Disability Law Show – Season 8 Episode 1

Episode Summary

Short vs. Long-term Disability: What’s the difference? on Season 8 Episode 1, the Disability Law Show with Disability Lawyer and Nation Co-Managing Partner, Sivan Tumarkin.

Watch above to discover the steps you must take when the insurance company cuts off or denies your long-term disability claim anywhere in Canada, on the only disability law show on TV and radio in the country.

Episode Notes

Disability insurer threatening to stop payments

I’ve been on LTD for almost a year. Lately, my insurer has been sending urgent emails demanding immediate responses. They say if I don’t reply right away, they will stop payments for the month. I feel almost frozen with stress. What can I do?

• Communicating with disability adjuster: Insurance adjusters are obligated to work in good faith with claimants. Despite this, many adjusters apply unreasonable pressure on claimants to push them back to work and off of benefits. Claimants should ensure they have updated medical information from their doctors confirming ongoing treatment to provide to their insurers.

Short vs. Long-term Disability: What’s the difference?

• Key Difference: The time frame for short and long-term disability benefits is the key difference. Not every employer provides short-term disability insurance, but it is typically offered through an employer. Long-term disability can commence after short-term benefits. Long-term disability benefits can continue up until an individual is 65 years old.
• Next steps while waiting for approval: Claimants should be aware that the test to qualify for LTD is very similar, if not the same as, short-term. Claimants should not panic but ask questions and communicate with their doctors and treatment providers.
• Payments abruptly stop: Benefits typically do not stop without a warning from the insurance company. Claimants unsure of their next steps if their benefits are going to be cut off should seek legal advice from a disability lawyer.

Appealing a cut-off from disability

I recently received notice that my disability will be cut off. It’s been about a year, but my doctor still thinks I need a few more months to see a real recovery. The claims adjuster advised me that I could appeal this decision. How do I go about doing that, and what support do I need?

• Appeals process: Insurers who prematurely cut off benefits have breached the contract. An appeal is rarely successful, and it is far more beneficial for claimants to begin a legal claim if benefits are cut off too soon or denied outright.

Insurer cutting off LTD benefits despite doctor’s support

I suffered a mental breakdown from extreme stress at work. With the support of my family doctor and psychologist, I initiated a gradual return-to-work plan. Before I could resume full-time hours, I was fired. My depression and anxiety are worse. My doctors informed my insurer about this, but they’re still denying my benefits.

• Loss of employment while on LTD: Claimants should immediately seek legal advice from a lawyer well-versed in both disability and employment law. Individuals who are suffering from any condition that prevents them from working should take the time off to focus on recovery. With the support of a treating doctor, all employees are entitled to take a job-protected leave.

Long-term Disability benefits after 2 years

I have been on LTD for the last 2 years and was told that I do not fit the definition of the policy to continue receiving payments. My doctor says my condition is quite serious, and I likely won’t be able to return to work for several years. What are my options?

• Change in definition of ‘disabled’: The vast majority of long-term disability policies will pay benefits after the two-year mark; however, the test to qualify changes. After two years on long-term disability, claimants must prove they are unable to work in any occupation in which they have training and experience.

PREVIOUS EPISODE: Disability Law Show S7 E20