Disability Law Show Bell Radio – S3 E08

Episode Summary

Discover your rights and the truth about insurance companies and long term disability claims on Season 3 Episode 08 of the Disability Law Show on Newstalk 1010 in Toronto.

Listen below to James K. Fireman,  Disability Lawyer at Samfiru Tumarkin LLP, as he guides you through the proper steps to take when your insurance provider cuts off your long-term disability or denies your insurance claim.

Listen to the Episode

Episode Notes

• COVID-19 long haulers are being denied long-term disability benefits by insurance companies.
• I’ve been diagnosed with a rare autoimmune condition that causes swelling throughout my body.  When this is aggravated, it makes working impossible. My doctors have said that I can’t go back to any work but my LTD claim was denied because they said it was a “workplace issue”.
• When you are retained, do you ever try to settle for your client without bringing a legal claim?
• I’ve been on LTD for ten years as well as CPP Disability. Can my insurance cut me off because of the cost of my medications?
• While insurance was considering my claim, I asked my adjuster if she needed my psychologist’s records but she told me no – they had enough medical documents already. Last week they finally made their decision and denied my claim based on what their psychiatrist says. What do I do?
• I previously had all the long-term symptoms of COVID-19 and am currently on short-term disability but I don’t think I can go back to work. My breathing has not improved or my memory loss. Do I have a case for LTD?
• When you represent someone for a disability claim, who pays for all of the expenses that come up during the litigation, like doctors records, expert reports, and filing fees?
•  I’m battling chronic pain, diabetes, and liver failure. My insurer decided I was well enough to work at a sedentary level and there were “significant non-medical barriers” as to why I wasn’t working. Can the insurance company still cut me off when my doctor is supporting that I can’t work?
• Is it typical for the insurance company to contact someone’s employer while it’s considering approving or declining someone’s LTD application?
• I’ve seen specialists and done tests for my condition, none of them have led to a diagnosis. I got short-term disability and even got LTD for a little while, but then after more tests came back negative they cut me off.  Is there anything I can do without a diagnosis?
• I’ve had LTD for 18 months and was told to do an IME. After I’d completed it I was cut off despite having a torn rotator cuff. Is there anything I can do?
• My husband has dementia and was initially covered by critical illness insurance but then they cut him off due to alcoholism. Can they do this?
• Is there any other downside to trying to appeal before bringing a legal claim?