Disability Law Show: Ontario – S4 E45

Episode Summary

Should you appeal a long-term disability denial? 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

• The appeals process for long-term disability benefits denial: It is important for claimants to understand that most long-term disability policies do not contain terminology or provisions regarding the appeals process. Appeals were conceived by insurance companies in order to maintain a power imbalance for claimants. Appeals are rarely successful and generally waste more time for claimants hoping to receive approval for benefits.
• Claimant self-medicated with alcohol after cancer diagnosis leads to denial: A claim survives past a claimant passing away. Those in charge of the estate, a trustee, can still pursue disability benefits from the insurance company from when the disability benefits were cut off up until the claimant has passed away. It is important to obtain a disability policy to determine all of the provisions included especially if there is a concern about a claimant’s health prognosis.  Whether or not a claimant has a substance abuse problem or addiction should not sway an approval for LTD benefits as addiction is considered a disability.
• Other sources of income while on long-term disability leave: It is important to understand that passive income, such as investment income, claimants do not have to disclose this information to the insurance company. Claimants who are unsure of their rights can request a copy of their long-term disability policy from their insurer and speak to a disability lawyer.
• Treatment suggested by insurer causing more stress and anxiety: It is important for claimants to continue active treatment and follow the recommendations of their own treating doctors. Claimants do not have to undergo treatment that is causing issues that are debilitating and should request a report and detailed information from their doctor as to why this is not reasonable.