Disability Law Show Bell Radio – S3 E41

Episode Summary

Denied LTD at the two-year mark, union employee disability rights, consultations, and more on Season 3 Episode 41 of the Disability Law Show on Newstalk 580 CFRA in Ottawa.

Listen below as Tamar Agopian, Senior Associate at Samfiru Tumarkin LLP and Ottawa disability lawyer 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 from a disability lawyer in Ontario.

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Episode Notes

I’d worked as an administrative assistant for over ten years but could no longer continue working due to mental health reasons. I was appointed a new LTD claims adjuster at the two-year mark and told my employer would no longer support me. What can I do?

The insurance company is obligated to inform the employer and keep them up to date on the status of a long-term disability claim. Insurance adjusters are not permitted to share personal medical details with the employer and communicate with the claimant on behalf of the employer. Claimants in these situations should document all correspondence with the insurance adjuster in writing. Insurance adjusters are obligated to operate in good faith with claimants.

LEARN MORE
Are you dealing with a difficult insurance adjuster?

I’m a unionized employee and was given the forms necessary to apply for disability leave. The leave is administered by the insurance company. I was eventually denied LTD. What are my rights?

It is important for claimants to determine what the terms are in their collective bargaining agreement in order to determine if they can seek out legal counsel from a disability lawyer. Claimants who are unsure if they should apply for long-term disability benefits should apply as soon as they are able in order to avoid future difficulties.

I was diagnosed with MS around the same time I started a new job.  Years later, the symptoms have flared and have made my current duties impossible.  Can they deny my application?

The idea of disability insurance is to provide benefits for claimants who are unable to do the essential duties of their job due to a health condition or symptoms. The nature of the condition and the symptoms as well as the advice of a treating doctor are more important than the diagnosis. Claimants who are unable to work and have their doctor’s support should pursue a legal claim. Some conditions, such as MS, can worsen over time and claimants should not shie away from their benefits due to the progressive nature of their condition. It is also important for claimants to look closely at their disability policy in order to determine if there are any pre-existing exclusions.

How do you approach initial consultations with individuals who contact your firm for advice?

Claimants can call Samfiru Tumarkin LLP or email the firm to reach the intake department. A scheduled appointment will be set up with a disability lawyer. Consultations with claimants are free and the only expectation from claimants is that all necessary documentations are provided to the lawyer. Claimants are encouraged to stay in touch with a lawyer for further questions or advice.

I have paid for life and disability protection on my mortgage line of credit.  Due to my health, I recently started getting this benefit to help pay for my mortgage.  Am I allowed to collect both the mortgage disability benefit and LTD benefits?

Mortgage protection is a similar policy to long-term disability benefits and can be provided for by an insurer. It is important to remember that mortgage protection plans are capped for a period of time, unlike long-term disability benefits. It is vital to understand the terms of both disability policies. Long-term disability policies often include what will be paid out to claimants and stipulate that other benefits could influence payments.

There is a team of disability lawyers at Samfiru Tumarkin.  What should clients expect when they hire the firm to represent them for their claim?

Disability lawyers at Samfiru Tumarkin LLP are collaborative and very communicative but all clients have an appointed lawyer throughout the legal claim process. All clients have a direct line of communication with their disability lawyer.

I’ve been off work for months because of depression.  I’m worried about not getting approved for benefits.  I’m not ready to go back to work but what happens if my benefits get denied?

Claimants should remember that if they have their doctor’s support and are unable to work, they should not return to work if pressured to do so by the insurance company. Returning to work before a doctor approves can lead to further health problems for claimants. Employers are entitled to know a claimant’s prognosis but not the diagnosis. Claimants can submit a medical note to their employer communicating the situation and prognosis and necessary updates. Claimants once denied their benefits should speak to a disability lawyer as soon as possible.

LEARN MORE
Getting approved of LTD for depression

My mother is on home dialysis due to a rare kidney disease and is extremely fatigued. She has been declined for long-term disability.   Is she a good candidate for long-term disability?

In many cases, the condition of extreme fatigue is enough to approve long-term disability benefits for claimants. Disability insurers will look at the claimant’s capacity to work and some policies have a threshold for that capacity. Claimants who are able to work at a certain capacity are often denied by insurance adjusters. It is important for a full analysis of the doctor’s support and reports to be conducted to build a case for long-term disability benefits.