Disability Law Show: Ontario – S4 E54

Episode Summary

Should disability claimants be wary of surveillance? Disability lawyer and partner James Fireman at Samfiru Tumarkin LLP answers this question 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 can get you the advice you need, and the compensation you deserve.

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Show Notes

• The claimant’s disability lawyer helped the client file several unsuccessful appeals: It is important for claimants to recognize that the appeals process is rarely successful and generally wastes a claimant’s time. In very few instances, a claimant is able to appeal a denial if there is new medical information and updates available. It is also vital for claimants to research and hire a reputable disabilty lawyer in order to pursue their disability benefits. It is far more effective for clients to file a legal claim rather than an appeal.
• Insurers’ recommended psychotherapist recommendations lead to a benefit cut-off: Many claimants fear the potential surveillance that an insurance company can conduct and the repercussions of surveillance. Claimants should not expect that after a legal claim is filed, they will be surveilled. In the case that there is surveillance, it is very rare that the evidence provided by the insurance company and investigator will hold weight in a legal claim. Claimants that are open and honest and simply follow recommended medical treatment should not fear surveillance.
• More difficult to prove mental health in disability claims: The opinion that judges and courts rely on is what a claimant’s treating doctor says and their recommended treatment. It is important for doctors to outline the specifics of a claimant’s inability to work and eventually possible accommodations and restrictions. Other activities and daily tasks that a claimant is able to do are not relevant if ultimately a claimant is unable to perform the tasks of their position.
• The employer changed LTD insurers while on disability leave: A recurrence clause is a provision that ensures if a claimant believes they are able to return to work but are unsuccessful, their benefits will resume and there is no elimination period. Claimants are held and entitled to the terms of their disability policy that was in place when they first began their disability leave.