Disability Law Show: Ontario – S4 E64

Episode Summary

Do long-term disability benefits end after two years? Disability lawyer, national practice leader 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

• Change in definition of disability: While for most disability policies, the change in the definition of disability occurs after two years, in some cases this can occur earlier. Insurance adjusters often lead claimants to believe disability benefits end at the change of definition period, which is untrue. For those unsure of the terms outlined in their policies, requesting a copy from their insurer is permitted and encouraged. Claimants that are unsure of the information being provided by the insurer should contact a disability lawyer.
• Employment terminated while on long-term disability: In the event that a claimant’s employment is terminated while they are on long-term disability, their benefits should not end. In some cases, employment and disability laws and rights do overlap and it is important to seek out legal advice from the appropriate source and a reputable firm. As soon as a claim is brought forth, coverage is crystalized and should continue despite a lack of employment.
• Insurance adjuster pressure for a return to work leads to worsening anxiety: It is not uncommon for insurance adjusters to pressure claimants to return to work, particularly those with mental illnesses. Claimants with depression and anxiety are vulnerable and are more likely to give up when on long-term disability. It is important to remember only a treating doctor can determine when a claimant is ready to work and the possible accommodations needed.
• Pre-existing exclusion leads to denial of benefits: For those who have a pre-existing condition, does not necessarily mean LTD benefits will not be approved. A disability has to appear in the first year of coverage under a new plan in order to be applicable to a pre-existing condition. There are many ways in which this exclusion can work.