Disability Law Show: Ontario – S4 E71

Episode Summary

Are you obligated to attend an independent medical evaluation? Disability lawyer and co-managing Partner Sivan Tumarkin and disability lawyer Albert Klein, at Samfiru Tumarkin LLP answer 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.

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Show Notes

• Long-term disability policies for professionals: The two-year mark for long-term disability claimants often means that benefits are cut off due to the change in the definition of disability. In many private disability policies, however, there is no change in definition at the two-year mark, unlike in other group disability policies. It is important for claimants if unsure of the terms of their policies, to request clarification and if needed, a copy of their policy. Seeking legal advice in the event of denial is vital to continue benefits.
• Request for independent medical examination by the insurer: While claimants are obligated to attend an independent medical examination requested by their insurer, many claimants incorrectly assume that after an IME their benefits will automatically resume. Claimants should prepare adequately for an IME and contact a disability lawyer if they fear their benefits will be cut off.
• Case manager replaced by new adjuster: It is not uncommon for a new case manager to look at a case file in a different manner than a previous adjuster. Until a formal denial has been made, a lack of communication between an adjuster and claimant is not illegal or inappropriate. Claimants that feel uncomfortable with a new adjuster or feel they are being treated in bad faith must ensure that all communication is documented in writing. Uncertainty about one’s rights should be resolved by seeking legal advice from a disability lawyer.