Disability Law Show Global News Radio – S8 E31

Episode Summary

Extending your LTD benefits, CPP Disability, and more on S8 E31 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

I was informed that after two years of being on LTD, my claim will end. I went back to school and started retraining. Can I get my claim extended until I return to work?

As long as your treating doctors are saying and you’re not ready to go back to any occupation for which you suited for by training educational experience at that two-year mark the insurance company must continue to pay you.

I have been on leave for 16 months due to a major depressive disorder. My benefits company has stated that I will lose my benefits. Should I quit my job, and would there be any repercussions?

There may not be any benefit that you get from quitting your job. If you quit, you don’t get any severance, you’re just resigning, and you lose a lot of the benefits that you would otherwise have. In terms of repercussions, if you were to receive any sort of EI sickness benefits or long-term GI benefits, that’s usually a credit to the long-term disability insurance company, meaning that any other money that you do receive if you receive severance if you receive employment insurance benefits, usually that actually reduces what the insurance company owes you.

My insurance company wants me to apply to CPP Disability benefits to offset what they have to pay me per month, and I have to send in a form. What does it mean?

The form ensures that if you get approved by the insurance company’s you are going to be paid most likely some kind of a retroactive sum of money because it looks backward in time and the insurance company is going to want credit for that. Since the CPP disability overlaps with the time that you were receiving LTD, the LTD insurer is entitled to a credit for anything you get from CPP. But if you start getting CPP disability payments on a monthly basis, the insurance company wants to know what that amount is because they’re going to reduce your monthly LTD amounts by that amount.

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CPP Disability and Long-term Disability FAQ

I’ve been terminated from employment while in the process of applying for short-term disability, and my STD benefits will be cut off during my salary continuance. Do I have any rights?

The first thing to do is look at your insurance policy and see what it says about pertaining to the insurance company getting a credit for your salary continuance. You should also contact a long-term disability lawyer to go over your policy. In your case, you want to make sure that you’re applying for LTD right away. Sometimes your time frames in which you have to apply for LTD by and make sure that you get in that application because just because you are receiving salary continuance. Remember that if you are disabled, and then you’re being let go from your job, you potentially are also entitled to human rights damages. Again, our employment lawyers deal with those kinds of issues.

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Obtaining a Copy of Your LTD Policy FAQ

I’m suffering from the debilitating effects of COVID-19 months and months after my initial recovery, and I was denied LTD.

If you’re legitimately disabled, and your doctors are backing you up and saying you need time off work and you get denied, don’t simply take it. You have rights under our legal systems. Insurance companies are not above the law, as much as they want you to think that they may be. If you can get the information you need, you will be empowered. If you need help, contact us and give us a call or email us.

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