Disability Law Show: Ontario – S4 E26

Episode Summary

Can you receive LTD while on maternity leave? What can you do if cut off LTD? Disability lawyer and partner James K. Fireman at Samfiru Tumarkin LLP answers these questions and more on the Disability Law Show on Newstalk 1010 in Toronto.

Listen below to discover important information about your rights and a guide through the proper steps to take when your insurance provider cuts off your long-term disability or denies your insurance claim.

When you need a disability lawyer in Ontario, James and his team can get you the advice you need, and the compensation you deserve.

Listen to the Episode

Show Notes

• While on LTD also on maternity leave: Some disability policies contain a clause that dictates that disability benefits are not payable while on scheduled maternity leave and receiving benefits. Claimants who become pregnant while already on long-term disability benefits should continue to receive LTD. Insurers, in this case, could face potential punitive damages and human rights damages.
• Cut off of LTD next steps for a claimant: Claimants who were on long-term disability leave and have had their benefits cut off unexpectedly should first determine the reason for their benefits end. In some cases, there could be a technical issue or a lack of information such as an updated doctor’s report provided to the insurer.
  
• Approved for CPPD and income limitations while receiving benefits:  The test in order to qualify for CPPD is more strict and severe than long-term disability. In some cases, LTD policies will set out a minimum threshold for income earning ability. Claimants that pass a certain threshold will not be eligible for benefits. As long-term disability cases rarely go to trial, this issue has not been considered in length.
• Declined LTD benefits due to a late application: It is important for claimants that are denied LTD to seek legal advice from a disability lawyer. After two years a claimant is no longer able to pursue their rights to benefits. Claimants who have submitted an application late due to unforeseen circumstances should still be able to apply and be tested for benefits.