Disability Law Show: Ontario – S4 E86

Episode Summary

Are claimants on LTD obligated to begin a rehabilitation program? 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.

Listen to the Episode

Show Notes

• Environmental exposure leads to symptoms and inability to work: Claimants should ensure that their doctor’s reports to the insurer are specific, detailed and mindful of possible accommodations. In many cases, a refusal to accommodate a medical condition can not only lead to employment issues but disability coverage as well. Courts have made clear that the cause of symptoms is ultimately not a significant reason to deny long-term disability benefits.
• Terms and conditions in disability policies: In most disability policies, provisions are outlined in which a claimant must seek treatment and pursue recovery. There are limits to rehabilitation programs if it is not reasonable or are negatively affecting a claimant. Claimants should speak to their doctor about possible modifications to a proposed plan. Ultimately, only a treating doctor and medical team’s opinion should matter when determining a return to work.
• Not supportive medical report: Claimants that are only seeking treatment from their GP and receive no support for long-term disability could seek a second opinion if they believe they are truly disabled. There are many scenarios in which a claimant has multiple medical conditions, such as a physical and mental health issue, and one condition on its own might not be disabling, but the other is.
• Appealing an LTD denial while in union: The appeals process is often unsuccessful and generally wastes valuable time for claimants. Appeals are not conducted objectively by a third party and in many cases, are assessed by the same adjuster that denied the claim initially. It is beneficial for claimants, including those in a union, to seek legal advice from a disability lawyer to determine their rights and options.