Disability Law Show: Ontario – S5 E38

Episode Summary

What is the difference between disability and critical illness claims? 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

• Fibromyalgia and disability claims: Some medical conditions, such as fibromyalgia, are difficult to diagnose. Fibromyalgia has no clear treatment path, and the symptoms can vary among patients. As a result, these claims can frustrate insurance adjusters and lead to a denial of benefits. It is essential for claimants to remember that a diagnosis is not necessary to receive long-term disability benefits.
• Very limited ability to return to work and frustration of contract: Unfortunately, after a period of time in which a claimant has been on long-term disabilty leave and is likely unable to return, “frustration of contract” can occur. This occurs when an employee cannot meet their end of the employment relationship. It is important for claimants to be aware of the potential overlap of employment and disability legal processes. In some circumstances, an employment consultation can be required as employers must first try and accommodate an employee’s medical restrictions.
• Disability benefits and critical illness: Chronic conditions, such as migraines, are valid disability claims but are considered subjective. It is difficult to diagnose and provide imaging and tests for chronic pain. There is a difference between disability claims and critical illness claims. For individuals with the support of their doctor, a long-term disability application is necessary to receive benefits. Critical illness claims only provide a one-time compensation payment, unlike disability claims.
• Deductions from the insurer while on disability claim: Insurance companies are within their rights to deduct from benefits if applicable. There are federally based benefits, such as CPP Disability, that if approved, permit insurers to deduct from disability payments. Claimants unsure of their rights should look closely at the terms outlined in their disability policies.