Disability Law Show: Ontario – S4 E34

Episode Summary

Can you change a treatment doctor while on long-term disability? 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

• Claimants approved for short-term disability but still denied LTD: Many insurance adjusters have a financial interest in declining a claim that transitions from short to long-term disability benefits. This often occurs as the employer takes on the onus of payments during short-term disability however insurance companies pay benefits for claimants on LTD. Insurers often advise claimants not to apply for LTD as their short-term benefits come to an end.
  
• Developed depression and anxiety after toxic work environment but denied LTD: Insurance adjusters at times can give claimants a false idea of how many months of benefits they are entitled to. After 2 years of long-term disability benefits, a change of definition occurs and claimants have to prove they are disabled from working in any occupation.
• Worker’s compensation and long-term disability benefits: While LTD is usually set up between the employer and the insurance company, Workers’ Compensation is a completely different entity. Many long-term disability policies contain terms that mention other sources of income, like Worker’s Compensation and CPP Disability, that will enable the insurance company to receive a credit.
• Changing treatment doctor while on LTD: As long as a claimant is continuing to get treatment for their medical condition, it should not factor into an ability to receive LTD. There could be a concern from the insurance company that a claimant is “shopping around” for doctors to confirm that they are unable to work. In reality, it is difficult to find an efficient treatment provider and medical team.
• Information insurers look for in reviewing LTD claims: Claimants should ensure that as many details are contained in the doctor’s reports and other documentation given to the insurance company. Doctors that are unsure about what details they should include in a report can and should speak to a disability lawyer.
• Return to work plan and LTD benefits are cut off: Individuals that are on long-term disability should only return to work if they are deemed able to do so by their treating doctors. Union members are able to pursue a grievance if their benefits are cut off before they are able to return to work and should initially speak to their union representation. Union employees are still able to contact a disability lawyer and pursue their disability benefits.