Disability Law Show TV – S2 E7

Episode Summary

THE 3 SIGNS THE INSURANCE COMPANY MAY BE ABOUT TO DENY YOUR LONG-TERM DISABILITY CLAIM, and what you can do if your insurer says you don’t have enough medical evidence, on Season 2 Episode 7 of the Disability Law Show with disability lawyer and national co-managing Partner Sivan Tumarkin.

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

Episode Notes

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LTD denied due to inability to diagnose condition

What should I do if I have no diagnosis for my symptoms and my claim is denied as a result?

• What LTD policies say: Long-term disability policies generally don’t require you to have a diagnosis for your medical condition. The test for getting LTD relies on your ability to do your “own occupation”.

Insurance company wants more medical evidence

My long-term disability claim was denied because the insurance company says that I don’t have enough medical evidence to prove that I am totally disabled. I am a 52-year-old salesperson suffering from worsening MS. My doctors say I can’t work. How else can I prove my disability?

• Not totally disabled: The term “not totally disabled” is one that was invented by the insurance industry. It is used in an attempt to convince people that their condition is not severe enough to qualify for disability payments.
• Additional medical advice: If your doctors say you are unable to work, the insurance company should accept their position. Insurers often deny legitimate claims and medical reports in the hopes that you will accept their position and walk away from your rights.

3 signs the insurance company may be about to deny your LTD claim

• They ask you to attend an assessment with one of their doctors or consultants: This is a sure sign that it is only a matter of time until your benefits will be cut off. Insurance companies don’t like to spend money; their goal is to maximize their profits. If they ask you to see one of their experts, they are likely doing so to gather evidence to deny your claim because it is legitimate and will be costly for their bottom line.
  
• They suggest that you should start a gradual return to work program: If you and your doctor thinks that you’re ready to return to work, you should definitely attempt it. But if you are not ready to go back to work, you don’t have to – and the insurance company shouldn’t pressure you to do so. Your condition could worsen if you do. Insurers often threaten to cut off your payments if you don’t.
• They say they reviewed your social media or conducted surveillance: In most cases, the insurance companies investigations are irrelevant and don’t prove anything about your actual condition. Sometimes surveillance can actually verify how your disability is impacting your life and ability to work.

Insurer wants husband to return to work despite recovering from cancer treatments

My husband was on long term disability for over a year and then tried to go back to work despite not getting the ok from his doctor. He tried to go back because the insurance company threatened that they would cut off his payments if he didn’t go back. He really tried hard for several weeks but was very ill and his health was getting worse each day he was there. He was recovering from cancer treatments. I’m not sure what we can do. He’s been at home for the last 3 months and we haven’t gotten any payments from the insurance company. They’re simply ignoring him despite his doctor saying that he can’t work. What can we do?

Next Episode: Disability Law Show S2 E8 – 3 Ways to Deal with an Aggressive Disability Adjuster

Previous Episode: Disability Law Show S2 E6 – Top 5 Myths About Long Term Disability