Disability Law Show Global News Radio – S8 E18

Episode Summary

Difficult employers while on LTD, late to apply for benefits,  and more on S8 E18 of the Disability Law Show on Global News Radio in Toronto and Vancouver.

Listen below to Sivan Tumarkin co-founding Partner and disability lawyer at Samfiru Tumarkin LLP joins co-host John Scholes and guides 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

I was late to apply for LTD due to delays in contacting my doctors during COVID-19. What are my options?

It is important for claimants to apply for long-term disability benefits and not hesitate to do so if they have their doctor’s support and are unable to work. Claimants who are denied benefits due to a late application should contact a disability lawyer as soon as possible as often technical denials are reversed.

I’ve been on LTD for over 3 years due to anxiety and depression. My condition has improved slightly but I’ll be returning to a new position gradually and my benefits were cut off. What do I do?

Employers potentially owe severance to employees who have been let go while on LTD but could also owe human rights damages. Many claimants want to return to work but should not be preemptively cut off from their benefits. Most insurance policies contain a reoccurrence clause in which a claimant has tried to return to work but was unsuccessful; disability benefits should resume without a waiting period.

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Anxiety and Long-term Disability Claims

What information should my family doctor share with my insurance company? I’ve recently had a concussion.

Claimants do not have an obligation to provide insurance companies with information that is not related to their disability or ailment. Adjusters will likely not appreciate a refusal for an entire medical file and will use the rejection as a reason to cut off benefits.

My job is changing rapidly and I’ve been told I make many mistakes. I have diabetes, anxiety and other ailments. Can I go on LTD?

Individuals should consider whether or not their ailments actually prevent them from doing their job or their workplace is toxic.

As an employer, why should I believe an employee is unable to work due to symptoms when there are standard tests a doctor can perform?

Insurance companies often deny disability claims due to a lack of medical findings or a diagnosis. In most policies, the diagnosis itself is not vital in determining whether or not an individual is eligible for benefits. Cognitive conditions and many illnesses are difficult to prove.