Disability Law Show: Ontario – S4 E77

Episode Summary

Should LTD benefits continue if you have returned to work part-time? 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

• Poor work environment leads to mental illnesses: In some cases, a stressful work environment can lead to an inability to work due to the deterioration of mental health. Claimants are able, with approval from their doctors, to return to work and should do so gradually. Often, employment and disabilty issues can be connected. For those that are unable to work full-time, it is important for insurance companies to continue disability benefits.
• Teacher claimant denied LTD and was told to appeal by the union: Appeals are rarely successful as the appeals process is conceived of by the insurance company itself. Appeals are not conducted by an objective third-party arbitrator and are often overseen by the same adjuster that initially denied the claim. Insurers for teachers typically take a long time to answer appeal applications. Claimants that are part of a union are able to seek legal advice from a disability lawyer if denied LTD.
• Denied LTD due to pre-existing clause in policy: Claimants applying for LTD should note that certain disability policies do have clauses regarding pre-existing conditions. Claimants that authorize insurers to look at past medical documentation can be proactive and ensure their treating medical team provides specific information to their adjusters. This is important if medical conditions are not related.
• Applying for CPP Disability while on LTD: Approval for CPP Disability is considered to be more difficult than approving for LTD as the test in order to qualify requires a claimant’s disability to be severe and prolonged. Many disability policies offer credit to insurance companies on the basis that a claimant, if approved for CPPD, would receive other benefits.