Disability Law Show: Ontario – S5 E34

Episode Summary

What is an IME and are claimants required to attend? Disability lawyer and Partner Tamar Agopian at Samfiru Tumarkin LLP answer 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

• Disability claims with employment element: In many cases, employment and disability issues can overlap. For those in manual labour positions, such as in manufacturing, physical disabilities can lead to a complete inability to work. Employees can additionally develop mental health conditions as a result of a physical disability and struggle in the workplace. It is important to seek legal advice from a lawyer well-versed in disability rights as well as employment law.
• Attend an IME despite an inability to work: An independent medical examination in reality is not “independent”. Typically disability policies will require claimants to attend an IME in order to continue to receive benefits. Claimants must cooperate with the insurance company but protect their own rights. An independent assessment will involve a professional hired by the insurer to assess the claimant’s ability to work. An IME can also lead to an implementation of a rehabilitation program. Regardless of the report of an IME, courts typically prefer the prognosis of a claimant’s own medical team.
• Serious car accident leads to injury but denied LTD: Car accidents can lead to serious injuries and an inability to work for many. It is important to seek immediate medical attention, as well as contact a personal injury lawyer. Many individuals are able to access both income replacement benefits, accident benefits, as well as potential disabilty benefits.
• Constant communication with insurance adjuster: It is important for claimants to document all communication with their insurers in writing. Claimants are required to provide up-to-date medical records with their insurer. Due to the monthly nature of disability benefits, communication with insurance adjusters can be relatively frequent. It is important for adjusters to behave in good faith with claimants.