Disability Law Show: Ontario – S4 E83

Episode Summary

Is it beneficial for a claimant to file an appeal after a denial of LTD? 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

• Work hardening program implemented by the insurer: Many insurance companies will push claimants to begin a work hardening or return to work program as a change in the definition of disability period occurs. Claimants should speak to their treating medical team and doctor throughout this process in order to determine if a return to work is possible and realistic.
• Repeated appeal attempts after a denial of LTD: In some cases, insurance companies will not approve long-term disability benefits right away. Disability insurers have to look at the restrictions of a claimant’s disability, and the essential tasks of a claimant’s job. It is important for claimants to remember that the appeals process is rarely successful and was created by insurers in order to waste time and ensure the process remains within their control.
• Not considered disabled despite severe depression: Mental health claims are adjudicated to a much better degree currently but in some cases, still face more difficulty in receiving approval. Illnesses like depression and anxiety can be more difficult to prove with physical tests however, individuals with the support of their treating doctors and therapists, should be approved for LTD. The term ‘totally disabled’ has a specific context regarding long-term disability benefits and is often misconceived as a complete inability to function.