Disability Law Show: Ontario – S4 E30

Episode Summary

Should LTD claimants document sessions with their treatment providers? Disability lawyer and partner Tamar Agopian at Samfiru Tumarkin LLP answers this question 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

• Time limits to exclude or deny long-term disability claims: Individuals who have been denied disability benefits and want to pursue their benefits are able to do so up to two years after the initial date of denial. In some cases, claimants will turn to the appeals process in order to receive their benefits. it is important to remember that the time frame to pursue benefits is not altered despite the appeals process. There are exceptions to these specific time frames in regard to application deadlines and limitation periods. It has to be clear to claimants that they have been denied benefits by the insurance company.
  
• Copy of medical report requested by an insurer after 2 years of LTD: Claimants who have an available medical report must share it with the insurance company. It is important to keep the insurer up to date with all possible information, including a prognosis and accommodations. Insurance companies often state claimants must be responsible for proving that they continue to be disabled.
  
• Documenting communication with an insurance adjuster or provider: Claimants who are on long-term disability should document in writing all communication with the insurance adjuster in order to protect their own interests if a claim is denied. There is a general expectation that treatment providers’ notes will be taken by the professionals involved, such as doctors and specialists. Many treating professionals take certain information for granted and so claimants should try and document their own reports after each treatment or examination.
  
• Approval for CPP Disability but constantly asked for updates: Insurance companies do receive a credit for CPP Disability. In order to qualify for CPPD, a claimant has to have a severe and prolonged disability. Alternatively, claimants who wish to receive LTD after 2 years must be disabled from working in any occupation in which they have the minimum requirements.