Disability Law Show: Ontario – S5 E20

Episode Summary

Why are claimants sent for independent medical exams? 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

• Denied disability benefits due to workplace situation: Many disability insurers denied disability benefits on the basis that the symptoms are a result of a work setting. Mental health disability claims are often categorized as situational by an insurer. Claimants that continue to have symptoms outside of the workplace should qualify for benefits if they have the support of a treating doctor.
• Benefits ended after an assessment: Insurance adjusters often require claimants to attend independent medical evaluations. Assessments are typically requested in an attempt by the disability insurer to end benefits at the two-year mark. Insurance companies select professionals in order to justify their own motivations. Courts typically trust the claimant’s treating doctors more than an independent assessor.
• A union member encouraged to appeal LTD denial: Union members should look closely at the terms of their collective agreement before contacting a disability lawyer. It is important to seek appropriate legal advice from a disability lawyer well-versed in denials. Appeals are rarely successful and it is far more beneficial to begin a legal claim than pursuing an appeal.
• Constant requests for updates after the two-year mark: After the first two years on long-term disability, the test in order to qualify changes. Claimants have to prove after two years, they are unable to work in any occupation as opposed to just their own. Once claimants have passed the change in definition period, they should expect their adjuster to find reasons to end benefits.