Disability Law Show: Ontario – S4 E62

Episode Summary

Is transitioning to long-term disability from short-term automatic? 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

• My doctor wrote a letter detailing psychological illness to the insurer: It is important to remember that claimants who start off with a specific set of symptoms or a health issue are not confined to that sole medical condition. Over time, it is not uncommon to develop other health conditions or symptoms that can contribute to an inability to work. A doctor’s reports to an insurer should be detailed and specific to a claimant’s restrictions and possible prognosis.
• Approval for LTD if approved for short-term disability: There is no automatic approval for long-term disability if a claimant has been approved for STD. Generally, the short-term disability period is paid for by an employer. A third-party provider or insurance company adjudicates a short-term disability claim. Claimants should not assume that there will be an easy transition from short to long-term disability. It is important to determine the maximum amount of time for STD and in that time frame when an application for LTD should be submitted.
• Claimant choosing not to follow insurer-recommended treatment: It is important for those on LTD and undergoing treatment to listen primarily to the advice of their own treating physicians. The insurance company’s goal is largely short-term and so prescribed treatment is offered in the interest of ensuring claimants return to work, despite possible long-term effects of treatment or medication. Non-compliance issues are very rarely found in favour of the insurance company.