Disability Law Show

Disability Law Show Bell Radio – S3 E43

A headshot of Disability Lawyer James Fireman, 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.

Episode Summary

Discover your rights and the truth about insurance companies and long-term disability claims on Season 3 Episode 43 of the Disability Law Show on Newstalk 1010 in Toronto.

Listen below to James Fireman and Tamar Agopian, Toronto disability lawyers at Samfiru Tumarkin LLP, 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. Find out how a disability lawyer in Ontario can help you secure proper compensation.

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Episode Notes

I am going to be travelling over the holidays and am currently on LTD. Will this affect my benefits?

Claimants who are currently on long-term disability should be open and honest with the insurance adjusters of their travel plans. Claimants who are currently undergoing treatment should make necessary arrangements in order to continue treatment, such as virtual appointments with treating doctors and therapists if possible.

My workplace is toxic and I’ve experienced significant mental health problems as a result. Can I apply for LTD?

In some cases, claimants are experiencing situational disabilities as opposed to general mental health illnesses and disabilities. individuals who can continue working in another workplace are not entitled to disability benefits as the issue lies with specific employers and co-workers. Toxic workplace terminology can lead to denials of benefits often. However, a toxic work environment can trigger a general mental health disability that can affect claimants in any environment.

Disability Law Show – Generalized vs. Situational disabilities

I have paid for life and disability protection on my mortgage line of credit.  Am I allowed to collect both the mortgage disability benefit and LTD benefits considering the money comes from two different sources?

Claimants can potentially collect both benefits however, the disability insurance policy will dictate whether or not this is possible. Some disability policies contain provisions that implement deductions for claimants who are receiving another source of benefits and financial aid. Claimants in this case should request a copy of their disability policy if they have not already inspected it closely. Claimants who are still unsure of their rights can contact a disability lawyer to determine their next steps.

My mother is on home dialysis due to a rare kidney disease and has been declined for LTD.  She is extremely fatigued most of the time. Is she a good candidate for disability benefits?

Claimants who are experiencing extreme fatigue should be approved for long-term disability benefits with their doctor’s support. Claimants should remember that the symptoms of an illness or condition determine whether or not a claimant should receive disability benefits. A diagnosis is not as significant as symptoms as the symptoms of a condition prevent a claimant from working.

For those who are starting the LTD claims process, what type of relationship should they try to have with their claims handler?

Individuals who are just beginning the LTD claims process should try and have an honest and positive relationship with their insurance adjuster. At the start of the claims process, claimants can expect frequent communication with the adjuster in order to relay the necessary information. Claimants who are dealing with certain disabilities, such as mental health illnesses, can have difficulties with their insurance adjusters.

I contracted COVID-19 last year and I’ve never really recovered.  I’m exhausted all the time, and my brain is in a constant fog. I was denied LTD and I’d like to start a claim, but what happens if I get better the claim is resolved?

Individuals who have started a legal claim as a result of the denial of benefits often are unaware of when they will recover and return to work. The majority of claimants who file a legal claim desire an eventual return to work. Claimants should remember that there is nothing in place that will prevent them from returning to work even if a legal claim has begun. Often once a disability lawyer is contacted and a legal claim has begun, claimants experience an elevation of stress and can focus on their recovery.

COVID-19 Long-haulers and LTD Claims
COVID-19 Patients symptoms after recovery

If I start a legal claim, what are the chances that I’m going to have to go to court?

It is very rare that a disability claim leads to a trial and court and often the case does favour the claimant. Insurance companies are risk-averse and do not want matters to lead to trial. Rulings by judges are often published in the media and insurance companies do not want additional public attention. Insurance adjusters will typically resolve an issue before it leads to trial and in some cases, can offer more compensation for claimants in order to prevent going to court.

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