Disability Law Show: Ontario – S5 E36

Episode Summary

When should claimants return to work from disability leave? Disability lawyer and Partner Tamar Agopian, at Samfiru Tumarkin LLP, answers 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, Tamar can get you the advice you need, and the compensation you deserve.

Listen to the Episode

Show Notes

• Diagnosed with fibromyalgia and LTD: Fibromyalgia can be very difficult to diagnose and consequentially, to treat. Claimants with fibromyalgia are often denied long-term disability benefits as a result. Insurers will often argue that claimants are able to work while awaiting treatment and diagnosis. Despite this, claimants should continue to listen to the advice of their treating medical team. Some conditions can progress in severity with time and so a claimant’s initial ability to work might not necessarily continue.
• A failed attempt to return to work: Most disability policies will require claimants to pursue treatment and recovery while on a claim. For claimants who try and return to work but are unsuccessful, most should be able to resume benefits due to a recurrence clause. Ultimately. claimants should continue to follow the medical advice from their treating doctors. An unsuccessful return to work does not mean that claimants are no longer eligible for benefits.
• Sent to a rehabilitation program despite arthritis: A “mild” diagnosis by a treating doctor does not mean a claimant is not feeling pain and is able to work. Physical disabilities can cause a multitude of other conditions for claimants. Chronic pain is arguably subjective and must be validated by a treating doctor. A claimant’s doctor must provide detailed reports to the insurer that outline why a claimant is unable to work, despite imaging or test results.
  • Learn more
    Arthritis and disability claims
• Pre-existing medical condition: Many disability policies contain a pre-existing condition clause. This clause can differ from one policy to the other. It is important for claimants unsure why they were denied benefits, to request a copy of their policy. Insurers will look closely at a claimant’s employment date to determine if a claimant has filed for benefits within the first year of their job.