Disability Law Show Bell Radio – S3 E46

Episode Summary

Discover your rights and the truth about insurance companies and long-term disability claims on Season 3 Episode 46 of the Disability Law Show on Newstalk 1010 in Toronto.

Listen below to James Fireman, a Toronto disability lawyer at Samfiru Tumarkin LLP, who guides 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

Claimants who are travelling during the holidays should be wary of public health restrictions.

It could be problematic for claimants who are on disability benefits to traveling and potentially be prevented from seeking out treatment due to COVID-19 travel restrictions. While it is unlikely that a claimant will have their benefits denied, there could be a possibility that insurance adjusters could halt benefits temporarily.

If I slip and fall and have an accident due to the weather what are my rights?

There is a 10-day limitation in which an individual who has slipped and fallen on the public and city-owned property can inform the city of their injury. The city must be given the opportunity to investigate the incident. For most municipalities, individuals will be able to provide the information online. It is critical that the report is as precise as possible and has as much detail as possible to the location and it is recommended to take pictures of the area of the accident.

I got a letter from my insurance company with a payment of 8 months of benefits paid all up-front because they said I don’t qualify for disability benefits anymore. My doctor says I still can’t work, so should I be pursuing more disability benefits?

Claimants are typically cut off around the two-year mark of their benefits as the test in order to qualify for disability benefits changes from an inability to work in their own occupation, to any occupation. Insurance companies often do not want to pay claimants for the foreseeable future. Despite a buy-out, claimants who are unable to work in their occupation or any occupation should not return to work without their doctor’s approval and pursue their disability benefits.

What do you say to people who have been given legal advice to exhaust all levels of appeal offered by the insurance company before starting a legal claim for benefits?

The appeals process was created by insurance companies in order to waste time for claimants. Appeals are rarely successful and are conducted by the insurance company that initially denied the disability claim and not an objective third party. It is important to adhere to advice from a legal professional and not other sources of information regarding the legal process and pursuing benefits.

I have multiple sclerosis and with my health deteriorating I am considering going off on permanent disability.  If I am on disability, is it going to be possible to move to a different province?

Most disability policies do not have restrictions in terms of claimants moving to a different province. Claimants who are unsure of the terms in their disability policy can request a copy of the policy and speak to their insurance adjuster of the move. As long as claimants are able to continue to seek treatment, their disability benefits should not be affected.

If someone is receiving disability benefits and the company goes out of business, how does that impact their disability claim?

Claimants who are on disability benefits should not ultimately be affected if their employer goes out of business. A disability claim is formalized on the date that the claimant goes off on leave and is considered disabled. Claims will continue until a claimant is no longer considered disabled under the policy or until they turn 65.

LEARN MORE
• Disability benefits and employment issues

I’ve been on LTD for years and with prices going up for everything.  I was told to apply for CPP Disability. Will they give me back-pay for possible disability benefits?

Back pay for benefits can be given if there is a valid reason why a claimant did not apply for CPP Disability earlier. There is however a concern if a claimant has not worked for many years and paid into CPP disability. Typically CPP disability limits retroactive payments to one year before an application is received.

I had cancer several years back and was on LTD. I was told that since they could not accommodate me, I would have to apply for CPP disability. I did and now receive the same amount from both sources. Is this accurate?

It is important for claimants to apply for CPP disability as soon as possible. Insurance companies typically receive credit for claimants who receive CPP disability benefits. It is not common for claimants to receive the full amount of benefits for both disability benefits as well as CPP disability. Claimants who are approved for CPP have a much stronger LTD case and it will be difficult for claimants to be cut off of benefits.