Disability Law Show Global News Radio – S8 E29

Episode Summary

Return-to-work programs, supplying medical notes to your insurer, CPP Disability (CPPD), and more on S8 E29 of the Disability Law Show on Global News Radio in Toronto and Vancouver.

Listen below to Sivan Tumarkin, a Toronto disability lawyer and Partner 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.

Listen to the Episode

Episode Notes

My LTD insurer wants to put me on a return-to-work program, but I’m not ready. What can I do?

If your doctors have not cleared you to go back, get a letter from your doctor stating that it’s against their medical advice for you at this time to try to go back to work. Send that letter to your adjuster via email just to make sure they get it in writing. Ask for their position with respect to this gradual return to work plan. If they tell you that you will have to do it despite the fact that your doctor has not cleared you to go back and you’re not ready, usually what they’ll say is they are going to stop your payments. In that case, the insurance company arguably is in breach of its obligations under your LTD policy.

LEARN MORE
• 5 Things you MUST do if your LTD is about to be cut off
• Return to Work and Long-term Disability FAQ

I have back and leg injuries, but my insurance company is saying I can perform another occupation. What can I do?

When you are on LTD for the first two years, the threshold for disability is, can you do your own occupation? After that, the question to determine eligibility becomes can you do any occupation for which you are suited by training, education, and experience? At that point, the insurance company will send you to an assessor to determine if you have other skills that you could use in another occupation. In this situation, you would need to contact us and talk to us. We’ll review your documentation and tell you what you can do, especially if the insurance company did something wrong here.

I’ve been on disability for four months, and the insurance company wants me to go back to work at a different occupation. Can they do that?

Since you’ve been on disability for less than two years, the test for disability is: can you do the essential tasks of your occupation? In the first two years, you have no obligation to perform another occupation. Because of that, your insurance company is misrepresenting the situation. They cannot tell you to go do something else or get retrained for another profession unless the policy allows it. Look at your policy and see what your obligations are.  The insurance company is obligated to pay you if you cannot perform the essential tasks of your occupation. Reach out to us if you want to discuss this further.

I want to apply for long-term disability. My insurance company wants my psychologist’s note – do I have to comply?

Insurance companies operate on documentation, and they do have a right to medical information, and there are limits to that right. But if the nature of the disability is psychological, and the treating medical professional is a psychologist, the insurance company needs to see those notes. However, there are strict rules about what they can do with those notes. They can’t share those with your employer or Revenue Canada. The only way they can share those notes is if there is a court order.  So, if the insurance company is asking you for the medical notes, you need to provide them.

LEARN MORE
• Doctor & Treating Health Professional Reports FAQ

I was on LTD for two years, and my insurer said I had to go back to work. I don’t think I can work. Can I go back on LTD?

It’s not uncommon for LTD insurance companies to tell individuals to go back to work at the two-year mark. Here’s the thing – if you are working essentially in a full-time capacity for the past year and three months, the reality is that it’s very tough to argue that you are unable to work. The insurance company is going point to that time and say you’re able to work. If you are still disabled, and you are not ready to go back, do not go back to work. If you do go back to work, you have to make sure that it’s documented that you are trying to go back and your doctor is on board with this attempt to go back.

If I apply for CPPD, how will that impact my retirement benefits?

Whether you can collect your pension and CPPD depends on what your pension plan says, because pension plans vary. If you’re not sure, you should investigate before you apply for CPPD. Some LTD insurance policies state what the insurance company gets credit for, like CPPD, and they may get credit for your pension. In which case the amount of your pension would be deducted from your disability payments by your insurer. If you’re uncertain about whether your CPPD benefits will prejudice your future CPP retirement benefits, contact the CPP office and they will tell you what the impact will be and what will happen.

LEARN MORE
• CPPD and Long-term Disability FAQ