Disability Law Show: Ontario – S4 E66

Episode Summary

Can long-term disability benefits be denied due to a late application? 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

• Several non-specific symptoms but no medical diagnosis: While a diagnosis of a medical condition can help a long-term disability claim, ultimately it is not necessary in order to qualify for benefits. Claims can have a multitude of health issues and ensure an individual is unable to work. The primary and first step for many is ensuring the support of a treating doctor and medical team.
• LTD claim denied due to late application: Insurance companies have strict timelines in terms of when an application can be filed. Timelines can vary but are generally when a short-term disabilty period ends. Insurers can deny benefits on a technical basis but courts generally determine whether or not there is a justifiable reason an application was late. Insurers will look for any reason in order to deny claims.
• Process of an independent medical examination: There is no set time period for an independent medical examination. Most disability policies will stipulate that a claimant has an obligation to cooperate with the insurance companies adjudication efforts, such as attending an IME. Some assessments can take several days to be completed. Individuals should find out all pertinent details of an assessment ahead of time. Many individuals mistakenly do not mention the IME to their own treating medical team or document the assessment in writing and how they felt after the session.
• Depression leads to medical leave from work: Mental illnesses, such as depression and anxiety, can be harder to physically prove for claimants. Individuals that have the support of a doctor and psychiatrist should receive approval for long-term disability benefits but can be denied. Consultations with a disability lawyer can offer vital insight and the next steps for claimants in order to pursue their legal rights.