Disability Law Show – Season 8 Episode 3

Episode Summary

Next Steps when the Insurer Cuts off Disability Benefits on Season 8 Episode 3, the Disability Law Show with Disability Lawyer and Partner, Tamar Agopian.

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

New medical issue while already on LTD

I’m currently on long-term disability, and I’ve had a fall. I hurt my shoulder. I may have to have an operation for this. I’m wondering if this will affect my current LTD claim. I’ve been on disability now for almost a year with a chronic breathing issue.

• Medical conditions while on LTD: Insurers can focus on a specific medical condition, as they want claimants to be off disability leave as soon as possible. It is critical for claimants who have sustained another injury or condition to provide all necessary reports and documentation to the insurer. Treatment can be challenging, but should be kept up with.

Next Steps when the Insurer Cuts off Disability Benefits

• Review your insurance policy: Individuals should obtain a copy of their long-term disability policy and review all the terms. If unsure of particular terminology, seeking legal advice from a disability lawyer is advised.
• Collect updated medical records: It is important to keep detailed and up-to-date medical records and treatment reports. This ensures written support of an ongoing claim.
• Seek expert legal advice: Individuals unsure of their claim and ongoing benefits should speak to a disability lawyer. In most cases, consultations are provided at no cost.

Insurance Company offering buyout

Is it common for the insurance company to offer you a ‘buy-out’? I’ve been on disability for almost 3 years now with a pretty aggressive form of Parkinson’s. Should I agree to this lump sum payment?

• Lump sum payment: Insurers often provide a lump-sum payment as they believe it is in their best interests; some claimants will remain on claim for many years due to the nature of their condition. Before agreeing to a settlement, it is advisable to seek legal advice.

Insurer forcing you back to work

I was on long-term disability after a serious accident. At the two-year mark, my insurer forced me back to work in an accommodated role. I wasn’t fully recovered, but I tried before going off again. Now they’ve denied my LTD claim, saying I can still do that job.

• Returning to work: Insurers often pressure claimants to return to work or remain at a job despite an inability to work. Claimants should only return to work if they are medically cleared to do so. In some cases, claimants who return to work and experience a regression in recovery can resume benefits immediately due to a recurrence clause.

PREVIOUS EPISODE: Disability Law Show S8 E2