Disability Law Show: Ontario – S4 E67

Episode Summary

Are claimants obligated to attend an IME? Disability lawyer, national practice leader and Partner James Fireman and Tamar Agopian, at Samfiru Tumarkin LLP, answer 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

• Vaccine injury support program: There is a subset of individuals that have had an adverse reaction to the COVID-19 vaccines. This government program is very similar to the CPP Disability program, particularly in regard to eligibility. It is not completely clear what compensation is available to those who have sustained an injury as a result of vaccination. The rate of approval for this program is currently very low.
• Individuals with a family history of heart disease: At times, insurance adjusters can deny LTD on the basis of no specific physical restrictions despite no physical assessment. It is important for claimants to understand that being disabled from work does not mean a complete incapability of going to work. Claimants who by working are putting their health under duress and shortening their lifespan, are owed disability benefits.
• Unable to work due to panic attacks but being sent for an IME: Insurers are within their rights to have a claimant assessed by a qualified medical professional in a relevant field. Claimants must attend an independent medical evaluation if requested by their insurer. Insurers cannot force a claimant to receive treatment from a specific medical professional. Individuals should document the assessment in writing for future records, including the time spent being assessed.
• Odds of the success of an appeal: Appeals do not necessarily have a deadline but the process is conceived of by the insurance company and it is not outlined in a disability policy. The appeals process does not have a specific time frame and insurers are not obligated to respond in a timely fashion. In general, appeals can waste valuable time for claimants and unlike a legal claim, are rarely successful.