Disability Law Show: Ontario – S5 E13

Episode Summary

Can you move while on disability benefits? 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

• Individuals with physical and mental health conditions: Claimants that experience ongoing mental health conditions that are triggered as a result of the workplace are often denied disability benefits due to the reason for their condition. Insurance adjusters can be aggressive particularly around the change in definition period in order to cut off benefits. Benefits that are approved past the change of definition can be on claim till the expiration of the policy.
• Moving while on a disability claim: There are rules for disability claimants to follow in which they can assert their legal rights in specific jurisdictions. Most disability insurers are national and the manner in which they adjudicate claims is similar in every province. Entitlements tied to particular provinces can differ. Typically it does not have an impact on disability benefits if a claimant has to move to another province in order to facilitate further care. It is vital to determine the specific wording in a claimant’s disability policy.
• Undiagnosed chronic fatigue denied disability benefits: Claimants typically receive short-term disability benefits through their employer. Conditions that are undiagnosed can lead to denials by insurers on the basis of a lack of medical evidence. Courts have stated that claimants that have symptoms that prevent them from working, regardless of a diagnosis, should receive disability benefits.
• Union and hiring a disability lawyer: Most union members are able to contact and seek legal advice from a disability lawyer if their claim has been denied. Individuals unsure about their rights should look at the terms outlined in their collective agreement.