Disability Law Show: Ontario – S5 E04

Episode Summary

Should you accept a lump sum from the insurance company? 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

• After two years on LTD: A change in definition period occurs for claimants after two years on long-term disability. The test in order to qualify for LTD shifts from an inability to work due to a disability in a claimant’s own occupation, to any occupation. For claimants with physically oriented jobs, the change of definition period can be more difficult.
• Additional income after a lump sum payment: After accepting a lump sum settlement from the insurance company, the insurer will no longer have to adjudicate a monthly payment to the claimant. The claimant’s file is considered closed on the insurance company’s end as they typically will have received a release. The insurer cannot recalibrate a lump-sum settlement years after a file is closed. It is important for claimants to review a settlement offer closely with a disability lawyer.
  • Learn more
    Communicating with a difficult disability insurer
• Fired while on a gradual return to work plan: Often disability and employment issues can overlap. It is vital to contact legal representation that is well-versed in both areas of the law. In some cases, while claimants are in the process of returning to work, their symptoms increase in severity and their recovery regresses. Claimants that are no longer able to work due to their disability once more, can trigger a recurrence claim.