Disability Law Show: Ontario – S5 E21

Episode Summary

How are long-term disability benefits calculated? Disability lawyers and Partners 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

• Failed return to work despite ongoing mental illness: Mental health claims are often viewed skeptically by insurance adjusters and classified as a workplace issue. Claimants worried about applying for long-term disability after a denial for short-term benefits should not be dissuaded. Claimants should confirm with their employer and insurer if a separate application is necessary for LTD.
• Disabled while contract was in negotiation: Claimants unsure about the number of disability benefits they are owed should look closely at the terms outlined in their disability policy. Benefits are typically two-thirds of what an individual earns before they take leave. It is fair for a claimant to ask the insurance adjuster how benefits are calculated.
• Settlement vs ongoing disability benefits: Most disability policies stipulate claimants can continue to receive long-term disability benefits, if still disabled, up until the age of 65. Claimants should consider the likelihood of their eventual return to work when considering a lump sum payment. Active adjudication is likely if a claimant has a progressive condition and they are relatively young when they are approved for long-term disability.
• Long detailed reports for insurance adjuster: Claimants should provide detailed medical reports and information to their insurance adjuster. A refusal to provide updated medical information can lead to the denial or cut off from disability benefits.