Disability Law Show: Ontario – S5 E17

Episode Summary

Why is the appeals process largely unsuccessful? 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

• Mental health disability claims: Unfortunately many disability insurers still do not consider mental illnesses as valid disabilities. Often, a transition from short to long-term disability benefits will result in denial despite an initial short-term approval. It is important to note that insurers will also insinuate that a mental health condition is situational and not generalized. Claimants should contact a disability lawyer if their treating doctor continues to support their inability to work.
• Repeated appeals denied despite doctor approval: It is far more beneficial for claimants to file a legal claim rather than an appeal. The appeals process is rarely successful and generally wastes a claimant’s time. Appeals are not conducted by an objective third party and frequently are viewed by the adjuster that initially denied the claim.
• Chronic pain but no diagnosis after an accident: Some conditions do not have a specific diagnosis or it can be difficult to find objective medical evidence. Insurance adjusters can use a lack of a diagnosis to deny a disability claim. It is important to remember that the courts have stated a diagnosis is not necessary to meet the test for disability. Claimants with chronic pain and the support of their doctor can and should still apply for disability benefits.
• Other programs and benefits while on LTD: Claimants can and should apply for other programs, like EI sickness benefits, if applicable and able. Other government programs can provide relief and alleviate stress while claimants pursue a legal claim or wait for approval from LTD. Some programs, like CPPD, can also strengthen a disability claim.