Disability Law Show: Ontario – S4 E36

Episode Summary

When does a change in definition occur? What can you do if cut off LTD? Disability lawyer and partner James K. Fireman and Tamar Agopian at Samfiru Tumarkin LLP answer 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 Tamar can get you the advice you need, and the compensation you deserve.

Listen to the Episode

Show Notes

• Change in definition of disability: A trial involved a woman that had suffered a stroke and her cognitive issues made it impossible for her to continue working. After 2 years her LTD was cut off. At the 2-year mark the test in order to qualify for LTD changes in definition from total disability in an individual’s own occupation to any occupation.
• Awarding punitive damages to claimants: Insurance companies have faced extensive punitive damages in some cases if a judge or jury finds that they have behaved not only in bad faith, but caused additional stress and grief to claimants. In the most recent trial, the claimant in question was awarded $1.5 million in punitive damages as a result of the initial denial of benefits.
  
• Relationships between the claimant and the insurance adjuster: Claimants must be open and honest with their insurance adjuster and their insurance company. It is also important for claimants to remember that adjusters are not their friends and that all information provided might be used to cut off benefits or deny a claim. Insurance adjusters are obligated to operate in good faith and a failure to do so can lead to consequences.
• Return to work programs implemented by the insurance company: Around the change of definition time period, insurance adjusters will often push claimants into returning to work. It is important for claimants to return to work only if they have been given clearance by their treating doctor to do so.