Fast facts about anxiety disorders and disability claims | Disability Law Show TV – S7 E02

Episode Summary

FAST FACTS ABOUT ANXIETY DISORDERS AND DISABILITY CLAIMS on Season 7 Episode 02 of the Disability Law Show with disability lawyer and co-founding 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

Denied LTD due to late application

My friend was denied long-term disability despite his doctor’s support. The insurer stated he was a month late to apply. Does he have any options to pursue his rights?

• Terms of applying for LTD: Many claimants are unaware of the concept of “relief from forfeiture“. Insurance companies who deny benefits based on a late application could face legal consequences from a court. Claimants need to seek legal advice from a disability lawyer to proceed and do not have to accept an initial denial without questioning it.

Impact of applying for CPP Disability

I’ve been on disability leave for the last 3 years due to cancer and ongoing treatments. Now, the insurer is asking me to apply for CPP Disability benefits. I want to be able to return to work and I’m not sure how what impact that will have.

• CPP Disability and LTD: Insurance companies often request claimants to apply for CPP Disability. Insurers would be able to reduce their payments if a claimant receives CPP Disability approval. An approval for CPP Disability can strengthen an LTD claim as the government has recognized an inability to work.

Fast facts about anxiety disorders and disability claims

• Claim long-term disability benefits for anxiety: Individuals can claim long-term disability benefits due to anxiety, despite its difficulty to diagnose. Some mental health disorders can be extremely significant and prevent one from being able to work. Claimants must have the support of treating doctors or physicians.
  
• Deny legitimate claims: Insurers will often deny legitimate claims for many reasons. A common reason for a denial of a mental health claim is a lack of objective medical evidence, such as imaging or tests.
  
• Help strengthen your LTD claim: A disability lawyer can help strengthen a long-term disability claim and provide aid if a denial occurs. Claimants do not have to wait for a denial before seeking legal advice.

Updating a disability claim with new information

I have been off work for a year due to a back injury. While on leave, I began experiencing debilitating mental health symptoms. My initial disability claim was based on my injury. Do I need to update my claim to include these new concerns?

• Providing updated reports: Providing updated medical records and documentation should continue while a claimant remains on disability leave. Additional medical conditions can occur with time and can further prevent an individual from working. Updated medical records should strengthen a long-term disability claim, and should not lead to a cut-off.

Disability insurer offers lump sum payment

I have been receiving long-term disability benefits for the past ten years due to a progressive medical condition. Recently, I received a letter from my insurer presenting me with a lump sum payment buyout. I’m entitled to receive benefits until I turn 65, and I’m currently 54. Should I accept this offer?

• Communicating with the insurer: For individuals who have been on long-term disability leave for many years, it is important to remember that continued approval is an acknowledgement of a severe disability. Insurers will often offer a lump-sum payment as they are aware some claimants will need long-term disability benefits for many years. Before accepting a payment, claimants should speak to a disability lawyer.

Forced to full-time hours by disability insurer

I was off work for almost 2 years and am now on a gradual return-to-work schedule. Working part-time has helped, and my doctor supports this plan. Unfortunately, my insurer insists I return to full-time, and they plan to end my benefits soon. What can I do?

• Returning to work from disability leave: Claimants should only return to work, and with necessary accommodations, with the approval from their treating doctors. Insurers cannot force a claimant to return to work against medical advice.

PREVIOUS EPISODE: Disability Law Show S7 E1 – 3 Things you need to know before applying for LTD