

My father was in a car accident 6 months ago.  He broke three ribs and was diagnosed with a concussion.  He just turned 59 and hasn’t gone back to work yet.  What should we do right now, or should we wait to take further legal steps until we know more about his condition?

Chapter 7:

Should I wait until my symptoms worsen to apply for LTD?

I have Parkinson’s and just finished Short-term disability and just applied for LTD.  I was denied for LTD, the insurance company stated that my condition wasn’t advanced enough.  My neurologist has said that I am no longer able to work.  Should I wait until my condition is worse to apply again?


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