Disability Law Show: Ontario – S4 E59

Episode Summary

What impact could an independent medical examination have on an LTD claim? 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

• A physical disability for an employee in a repetitive job sent for an IME: Insurance companies are within their rights to send a claimant for an independent medical assessment. Typically, assessments are conducted in person for those who have physical disabilities. Claimants who are forced to attend a virtual assessment for a physical disability cannot possibly be assessed accurately. It is important not to be pressured by the insurer after an IME as well as request a report of the examination.
• Other programs for claimants to apply for other than LTD: Many employees have access to long-term disability benefits through a group insurance plan through their employer. An enhancement must be offered for those employees that not only earn a base salary but commissions and other compensation. It is important to look closely at the provisions outlined in a disability policy.
• Involvement from a client once a legal claim has been filed: After a legal claim has been filed against an insurance company for disability benefits, claimants are able to focus on their own recovery and no longer have to communicate with an insurance adjuster on their own. Many claimants can feel additional stress and anxiety while conversing with an insurer.
• Long-COVID diagnosis leads to denial of LTD: Long-COVID-19 has a variety of symptoms as well as a diagnosis. Many symptoms of long-COVID-19 are not physical and are much harder to obtain physical evidence of, such as neurological effects. It is important for claimants to remember that ultimately a diagnosis is not fundamental to receiving disability benefits. The key issue for claimants is function and ability to continue working as a result of symptoms.