Five Common Questions Asked by People on LTD | Disability Law Show S3 E3

Episode Summary

FIVE COMMON QUESTIONS ASKED BY PEOPLE ON LTD on the Disability Law Show with disability lawyer Sivan Tumarkin.

Watch above to discover your workplace rights and learn everything you need to know about disability law in Ontario and British Columbia on Season 3 Episode 3 of the only disability law show on TV.

Episode Notes

Denied LTD claims based on mental health conditions

Insurance companies are denying long-term disability claims based on mental health conditions due to the pandemic.
Segment begins at 1:10

No longer considered disabled and can return to work

My friend is a mechanical engineer with fibromyalgia and chronic knee pain. He recently returned to work after being on LTD for over a year and immediately started getting worse. He is on various medications and his doctors have said that he is not ready to return. When he asked to be placed on LTD again, his request was refused because they say that he is no longer disabled from working. What can he do?

Sivan discusses this individuals rights when suffering from chronic pain and seeking long-term disability benefits.

Segment begins a 6:57

Five common questions asked by people on LTD

1️⃣ Do I have to apply for CPPD? What happens if I don’t

This is not a necessary requirement however most policies require you to apply and insurers can estimate how much you should receive from CPPD and detract the amount from your benefits.
Segment begins at 12:24

2️⃣ Do I have to see the doctor the insurer wants me to go to for an assessment?

Under most policies as a claimant, you do have an obligation to see an independent assessor, however, it is important to also have your own family doctor’s assessment and treatment.
Segment begints at 15:48

3️⃣ Do I have to go to the clinic the insurer wants me to go to for treatments?

You do not have to receive treatments from the physician the insurer is pressuring you to go too.
Segment begins at 18:25

4️⃣ Do I have to take medications or do treatments prescribed by the insurer’s doctors if my own doctors don’t agree?

It is important to follow your own doctor’s advice and treatments.
Segment begins at 20:00

5️⃣ Do I have to go back to work if my insurance adjuster says so?

While there is an obligation to try and improve your health, claimants should only return to work if your doctors advise you to do so.
Segment begins at 21:30

Denied LTD due to COVID-19 temporary layoff

My father is 61 and worked for years in the airline industry. He was on short term disability for chronic back problems and arthritis, when he was temporarily laid off due to COVID. He applied for LTD but was denied. The insurance company says the fact that he can’t work because of COVID is not their problem, even though he was already on disability before COVID hit Canada. What can we do?

Segment begins at 24:20

Long-term benefits denial due to workplace environment

My best friend had a nervous breakdown at work, but it wasn’t entirely work-related. Due to issues with her boyfriend and her mother’s death, she had to go on disability. She applied for LTD and was denied because the insurance company says that her work is to blame and she should go through workers’ compensation, but they also rejected her. Is there anything she can do with her insurance company or workers’ compensation?

Segment begins at 28:06

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Next Episode: Disability Law Show S3 E4 – Three common mistakes when dealing with LTD insurers

Previous Episode: Disability Law Show S3 E2 – Situational v. Generalized Conditions in LTD Claims