Disability Law Show: Ontario – S5 E23

Episode Summary

When should you return to work after long-term disability leave? 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

• Terms included in a disability policy: Claimants should look closely at the terms of their disability policies and the potential overlap with employment issues. Most disability policies stipulate individuals who are not working before applying for disability benefits will not be eligible. It is a technical issue that can lead to denials of long-term disability benefits.
• Recovering from health issues and applying for LTD: Ultimately, it is the ideal scenario for individuals to recover and be able to return to work. Disability policies require claimants to make efforts to improve their health and seek treatment. It is important for claimants to only return to work if they are medically cleared to do so. An early or presumptive return can result in a regression in recovery.
• Life and disability protection as well as LTD: Disability policies will typically outline the specifics of payments an individual can access as well as disability benefits. Claimants are within their rights to request a copy of their disability policy from their insurer. In most cases, there is a set limit to the amount of mortgage protection an individual can claim.
• Not considered “totally disabled”: Claimants are frequently denied disability benefits on the basis that they are not “totally disabled”; particularly in mental health claims. The term “total disability” in the context of disability benefits means a claimant is unable to work in their own occupation due to ongoing symptoms. The terminology often causes confusion for many individuals.