Disability Law Show: Ontario – S4 E73

Episode Summary

When does a transferable skills analysis typically occur? 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

• Provided sufficient medical evidence but LTD cut off: At the two-year mark and change of definition many claimants on long-term disability have their benefits cut off by the insurer. It is important for claimants to seek legal advice from a disability lawyer as soon as they are informed their benefits will end if they are still unable to work. A transferable skills analysis typically occurs at the change in definition period in order for insurers to identify if there are other positions a claimant is able to do.
• Returned to work but symptoms have progressed in severity: Claimants in some situations are able to continue to work but their health could still suffer as a result. Despite the deterioration of health, insurers will use the ability to work to cut off or deny disability benefits. Insurers are obligated to have an accurate and in-depth assessment of a claimant’s health. Claimants that have a condition that suggested that they should not continue to work as it will cost years off of their lives are considered to be disabled.
• Underlying issues lead to injury but denied coverage: It is an incorrect assumption that an injury at work prevents them from being able to access disability coverage. Claimants that are entitled to LTD, as well as Worker’s Compensation, should remember that the insurer will receive a credit from Worker’s Compensation. The cause of a disability ultimately is not as important as the symptoms of a medical condition.
• Diagnosed with ALS and qualifying for LTD: ALS is considered to be a progressive disease and in the long term can be disabling. The issue for disability insurance is always whether or not a claimant is able to function in their job as a result of their medical condition. Claimants will have to prove that their diagnosis and accompanying systems are preventing them from being able to work. Claimants with progressive diseases should continue to communicate with their treating medical team and ensure that if applying for LTD, all necessary documentation and detailed medical evidence have been sent to the insurer.