Disability Law Show Global News Radio – S8 E20

Episode Summary

Returning to work with a disability, medical records, appealing an LTD denial, and more on S8 E20 of the Disability Law Show on Global News Radio in Toronto and Vancouver.

Listen below to Sivan Tumarkin co-founding Partner and Partner 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.

Listen to the Episode

Episode Notes

I had a serious knee and injury and have been on LTD for over a year. I have a physical job and the insurer is trying to force me back to work. What are my options?

Insurance companies are contractually obligated as long as a claimant is unable to work. Only a claimant’s doctor can decide when an individual is ready to return to work or to begin a return to work program. The treating doctor should look closely at the proposed program given by the insurer and communicate their concerns or their disapproval.

Watch to Learn More
Disability Law Show – 3 Things LTD claimants must know before a return to work

I was told that my LTD won’t be approved until all my medical records are sent. My records have been released and informed the insurer there might be a delay. What should I do?

Insurance companies typically delay the process and benefits as long as possible so that claimants give up their claim to their benefits. If a claimant feels they have submitted all necessary documentation and has their doctor’s support, their claim should be assessed. Individuals who feel the insurer is deliberately prolonging the process should contact a disability lawyer.

How should I appeal my LTD denial?

Claimants should note that appealing a denial is typically ineffective and rarely successful. Insurance companies control the appeal process; claimants are not appealing the denial to an external third party.

LEARN MORE
• Disability Law Show – 3 Reasons to avoid an appeal

My sister was harassed at work and she had to go on leave due to depression. She was denied LTD even though her doctor and psychologist say she needs time off. Should she just go back to work?

All employees should feel safe and work in a harassment-free environment. Claimants cannot be forced to go back to work without their doctor’s support, despite pressure from the insurance company. This is a situation in which employment and disability law intersect and it is important for individuals to seek legal counsel from a lawyer who is versed in both types of law.

Learn More
Depression and long-term disability claims

My new insurance adjuster wants me to be seen by their own doctor. Why is that and do I have to go?

Claimants should attend independent medical assessments when requested by their insurance adjuster. After an assessment, claimants should request a report that they can provide to their own treating medical team. Insurance companies cannot ignore the advice of a claimant’s own physician.