Disability Law Show: Ontario – S5 E24

Episode Summary

Are disability claimants expected to update their employers while on claim? 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.

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Show Notes

• Reasons for insurance companies to avoid court: Many claimants incorrectly believe that filing a legal claim will lead to court. Legal claims are often settled out of court and within months. Insurers do not want to incur potential damages and other legal consequences and so typically settle quickly. By hiring a disability lawyer, claimants reclaim their rights and power.
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• Dealing with adjusters and employers: Claimants do not need to initiate contact with the insurer or employer throughout the claim process. It is important that while on a claim, it is the claimant’s responsibility to justify ongoing benefits. Requests for updates from the insurance adjusters should be expected. Claimants should expect their insurance adjuster operates in good faith with them and not cause additional stress or harm.
• Work-related and pre-existing condition: Most group disability policies will contain a pre-existing condition clause. Claimants that are disabled within the first year of coverage will typically trigger the pre-existing exclusion. It is important to look closely at the terminology used in a disability policy. Claimants are also within their rights to pursue a WSIB claim if their condition is a result of a work injury.
• Medical records for LTD claim: Insurance adjusters can deny a disability claim on the basis of a lack of sufficient medical information. It is important for medical reports to be updated and specific to a claimant’s inability to work. Typically, the initial package of medical information provides the basis for a disability claim. Once an adjuster has denied a calim, it is very difficult to change their mind based on more information.