Disability Law Show: Ontario – S5 E44

Episode Summary

Do claimants have to attend an independent medical assessment if requested? 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

• Denied LTD due to technicality: Insurance companies have very specific time frames in which claimants have to apply for both short and long-term disability benefits. There are often legitimate reasons why an individual might miss a deadline to apply for disability benefits. Some medical conditions, such as fibromyalgia, are difficult to diagnose and treat.
• Progressive medical conditions: Some medical conditions can increase in severity over time. Insurance companies will ask for claimants to respond and provide updated medical records as they remain on claim. Disability benefits are typically monthly benefits and so lead to regular reviews from the insurer. Claimants unsure of their rights can seek advice from a disability lawyer.
• Sent for an independent assessment: Claimants are often sent for independent medical examinations by their insurers. This request typically occurs during the change of definition period. While the motivation behind an IME can be to find a reason to end disability benefits, claimants must attend. Ultimately, the opinion of a claimant’s treating doctors will carry more weight than that of the insurer’s assessor.
• Terminated while on disability leave: Often employment and disability issues can overlap. Employers are obligated to accommodate an employee’s medical condition and possible return to work. Claimants unsure of their rights should seek legal advice from those well-versed in both disability and employment law. Compensation after termination can affect disability benefits.