Disability Law Show: Ontario – S4 E61

Episode Summary

Should you file an appeal if denied long-term disability benefits? Disability lawyer and co-managing Partner Sivan Tumarkin and disability lawyer Albert Klein, at Samfiru Tumarkin LLP answers this question and more on the Disability Law Show on 640 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, Sivan and his team can get you the advice you need, and the compensation you deserve.

Listen to the Episode

Show Notes

• On the third appeal of long-term disability denial: It is important to note that the appeals process is rarely successful in pursuing long-term disability benefits. Appeals were created by the insurance companies in an attempt to keep a power imbalance between the insurer and the claimant and waste significant time. Disability lawyers should typically not be advising claimants to pursue an appeal and instead file a legal claim for disability benefits.
• Trauma leads to mental illness and distrust for treatment providers: In many cases, a refusal to comply with treatment can lead to a denial of benefits as most disability policies require claimants to continue seeking treatment. Mental illnesses and severe cases of PTSD must be dealt with care and in the event that a claim leads to a trial, judges are sympathetic to the claimant’s ongoing trauma.
• Speaking to a treating doctor for medical support: In most disability policies, claimants have to prove that they are continuously disabled. Claimants should speak to their treating doctors and provide detailed medical reports to their insurance companies.