Disability Law Show Bell Radio – S3 E30

Episode Summary

Independent medical assessments, harassment at work, beginning a disabilty claim, and more on Season 3 Episode 30 of the Disability Law Show on Newstalk 580 CFRA in Ottawa.

Listen below as Disability Lawyer Tamar Agopian, Senior Associate at Samfiru Tumarkin LLP, guides you through the proper steps to take when the insurance company cuts off or denies your long-term disability claim. Get the advice you need and the compensation you deserve.

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Episode Notes

I was involved with an on-duty incident and have a lot of physical limits as a result. I eventually returned to work but couldn’t do much. My doctor’s said my condition is permanent. After 2 years my benefits were cut off. What do I do?

After the first two years of benefits, many claimants have their benefits cut off as the test for whether or not they are able to continue working changes. Claimants are often told they can do another job by their insurer when that is in fact not the case. Disability insurers often seek out their own medical assessment of claimants in order to cut off benefits. Insurance companies have to be able to provide actual evidence that claimants are able to do the tasks required of another comparable position.

My wife has been harassed at work and has developed PTSD as a result. She receives treatment but in the last year, many things have set her back. Her disability insurer is still cutting off her benefits. What can she do?

Many disability insurers believe that if a claimant is receiving treatment and has a mental health condition, they can continue to work. Only a claimant’s treating medical team can decide whether or not they are ready to work or can work part-time and receive treatment. For some employees, a workplace setting can act as a trigger for more mental health worries and can set back a claimant’s recovery.

If a long-term disability claim is denied as the claimant has missed a deadline, can a disability lawyer help?

Legal claims cannot be brought forth if it has been over two years past the initial decline of benefits. Typically, long-term disability claims have to be applied in a certain amount of time and the time frame varies by policy. While claimants should try their best to apply within the appropriate time frame, it is not impossible to seek legal help with a claim if a deadline was missed resulting in a denial of benefits.

My husband was in a car accident years ago and he has ongoing chronic pain that his doctors say will never get better. His insurer has cut off his benefits and says there’s no evidence of ongoing disability. What should he do?

Most disability insurance policies are concerned with the claimant’s ability to do their own occupation and then after 2 years, any other occupation. Typically after two years of long-term disabilty, insurance companies will try to find another occupation in which a claimant can do. By claiming there is a lack of objective medical evidence, the insurance adjuster is improperly basing the denial of benefits.

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Chronic Pain and Long-term Disability

I’ve been accused by my employer of slowing things down and inefficiency. I have diabetes and a heart condition. Can I go on LTD? I don’t want to be there anymore.

Disability insurance benefits are not meant for employees who no longer wish to be working at their job. Claimants have to determine whether or not they would be able to do their job in a different environment. If their ailments are preventing them from being able to work efficiently, employees should speak to their doctor about their ability to work.

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Toxic work environment and LTD Claims

How can a person strengthen their disability claim?

It is important for a claimant to contact a disability lawyer in order to begin a legal claim against the insurance adjuster. Once a claim has begun, most disability lawyers will resolve the claim between 8-12 months and typically at a mediation. It is also important for claimants to have their doctor’s support and can provide all of the necessary medical documentation to prove they are unable to work.