Disability Law Show: Ontario – S4 E28

Episode Summary

What should claimants do if their LTD benefits are cut off unexpectedly? Disability lawyer and partner Tamar Agopian at Samfiru Tumarkin LLP answers these questions and more on the Disability Law Show on 640 Toronto and Newstalk 580 CFRA.

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, Tamar and her team can get you the advice you need, and the compensation you deserve.

Listen to the Episode

Show Notes

• Guide for treatment providers who have patients on LTD: Individuals who are unable to work are typically entitled to apply and pursue LTD benefits. The key to receiving benefits is often tied to medical reporting. It can be very difficult for doctors and treating providers to understand what is necessary for claimants to continue their benefits on long-term disability. 
  
• CPP Disability and income threshold to receive benefits: The test in order to qualify for CPP Disability is largely more difficult than that of long-term disability. There are some technical elements that can affect the number of benefits that are considered taxable for individuals. CPP Disability states that individuals can earn up to a certain amount before they are re-evaluated. The threshold in order to qualify for LTD is very different and the terms and conditions will consider whether or not a claimant is receiving CPPD or has applied for the program.
  
• Battling depression and addiction due to inability to receive treatment: Addiction and substance abuse is considered to be a disability. Most disability policies include terms and provisions that state a claimant must be receiving appropriate treatment in order to continue to receive benefits. There are also time frames in which a claimant has to apply for LTD. Courts, in general, have stipulated that applications have to be significantly late and without a reasonable reason for the delay in order to be denied. Insurers often resist claims of substance abuse or addiction despite the common tie to mental health illnesses. 
  
• LTD benefits cut off unexpectedly: Claimants who have had their benefits cut off without warning should first contact the insurance adjuster in order to determine the reason. It is important to ask for the reason benefits have ended in writing. In some cases, claims are cut off in bad faith.
• Cut off benefits after 2 years and told to do another job: The analysis by the insurance company in order to determine how a claimant can transfer their skills to a new position often lacks important details and occurs at the change in definition period. Insurance adjusters have to find a comparable position and reasonable job for a claimant and must take into consideration necessary accommodations. Insurance companies are not obligated to provide more education and training to individuals.