Disability Law Show: Ontario – S5 E45

Episode Summary

What options do claimants have if terminated after a return from disability leave? Disability lawyer and Partner James Fireman, 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, James can get you the advice you need, and the compensation you deserve.

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Show Notes

• Filing a claim and returning to work: Many claimants are unsure if they should file a legal claim as it could hinder their eventual return to work. Most individuals do not wish to remain on disability benefits and never return to work in the future. Once a legal claim has begun, claimants are still able to return to work during the process if cleared to do so by their doctors.
• Terminated from employment after disability leave: Individuals with a disability should only return to work when they are medically cleared to do so. A return to work without medical approval can lead to regressions in recovery. Once a return to work is approved, employers are obligated to provide necessary accommodations. A failure to do so, or a termination as a result of illness or injury, can lead to human rights damages. In order to navigate both disability and employment issues, it’s important to seek adequate legal advice.
• Unsuccessful return to work but denied disability benefits: In the event of an unsuccessful return to work, if within a certain period of time, benefits can resume due to a recurrence clause. Claimants should only attempt a return to work if their own treating doctors have decided they are able to do so. Union members should first consider their collective bargaining agreement and whether or not they are able to seek external legal advice from a disability lawyer.
• Subjective symptoms while applying for disability benefits: Many medical conditions are considered to be invisible as they are hard to diagnose and there is a lack of objective tests or imaging. Most disability policies do not require a claimant to be diagnosed in order to receive disability benefits. Claimants should ensure their symptoms are documented with their own treating medical team.