Disability Law Show Global News Radio – S8 E21

Episode Summary

COVID-19 long-haulers, disability benefits for union employees, and more on S8 E21 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

Many COVID-19 long-haulers are facing difficulties with long-term disability claims.

A rising number of Canadians who have had COVID-19 are experiencing long-term symptoms of the virus for months after the initial diagnosis, and are defined as COVID-19 long-haulers. Employees who have symptoms, both physical or psychological, that prevent an individual from working should be approved for LTD. If denied, claimants should contact a disability lawyer as soon as possible.

I’m a teacher and have fibromyalgia and chronic fatigue. I was on short-term disability but was eventually denied LTD. What are my options?

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Fibromyalgia and Long-term Disability Claims
OTIP Disability Claims

Unionized employees that have been denied long-term disability claims can in some situations seek legal counsel from a disability lawyer. It is important for unionized employees to look at their collective bargaining agreement to determine their next steps and affirm the support from their doctors.

I have cancer and purchased private disability benefits. I applied for LTD but was denied and after seeking legal help I discovered my lawyer was not a disability lawyer. What do I do now?

Claimants should ensure that the legal help they are seeking in order to pursue their disability benefits is in fact well versed in disability law. It is important not to waste time pursuing disability benefits after an initial denial as there is a limited amount of time in order to do so.

I was approved for LTD for 3 months but I haven’t received any payments. The insurer believes I can return to work but I need more time to recover. How do I pursue what is owed to me?

Insurance companies tend to pick selective information from the medical reports they receive in order to deny long-term disability claims. Claimants in these situations might also be owed compensation for punitive damages as the insurer is causing unnecessary additional stress.

I’ve been seeing a psychotherapist for depression and anxiety. My doctor and therapist say I’m not ready to work. The insurer wants me to go to their own therapist. Do I have to go?

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Depression and Long-term Disability Claims

In order to qualify and continue to receive disability benefits, claimants do have to seek treatment and continue recommended therapy by their doctors. Insurance companies often pressure claimants to go to their own recommended doctors and therapists. Most insurance policies do not stipulate that a claimant must seek treatment from the insurer’s own doctors. Claimants should try and follow suggested treatment but also decide whether or not the requests are reasonable.