Disability Law Show Global News Radio – S8 E24

Episode Summary

A toxic work environment, retiring after a denial of LTD, and more on S8 E24 of the Disability Law Show on Global News Radio in Toronto and Vancouver.

Listen below to Sivan Tumarkin and Albert Klein, Toronto disability lawyers and partners at Samfiru Tumarkin LLP, as they guide you through the proper steps to take when your insurance provider cuts off your long-term disability or denies your insurance claim. Learn how to get the compensation you deserve, from leading Ontario long-term disability lawyers.

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Episode Notes

My husband’s disability insurer asked him to apply for CPP Disability.  Can the insurance company cancel his LTD if he receives CPPD?

A claimant’s LTD benefits should not be affected by CPP Disability and in many ways, CPPD can help claimants remain on LTD. The test in order to be approved for CPPD is often more difficult than the test to qualify for LTD. Claimants should receive the same amount of benefits each month.

My doctor has said I am unable to work due to psychological issues stemming from a toxic workplace. The insurer said I should instead apply for WSIB. Is this right?

Many claimants are denied benefits due to the reason for the symptoms they are experiencing and whether or not the condition is generalized. Often a toxic workplace is blamed for a claimant’s mental illness. It is important to remember that if a claimant’s condition does not improve by changing the work environment, they are still considered disabled.

I had a knee replacement and was off work but denied LTD as the insurer said I could do another job. After returning to work I retired as I wasn’t able to do my job.

Claimants should not return to work if they are unable to work and have their doctor’s support. Claimants should remember that only their treating physicians are able to give approval of when they are ready to return to work and if accommodations are required. Employees who resign or retire before they are ready are potentially giving up their entitlements.

I’ve been given notice that my benefits will end in the next year. I have a group benefits policy plan as well as private insurance. I don’t know what to do next.

Most insurance policies after the first two years, claimants have to demonstrate that they are not able to work in any occupation. It is a more difficult test to prove after two years of long-term disability. Claimants who are unable to work in any occupation should continue to receive their long-term disability benefits and if denied or cut off, should contact a disability lawyer.

Can you do any other non-employment-related work while on long-term disability?

Claimants should consider the advice they are given from both their doctors and a disability lawyer if they are worried their benefits will be cut off. While a claimant could have the legal right to pursue some non-employment work outside of their job, practically it could lead to their benefits being cut off.

LEARN MORE
• Employment Issues and Long-term Disability
• Arthritis and Long-term Disability Claims

I worked as a building operator and was diagnosed with arthritis. My pain became unbearable and I was later terminated. Can I apply for LTD?

Employees who are unable to work due to a disability should apply for benefits as soon as they are able to, whether that is short or long-term disability benefits. Claimants who are let go but are still unable to work are able to apply for long-term disability as their symptoms occurred while they were still working. It is also important to remember that claimants who are terminated due to their disability, might have had their human rights violated.