Disability Law Show Bell Radio – S3 E45

Episode Summary

Discover your rights and the truth about insurance companies and long-term disability claims on Season 3 Episode 45 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.

Listen to the Episode

Episode Notes

I’m a unionized employee and went on disability leave due to mental health reasons. I’m also the primary caregiver to sick family members. I’m on a salary continuance but I’m not sure how long that will continue. Should I be seeking treatment?

Employees who are on medical or sick leave due to a disability should to the best of their ability be seeking treatment and listening to their doctor’s advice. Claimants who have not been undergoing treatment for their condition will have a very difficult time proving a disability to an insurance company in order to receive disability benefits.

My husband was put off work because of a heart condition. He’s also been struggling with depression and alcohol. He would really rather be working but hasn’t been stable enough. The insurance company is holding his alcohol use against him and cut him off last year saying he could do another job.

Often when claimants have a substance abuse problem or dependency that can contribute to a disability, insurers cut off disability benefits but use another reason to do so. Claimants who are on disability for more than two years are considered to be disabled from more than just their own occupation and are unable to work in any comparable position. Insurers who have continued to pay claimants past the two-year mark and then decide to cut off benefits will have difficulty proving a claimant is able to work in another job.

LEARN MORE ABOUT DISABILITY TERMS
Own Occupation vs. Any Occupation

Are there strict timeframes for when a person needs to apply for disability benefits? How do you find out what those timelines are?

Typically the application process is within a set period of time after a claimant becomes disabled from working. It is important to keep in mind that if a claimant misses this time frame, in most cases they will still be able to bring forward a claim if the reason for missing the deadline is reasonable and it is not years after the fact. There is also a limitation period for bringing forward a legal claim to pursue disability benefits. Claimants who have had their benefits denied or had their benefits cut off will have up to two years after the initial denial to pursue their rights.

I was attacked while working and injured my hand. The specialist is not confident that my hand will recover enough to allow me to get back to the work I was doing. The LTD insurer denied my claim. I’m told I have a workers’ compensation claim, but my employer is not covered for that.

Insurance companies typically receive a credit when a claimant is able to have a workers’ compensation claim. Claimants who have been approved of workers’ compensation will receive more benefits than long-term disability. Claimants who have their doctor’s support and are unable to work should not return to work unless they are cleared to do so.

Do you have to sue the insurance company in order to pursue your disability benefits?

Insurance companies believe that they have a basis for denying or cutting off benefits and hope that claimants will give up and not pursue a legal claim. Appeals are encouraged by insurers and are not effective. Beginning a legal process shifts the power and control the insurance company holds over claimants back to the claimant.

WATCH TO LEARN MORE
Disability Law Show Season 4 – 3 Ways the RIGHT disability lawyer can help when your claim is denied

I was injured in a car accident while on employment insurance but now I am unable to work due to significant pain. My employment insurance is about to run out. What can I do?

Individuals who have been involved in an accident are entitled to statutory accident benefits which can include income replacement benefits as well as medical and rehabilitation benefits. A legal claim can be brought against the perpetrator of the accident, including for a loss of income. Individuals who are covered through their employer can apply for short or long-term disability benefits.