Disability Law Show: Ontario – S5 E49

Episode Summary

Are insurers obligated to find a comparable position for claimants after two years on LTD? 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.

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Show Notes

• Ongoing mental illness after cancer treatment: At the two-year mark on long-term disability leave insurance companies will look for reasons to justify an end to benefits. At this period claimants are often asked to participate in a rehabilitation or treatment program. Return-to-work programs can lead to a regression in recovery for claimants if too aggressive or without medical approval.
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    • Cancer and long-term disability claims
• Any occupation period: As the change in definition period occurs, insurers typically try and push for claimants to return to work. Most disability policies require claimants to prove they are unable to work in any occupation after two years, rather than just their own. Insurers must look for positions with comparable income and jobs in which claimants have the training and skillset.
• Injured at the workplace and unable to work: Most employees are able to access short and long-term disability benefits. It is not always clear to individuals if they will recover and be able to return to work and will have to rely on other sources of income.
• Employers’ obligations if benefits end: Generally once long-term disability benefits are cut off, employers are notified by the insurer. Insurers cannot share a diagnosis or specific medical information with the employer. Some employers will implement a return to work-process after they have been notified. Ultimately, claimants should only return to work if they are cleared to do so by their own treating doctors.
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    • Employment issues and LTD