Disability Law Show

Top 3 things that reduce anxiety when dealing with an LTD insurer | Disability Law Show TV – S3 E24


Episode Summary

TOP 3 THINGS THAT REDUCE YOUR ANXIETY WHEN DEALING WITH AN LTD INSURER on Season 3 Episode 24 of the Disability Law Show with disability lawyer and 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

“Coronaphobia” deemed not a valid disability

My daughter is suffering from what her psychiatrist says is “coronaphobia” and it is paralyzing her and she can no longer work. She’d previously had depression and anxiety. She was denied for LTD as her insurer says they don’t recognize this as a valid disability. What should she do?

A diagnosis does not matter ultimately in receiving approval for long-term disability benefits. The majority of disability policies are concerned with the symptoms an individual exhibits and whether or not they are able to perform the basic duties of their job.

Segment starts at 1:07

Denied LTD due to pre-existing condition

I have a type of breast cancer and have been off work for most of 2020 and am going to need to be off for most of 2021 as I’m continuing with radiation and oral chemo. I was denied LTD from my insurance company as they’ve indicated that it was a pre-existing condition.”

Sivan explains that it is common for insurance companies to deny individuals disability benefits by citing the individual had a pre-existing condition. It is important to contact a disability lawyer in order to determine what medical documentation the insurer is using as a reason to deny benefits.

Segment starts at 7:45

Top 3 things that will reduce anxiety when dealing with an LTD insurer

1️⃣ Ask for a copy of your LTD policy and make sure you ask your adjuster questions about it.

Individuals have a right to be able to inspect their long-term disability policy as insurers will often cite policy terms as a reason for a denial of benefits. It is important to be aware of the possible rights and obligations of the insurance company as well as one’s own rights.

Segment starts at 12:01

2️⃣ Speak with your doctor(s) regularly and make sure that they are fully aware of the status of your disability and treatments.

Sivan explains that keeping regular communication with a physician ensures the doctor has a consistent stream of updated medical records. These reports can be made available to the insurance company.

Segment starts at 13:40

3️⃣ Know and trust that if you are denied your claim or your benefits are cut off, we will be here for you and answer all your questions. If it comes to it, we will deal with your insurer on your behalf.

Sivan explains that a disability lawyer can often be the safety net for an individual who has been denied their benefits. Communication with the insurance company and adjuster will shift from the individual to the disability lawyer.

Segment starts at 16:06

Benefits cut off but unable to return to work due to recovery

I am 58 and have been on long-term disability benefits for nearly a year after my body gave out and I was forced to get knee replacement surgery. My doctor recently said I could only work for 12 hours a week but the insurance company is now telling me that they are cutting off my benefits. My boss will not let me go back to work until I’m 100%. At my age, is it worth fighting the insurance company for disability benefits?

Insurance companies often deny claims or cut off benefits prematurely. It is important individuals wait for the approval of their doctor’s in order to return to work safely.

Segment starts at 19:48

Insurance denies LTD as the claimant can do a sedentary job

I’ve worked in the lumber industry for nearly 40 years. I’ve been struggling with my health since my son died last year and my wife became extremely ill. I also suffered a heart attack and haven’t worked since. I was denied LTD as the insurance company said that their doctor reviewed my claim and said because my job was sedentary, I could work. Is this right?

An insurance policy is considered a legal right and insurers are obligated to abide by the terms of their policy. Sivan explains it is important to contact a disability lawyer as soon as possible.

Segment starts at 22:30

Deadline to appeal LTD denial

What happens if I miss the insurance company’s deadline to appeal the denial of my long-term disability claim?

Appeal deadlines are typically arbitrary. It is important to remember there is a two-year deadline in order to bring forth a legal claim after the initial denial of benefits. Appeals are also often useless and ineffective as they are not external investigations and lead to another denial of benefits.

Segment starts at 25:10


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Next Episode: Disability Law Show S3 E25 – 3 Things our lawyers do after you hire us to fight your LTD insurer

Previous Episode: Disability Law Show S3 E23 – Top 3 reasons you should NOT fear your LTD adjuster

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