Disability Law Show Global News Radio – S8 E17

Episode Summary

Mental illness and long-term disability claims, chronic pain, and more on S8 E17 of the Disability Law Show on Global News Radio in Toronto and Vancouver.

Listen below to Sivan Tumarkin co-founding Partner and Albert Klein, disability lawyers at Samfiru Tumarkin LLP as they join co-host John Scholes and guide you through the proper steps to take when your insurance provider cuts off your long-term disability or denies your insurance claim.

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Episode Notes

My mental health has decreased during the pandemic. Will I be denied LTD coverage as my mental illness is related to COVID-19?

It is important for claimants who are suffering from any mental health illness, such as depression or anxiety, as a result of the pandemic to speak with their doctor. Employees who are unable to work due to a mental illness, regardless of the cause, are eligible for long-term disability benefits.

Do I have to have a diagnosis for my illness in order to be approved for LTD?

Many invisible illnesses and psychological conditions do not have a specific diagnosis. Most insurance policies do not require a claimant to be diagnosed in order to qualify for disability benefits.

I’ve been on LTD for 3 years and now receive CPP. If I am terminated due to a frustration of contract, will my benefits continue?

Claimants who have been LTD for over two years are now considered to be unable to perform in any position due to their disability. It is also difficult to be approved for CPPD. Employers should only terminate an employee for frustration of contract after a significant amount of time. Long-term disability benefits do not end if an employee is terminated.

Learn More
Termination of Employment Due to Illness

I’m receiving therapy for anxiety through insurance. If I don’t return to work, will I have to pay the insurer back?

It is important before agreeing to sign any documentation that an insurance company provides, to seek legal counsel from a disability lawyer. Claimants should not have to compensate an insurer for treatment that did not result in a return to work.

Does my time on LTD count towards severance pay?

The time that a claimant spends on long-term disability still counts towards their length of employment for future severance entitlements.

Can an employer change an employee’s duties and salary while on LTD?

Employers are not permitted to make any fundamental changes to the terms of an employee’s employment while on long-term disability. Significant changes to the terms of employment can result in a constructive dismissal.

Is an employer responsible for accommodations for an employee when they are ready to return to work?

An employer has a duty to accommodate an employee with a medical condition up until the point of hardship. A failure to do so can be a potential human rights violation. If an employer is unable to accommodate certain requests, the insurer is responsible for continuing necessary disability benefits.

I’ve been on LTD for 2.5 years due to arthritis and I receive treatment weekly. A new insurance adjuster says my case was reviewed with a consultant and I should be ready to return to work. What do I do?

After two years on disability benefits, the test to qualify for benefits is much more difficult as the claimant has to be unable to perform essential duties of any occupation. Arthritis is typically a chronic ailment and can be difficult to prove however only a claimant’s doctor can decide whether or not they are ready to return to work.