Disability Law Show: Ontario – S5 E18

Episode Summary

Why are claimants with chronic pain cut off from 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

• Rehabilitation program suggested: Most disability policies will stipulate that if an insurer believes a claimant requires a specific treatment or rehab plan, the plan must be attended. In some cases, a refusal to attend a rehabilitation program can lead to a cut-off from disability benefits. Claimants should continue to follow their own treating doctors’ advice and ensure that all medical reports are specific and detail whether or not a treatment program is recommended.
• Chronic pain but benefits cut off after two years: There is often a cut-off from disability benefits by the insurer at the two-year mark. After two years of long-term disability, there is a change in the definition of disability. Claimants after two years of disability benefits will have to prove an inability to work in any occupation, and not just their own. Claimants with chronic pain and other invisible illnesses can experience skepticism from insurers but should not be discouraged from pursuing their rights.
• Bullied by an aggressive insurance adjuster: The relationship between a claimant and an insurance adjuster is contractual. Insurance adjusters are obligated to operate in good faith with claimants. Adjusters that do not behave in good faith can experience additional legal consequences from a court. Claimants with conditions like cancer can sometimes experience a denial of benefits despite the support of a treating doctor.
• Earnings while on long-term disability: Most disability policies will contain provisions that concern external sources of income. While claimants are able to earn passive income, such as through investments, it is not advisable to work in an occupation that could lead to disqualification from disability benefits. It is important to determine the specific terms of a disability policy, as well as the claimant’s disability and limitations.