Guide to disability benefits and depression | Disability Law Show TV – S6 E08

Episode Summary

GUIDE TO DISABILITY BENEFITS AND DEPRESSION on Season 6 Episode 08 of the Disability Law Show with disability lawyer and Partners James Fireman and 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

Difficulty communicating with an insurance adjuster

The insurance company uses a web portal for me to update my case file. This has caused a lot of difficulty in adequately communicating my ongoing situation. What can I do to ensure communication is efficient?

• Communicating with a disability insurer: Claimants should be polite and cordial with adjusters while remembering that information can be taken out of context by insurers. Credibility is crucial and claimants should always be honest and document all conversations in writing. Claimants can speak to their doctors if communication with an adjuster has caused additional stress and led to a negative impact on their health.
  

Denied LTD but approved for short-term disability

I worked for about 2 years and asked for accommodation and was immediately put on STD. I was denied long-term disability and given a position that I was unable to do so I was put on STD again. I was then denied LTD a second time. What should I do now?

• Refused accommodation at work leads to disability leave: Employers cannot force employees to take a leave of absence due to an ongoing medical condition. An employer must accommodate a disability and a failure to do so can lead to legal action. In situations where there is an overlap of both employment and disability issues, it is important to seek legal advice from an experienced disability lawyer.
• Transitioning to LTD after short-term leave: While the test to qualify for long and short-term disability benefits is the same, the transition from short-term benefits to LTD is not automatic. Short-term disability benefits are often provided by employers, while long-term benefits are accessible through a group insurance company.

Guide to disability benefits and depression

• Can’t work because of your depression: Employees who are unable to work due to depression should apply for long-term disability benefits. Many disability insurers resist mental health disability claims, but claimants need to pursue their rights. Applications should be full of relevant details regarding an employee’s daily symptoms and inability to work as a result.
• Medical support for your disability: Claimants applying for disability benefits should ensure they have the support of a treating medical physician or specialist. Detailed medical notes will strengthen a disability claim and are vital to the application process.
• A delay in getting treatment: There is often a delay in receiving treatment for mental health claims simply due to a lack of providers. Claimants should do their best to find alternative means of treatment while waiting.
• Claim for depression is denied by the insurance company: It is important to seek legal action and advice from a disability lawyer if a claim is denied by the insurance company. Claimants have up to two years after the initial denial to pursue their rights.

Told to return to work and the LTD appeal denied

My wife suffered a stroke about two years ago, resulting in partial paralysis which prevented her from working. She’s made great progress in her health, but her neurologist says she isn’t ready to go back to her job. The insurance company felt otherwise and cut off her LTD. Our first appeal failed. Should we try again?

• Repeated appeal attempts: The appeals process was created by insurance companies to retain control and influence. Appeals are typically conducted internally at insurance companies and not conducted by an objective third party. It is far more beneficial for claimants to pursue a legal claim than to file an appeal, as they are rarely successful.

PREVIOUS EPISODE: Disability Law Show S6 E07 – 3 Misconceptions about Independent Medical Evaluations