Top tips for strengthening an LTD claim | Disability Law Show TV – S5 E24

Episode Summary

TOP TIPS FOR STRENGTHENING AN LTD CLAIM on Season 5 Episode 24 of the Disability Law Show with disability lawyer and co-managing Partner Sivan Tumarkin and disability lawyer and Partner Tamar Agopian.

Watch above to discover the steps you need to take when the insurance company cuts off or denies your long-term disability claim in provinces across Canada, excluding Quebec, on the only disability law show on TV and radio in the country.

Episode Notes

Car accident leads to chronic pain

After a serious car accident, I sustained physical as well as psychological injuries. I am no longer able to work due to ongoing chronic pain and migraines but my LTD claim was denied.

• Chronic conditions and LTD: Many disability claims with chronic pain and headache disorders are denied due to a lack of sufficient medical evidence. This is a common excuse used by insurers as many chronic conditions can be difficult to diagnose. It is important to remember that a diagnosis is not necessary in order to receive disability benefits.
• Car accident claims: In the event of a serious car accident that leads to injuries and inability to work, a personal injury claim can become multifaceted. It is important for individuals to seek legal advice from a disability lawyer who is aware of the personal injury implications.

Made to apply for CPP Disability

Do insurance companies try to steer you toward applying for CPP Disability so that their costs are reduced? What are the implications if you do not receive approval?

• Applying for CPP Disability: Most disability policies will contain provisions that credit insurance companies on the assumption that claimants will receive CPP Disability benefits. There are other advantages to applying for CPPD for claimants. As the test in order to qualify for CPPD is more difficult than long-term disability, approval can strengthen an LTD claim.

Top tips for strengthening an LTD claim

• Support for a long-term disability claim: It is vital to have the support of treating doctors and medical professionals in order to receive approval for a long-term disability application. Doctors should provide as much information pertaining to a claimant’s disability and condition. In some cases, claimants will have to seek additional information from other care professionals such as psychologists, therapists, etc.
• Following treatments and recommendations: Most disability policies require claimants to be engaged in reasonable treatments in order to qualify for disability benefits. Claimants that are having difficulty following treatments or medication should speak to their treating doctors for other options.
• Communicating with an insurer: Claimants should ensure all communications with the insurance adjuster are documented in writing. By keeping all communications recorded, it becomes easier if a denial of benefits occurs and a legal claim is necessary.

Surveillance while going to the gym on LTD

I’ve noticed someone has been taking pictures of me entering the gym. I have been going to the gym twice a week, per my doctor’s advice. I’m worried that the insurance company is going to use this against me. What can I do?

• Surveillance by insurance adjusters: Insurance adjusters can and in many cases, will, conduct surveillance on a claimant. Claimants should first ensure their safety and report all behaviour that they are uncomfortable or worried about. Surveillance is typically expense insurers cannot afford for a long period of time. Claimants do not have to worry about surveillance if they are being honest and following medical advice.

PREVIOUS EPISODE: Disability Law Show S5 E23 – What to know about headache disorders and LTD