Pressured Back to Work from LTD: Protecting your Rights | Disability Law Show TV – S7 E19

Episode Summary

PRESSURED BACK TO WORK FROM LTD: PROTECTING YOUR RIGHTS on Season 7 Episode 19, the Disability Law Show with Disability Lawyer and Partner, James Fireman.

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

Long-term disability and A.I.

After researching my possible claim with A.I., I contacted a disability lawyer. The advice I’m being given does not align with the A.I. assessment. What should I do?

• Contacting a disability lawyer: Claimants should not accept the advice provided to them regarding their disability benefits from A.I. Claimants should note that long-term disability claims do not always lead to court; it is typically rare. As a result, A.I. does not have a wealth of information regarding long-term disability claims to rely on.

Waiting for LTD approval after short-term disability

I’ve been employed for almost 20 years. I was on short-term disability, and recently my boss told me to apply for long-term disability as I still can’t work. I’m still waiting to hear back, but I’m unsure how this will proceed. Will approval be automatic, or should I be prepared for a denial?

• Short-term to long-term benefits: Some claimants receive short-term disability benefits through their employer, while others pay premiums directly to an insurance company for benefits. When transitioning from short to long-term disability, if the initial entity that approved the short-term benefits is the same insurer that will approve long-term disability, the claim should be approved. The test to determine eligibility for long-term disability is the same as short-term disability.

Don’t be pressured back to work from LTD: Protecting your rights

• Approval for a return-to-work plan: Insurance adjusters and legal representatives do not determine when an individual is ready to return to work. Only doctors or treating professionals should determine when an individual on disability leave is ready to resume working.
• Providing necessary documentation: For those who are being pushed to return to work before they are deemed ready, a request should be made to insurers in writing to confirm their readiness. Claimants should also clarify the return-to-work schedule, as well as possible accommodations or limitations, which will be conveyed to the employer. All necessary documentation should be submitted first to a medical professional to determine if this is possible. 
  
• An unsuccessful return to work: Most disability policies contain a recurrence provision. This provision ensures claimants who return to work but become disabled from working again can resume benefits.

Worried about being cut off from LTD after assessment

I’ve been on long-term disability for a year and a half now. I was informed that I would be reassessed for a different position. I don’t know how this is possible, and what I should do next. It’s been weeks since I sent over the medical reports, and I haven’t received a response. I’m worried they’re just going to cut me off.

• Medical or skills assessments: Claimants who have been on long-term disability leave for 2 years should note that the test to qualify for disability benefits changes; individuals must now prove they are unable to work in any occupation, not just their own. During this transition period, insurers will often implement a transferable skills analysis. Insurers must find another occupation for claimants which is comparable in terms of income as well as skillset.

PREVIOUS EPISODE: Disability Law Show S7 E18 – What to Know About Insurer-recommended Treatment