Key things to know about CPP Disability and LTD | Disability Law Show TV – S4 E25

Episode Summary

KEY THINGS TO KNOW ABOUT CPPD AND LTD on Season 4 Episode 25 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, British Columbia, or Alberta, on the only disability law show on TV and radio in Canada.

Episode Notes

Psychological conditions and long-term disability

I’m experiencing anxiety and depression and am no longer able to continue working. I’m worried I won’t be able to qualify for long-term disability benefits as this is not a physical condition. What can I do?

• Mental health claims and disability leave: It is important to remember that just because a claimant has a condition that is not physical, does not negate their ability to receive or qualify for long-term disability benefits. Many claimants however are denied LTD despite the fact their treating doctors have confirmed that they do have a mental illness that prevents them from working. Claimants who are denied their benefits should not give up and contact a disability lawyer to pursue their rights.
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    Invisible illnesses and long-term disability

Forced back to work despite ongoing severe anxiety and depression

I was on LTD due to severe anxiety and depression but was forced back to work by my insurer after being off for nearly a year. I’ve only been back on the job for a week, but I’m not sure I can continue much longer. What are my options?

• Returning to work and accommodations: Claimants should not be pressured to return to work by the insurance company and should listen solely to the advice of their treating doctors. Claimants who are unable to work but return to work before they are ready to do so could experience a regression in terms of their health. Most disability policies contain a recurrence clause that acts as a safety net for claimants who return to work but are unsuccessful in their attempts. A treating doctor can confirm that the return was unsuccessful and whether or not a claimant should resume their benefits.
  

Key things to know about CPP Disability and Long-term Disability:

• CPPD and LTD are not the same thing: CPP Disability (CPPD) is a federal government program and long-term disability benefits are typically private contracts run through insurance companies. Long-term disability is often through group benefits when a claimant is employed by a company. Claimants should note that they are able to receive both benefits. CPPD is generally capped at a certain amount however, long-term disability is depending on an employee’s salary and own company benefits.
• When you apply for LTD, you should also apply for CPPD: There are many advantages for claimants to apply for CPPD as if a claim is approved, they are guaranteed another source of income. Long-term disability companies receive credit for whatever a claimant receives from CPPD. Claimants who might have their LTD benefits cut off will continue to receive CPPD while fighting for their benefits. It is also a more difficult test in order to qualify for CPPD in comparison to LTD so it is much more difficult for insurance companies to justify a denial of benefits.
• If you are denied CPPD, you can appeal: While claimants are able to appeal a CPPD denial, it is not necessary. Claimants who choose not to apply for CPPD might still experience deductions from their long-term disability benefits from their insurance company. Claimants only have to appeal a CPPD denial if there is a provision included in their long-term disability policy.
• Talk to a disability lawyer: Hiring a disability lawyer ensures that a claimant is able to work on their health and does not have to deal with additional stress and difficulties. By pursuing a legal claim, the balance of power is shifted from the insurer to the claimant.
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    Hiring the RIGHT disability lawyer when your claim is denied

Long-term disability benefits denied despite chronic pain

My claim for LTD was denied despite ongoing chronic pain and support from two doctors. The insurance company told me that my best option right now is to file an appeal. Is that true?

• Denied benefits amidst ongoing health issues: Insurance companies will often pressure claimants to appeal a long-term disability benefits denial. Insurance companies created the appeals process in order to waste more time and frustrate a claimant. Appeals are rarely successful and are conducted by the insurance company themselves and not a third-party objective arbitrator. Often the same insurer who denied the benefits initially reviews the claim in an appeal. Filing a legal claim is much more effective for claimants in order to pursue their disability benefits.
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Previous Episode: Disability Law Show S4 E24 – 5 Crucial things to do when your LTD benefits are cut off