Disability Law Show Global News Radio – S8 E22

Episode Summary

Seeking an appropriate disability lawyer, independent assessments, and more on S8 E22 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

I have a disability lawyer but he doesn’t explain anything about the process and threatened me with bankruptcy. I need new legal counsel. What should I do?

Disability lawyers are obligated to operate in good faith with their clients. Bullying and harassment can lead to ethical violations as well as law society violations. It is a disability lawyer’s job to protect their client and advocate for their rights. Before agreeing to hire a lawyer, it is important for clients to do research into the firm and lawyer in order to determine whether or not they’re a good fit.

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My employment lawyer informed me my LTD benefits might be cut off if my employment case is settled. Is this true?

If an individual is on long-term disability and is undergoing an employment matter, it is important for them to seek legal counsel from a lawyer who is well versed in both employment and disability law. Termination releases and settlements can often affect a claimant’s disability benefits.

I’ve been on LTD for 3 years but my most recent payment was less than I’m owed. My insurer wants me to take a course to be trained as a secretary. What are my options?

Insurance companies typically rush a claimant’s back to work program and cannot decide of their own volition to decrease a claimant’s disability benefits. It is important to remember that after 2 years a claimant has to pass a much more difficult test in order to be eligible for benefits. If a claimant feels they are unable to participate in a re-training program, they should ask for all of the program details and communicate with their doctor.

I’m entitled to a yearly cost of living increase in my insurance policy, but I haven’t seen an increase in my benefits. How do I pursue my rights?

Claimants should contact their insurance adjuster to determine why certain obligations have not been met. If a claimant feels their insurer is not meeting the necessary requirements, they should reach out to a disability lawyer as soon as possible in order to pursue their rights.

I’ve been on LTD for 2 years. Is it my employer’s responsibility to pay for the insurance premiums or mine?

In most long-term disability policies, once a claimant is approved for disability benefits they no longer have to pay premiums. Claimants should ask to see a copy of their insurance policy if they do not already have access to it in order to determine if this provision is included.

I sought out an independent medical assessment and paid for it myself. My LTD was approved for more months but now they’re asking for an IME with one of their own doctors. Do I have to do this?

The insurance company does have a right to have a claimant be assessed. Claimants should be prepared for the assessment and speak to a disability lawyer if they are unsure how to proceed. Insurance companies typically request an IME as they are preparing to cut off a claimant’s benefits.