Ways to deal with aggressive behaviour from a disability insurer | Disability Law Show TV – S3 E16

Episode Summary

3 WAYS TO DEAL WITH AGGRESSIVE BEHAVIOUR FROM YOUR DISABILITY INSURER on the Disability Law Show with disability lawyer and co-founding 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

Benefits cut off at the 2-year mark

I’ve been on LTD for almost 2 years and my insurer has informed me that my benefits will be cut off even though my doctor confirms I can’t do any other occupation.

Segment starts at 1:10

Insurer pushing for a return to work

My husband worked in manufacturing for years until he had a stroke which left him with paralysis on one side of his body. He can’t go back to his job. He was initially approved for short term disability and denied long term disability but then they reversed their decision when they got all the reports from the doctors. Now, almost 2 years later, they want him to try to go back to work. His doctors are very supportive and say that he should remain at home. What do we do?

Sivan explains that it is important to follow your own doctor’s treatment and advice. Insurance companies typically do not want to pay out and if they have to, they want to pay as little as possible. Updated reports from whoever is treating you should be asked for and then given to the insurance company.

Segment starts at 5:34

3 Ways to deal with aggressive behaviour from your Disability Insurer

1️⃣ Document all your communications with the adjuster in writing (via email) the same day of your communications.

Documentation of all correspondence with the adjuster, like objective emails about the conversation you’ve had, is key for future punitive damages.

Segment starts at 11:30

2️⃣ Contact the claims supervisor or manager and request a different adjuster be assigned to your claim

A new adjuster request can potentially show that the concerns of the claimant were not properly addressed and alleviates the responsibility of the claimant. The possibility of a new adjuster can also help an individual.

Segment starts at 15:42

3️⃣ Contact us if the bullying and harassment doesn’t stop and we will help

Sivan explains that contacting a disability lawyer ensures the disability lawyer communicates with the adjuster and there is now a barrier between the individual and the insurance company.

Segment starts at 17:05

Benefits cut off if employment is terminated

My 33-year-old brother suffered a brain aneurysm last year while playing basketball which led to a stroke. He has memory issues now and his doctors think that he’ll be left with permanent issues. He worked at an IT company as a programmer for about 4 years earning $100K before this happened. His employer just informed him that he’s been replaced and they may not have a position for him if or when he gets better. Can they do that? And if they let him go, can his long term disability be cut off too?

An employee on disability is not allowed to be let go by their employer, it is a human rights violation. It is important for a situation like this that the lawyer dealing with the claim is aware of the employment concerns, such as severance, as well as disability concerns. In addition, once an individual is eligible for LTD, their benefits do not stop if they are terminated or if their employer sells their business, etc.

Segment starts at 20:38

Insufficient documents proving a disability

My sister was attacked outside of work earlier this year and since then she’s been seeing a psychologist due to depression, anxiety, and severe PTSD. She was on short term disability through her work, but when she applied for long term disability her insurer refused her claim. They said she didn’t provide sufficient documents proving that she is disabled. Insurance also feels that it should be a worker’s compensation claim. How does she challenge this?

Sivan explains it is key to start a legal claim against the insurance company. The insurance company decides that an individual’s disability is connected to work-related issues, ergo situational, they will also deem that the individual is not eligible for long-term disability. Many people who are having difficulties at work develop a generalized condition that is not specific to their workplace.

Segment starts at 24:09

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Next Episode: Disability Law Show S3 E17 – Conduct that constitutes “bad faith” by your LTD insurer

Previous Episode: Disability Law Show S3 E15 – Struggling to work due to depression