Disability Law Show: Ontario – S4 E37

Episode Summary

Can you be denied LTD as your disability is considered a workplace issue? 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

• Mental health claims and treatment: Claimants suffering from a mental health illness should engage with their primary providers to seek out the appropriate treatment and for referrals to specialists and therapists. Extended health care is often included in an employee’s health benefits and at times can include therapy and medications.
  
• Mediations must take place in order to further the legal claims process: Courts do not typically want to see the legal process delayed by insurance companies and mediations are an important step to resolving a claim. Mediations are imperative and should not be avoided.
• Cardiac condition and denial of LTD benefits: Many insurance adjusters deny claims and push claimants to resume a sedentary position instead of a physically labourious position. In many cases, however, claimants are still not able to work despite the sedentary nature of the job. Claimants should speak to their doctors about their possible restrictions and whether or not they are able to return to work in any capacity.
• Employers influence LTD approval or denial: Most employees receive benefits through a group insurance plan. Adjusters will ask an employer questions regarding their employee’s work habits, incidents that may have occurred, etc. In some cases, a long-term disability claim, particularly those that are related to a mental health condition, is influenced by a toxic work environment. Adjusters will try to argue that certain claims are in fact a workplace issue.
• Mis-representation of health history and LTD claim denied: In some private disability policies insurance companies, claimants are asked to send in a detailed application of their entire history. Ultimately insurance companies evaluate an individual’s health and the possible premiums they will be obligated to pay. Claimants should be as open and honest as possible about their health and if denied on this basis, can request a copy of the long-term disability policy to determine the reason for the denial.