How to get LTD payments if you suffer from mental health issues | Disability Law Show TV – S4 E23

Episode Summary

HOW TO GET LTD PAYMENTS IF YOU SUFFER FROM MENTAL HEALTH ISSUES on Season 4 Episode 23 of the Disability Law Show with disability lawyer and national practice leader and Partner James Fireman.

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, British Columbia, or Alberta, on the only disability law show on TV and radio in Canada.

Episode Notes

Denied LTD benefits as there is no objective medical evidence

I had surgery a few years ago and in the years since I’ve been experiencing extreme pain. There is no evidence that something went wrong but I’ve seen many specialists and doctors. I was cut off from LTD after 2 years as there is no diagnosis. What can I do?

• Reasons for a denial of benefits: It is important to remember that claimants do not have to have a clear medical diagnosis in order to qualify for long-term disability benefits. Claimants who have the support of their doctor and treating medical team should continue to receive benefits. Many claimants after 2 years of disability benefits have their benefits cut off as the change in the definition of disability changes from an inability to work in a claimant’s own occupation to any occupation. Claimants should not give up and instead pursue legal advice.
  • LEARN MORE
    Chronic Pain and Long-term Disability

Told to exhaust appeal attempts by a friend

My claim for long-term disability benefits was denied, even after I submitted tons of information from my doctor. A friend told me that before I can go to a lawyer for help, I must first exhaust all possible appeals with the insurance company. Is this true?

• The appeals process and success rate: For the vast majority of individuals, there are no steps that need to be taken before pursuing legal advice regarding disability insurance claims. Most consultations with disability lawyers are free of charge. Appeals are entirely optional and were invented by insurance companies in order to discourage claimants from contacting disability lawyers. Appealing an LTD denial is rarely successful and often just wastes a claimant’s time.

How to get long-term disability payments if you suffer from mental health issues:

• Seek medical attention as soon as you exhibit symptoms: In recent years, there has been a rise in mental health illnesses and a request for disability benefits. Claimants who have a mental illness still qualify for disability benefits. Claimants should seek treatment and advice as soon as possible in order to prevent the condition from progressing further.
  • LEARN MORE ABOUT MENTAL ILLNESSES AND LTD
    Anxiety and LTD
    Disabled from working due to depression?
    
• Keep a record of all medical visits: It is important for claimants to document and record all medications and visits, etc. Claimants who have a comprehensive file and record to provide to both their own treating medical team as well as the insurance company. Claimants will have a more reliable source of information to provide by documenting as much information as possible.
• Follow prescribed treatments and advice: Claimants should follow the advice of their own treating doctors. Most disability policies require claimants to follow recommended treatment. Failure to do so permits insurance adjusters from denying or cutting off long-term disability benefits. Claimants who have a negative reaction to treatment and medications should keep their doctors informed of their responses.
• Apply for benefits through your employer: Many individuals are unsure of the benefits and coverage they have through their employer. Claimants should ask the appropriate parties about their own rights and benefits.
• Talk to a disability lawyer: Claimants should not hesitate to seek legal advice wherever they are in the claims process. Most consultations with disability lawyers are free of charge and can potentially alleviate stress and additional burdens.

Business closures and disability benefit impact

I have been receiving LTD benefits for over three years, but my company may be shutting its doors because of difficulties posed by the COVID-19 pandemic. How does this impact my disability benefits? Will they be cut off?

• Shut down of business: Claimants who are on disability leave do not lose their benefits if their employer shuts down or if they lose their employment. Long-term disability benefits will continue if a claimant was employed when considered to be disabled from working and continue to meet the definition of disabled. It is also important to note that employment issues often overlap with long-term disability. Employers are not permitted to terminate employees due to a disability or illness as it is considered a human rights violation. There is also the possibility of an impact of severance pay on disability benefits.

Disability benefits were cut off and told can do another job

My LTD payments were abruptly cut off after two years. The insurance company believes I can do a sedentary job instead of my previous position in a group home. My doctor believes my back injury is still severe and I’m not able to work.

• Pressured to return to work: The focus for many claimants is their functional limitations; what are a claimant’s symptoms, and how long can they sit at a desk or stand. It is important for claimants to speak to their treating doctors and ensure the reports provided to the insurance company are detailed and specify what a claimant is able to do or not. As long as a doctor continues to support a claimant’s inability to work, they should pursue their disability benefits and file a legal claim.

Click Here For More Information About COVID-19 and Your Rights

Previous Episode: Disability Law Show S4 E22 – 3 Key facts to remember if denied LTD