Disability Law Show: Ontario – S4 E56

Episode Summary

What happens to a disabilty claim if a claimant loses their job? 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

• Strict timelines for applying for disability benefits: Claimants should not assume that after approval from short-term disability benefits, there will be an automatic transfer to long-term disability benefits. Short-term disability is typically for about 4-6 months before LTD begins. While it is important to send in applications and documentation on time, ultimately, courts have granted claimants relief from forfeiture which effectively forgives the late application.
• Lost employment and disability claims: Individuals applying for a disability should note that their claim is crystallized the moment they have determined they are no longer able to work, and the insurance company that responds to the claim. Regardless of an individual’s employment status, and whether or not an employer decides to change insurance coverage, the claim that was in place as a claimant took disability leave remains in place.
• Communicating with an employer while on LTD: The insurance company has an obligation to communicate with a claimant’s employer and update the employer on the disability claim. Those on long-term disability leave should remember that theoretically, employers should already be kept up to date. Employers are permitted to know a claimant’s prognosis and the possible accommodations needed at the workplace however they are not entitled to information regarding a diagnosis.
• Cut off at the two-year mark of disability benefits and the possibility of a new job: The onus is on an insurance company to undergo their own analysis of a claimant’s background to determine what jobs would be possible and comparable. Education and background and an in-depth analysis must be conducted adequately and claimants should be given a transparent detailed decision from the insurance company. Ultimately, many claimants are cut off from benefits at the change in definition period despite the support of a treating doctor.