What to know about mental illnesses and LTD | Disability Law Show TV – S5 E20

Episode Summary

WHAT TO KNOW ABOUT MENTAL ILLNESS AND LTD on Season 5 Episode 20 of the Disability Law Show with disability lawyer and co-managing Partner Sivan Tumarkin and national practice leader and disability lawyer, James Fireman.

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

Frustration with the insurance adjuster

I have chronic pain and several underlying conditions. Despite this, and the support of my doctor, I was still denied LTD. What can I do?

• Communicating with the adjuster: Many claimants become frustrated after being denied long-term disability benefits. Insurance companies ultimately are motivated by making a profit and often deny claims despite the support of a treating doctor, and detailed documentation. Rather than appealing a denial, or giving up due to frustration, it is far more beneficial for claimants to file a legal claim.

Forced back to work

I was involved in a serious accident and the injuries seemed invisible. My insurer initially denied disability benefits and then I was eventually forced back to work.

• Returning to work from LTD: In the event of an accident, individuals typically seek treatment and document the incident. A trail of medical documentation is vital to support a long-term disability claim. Claimants with support from their doctor should not return to work until they have been cleared to do so. Returning to work early and without medical clearance can lead to a regression in recovery.

What you need to know about mental illnesses and LTD

• Mental illnesses considered a disability: Mental illnesses are considered disabilities if they prevent a claimant from working. The test in order to qualify for long-term disability is the same for mental health claims and physical conditions. Claimants with support from a treating doctor or psychiatrist should apply for disability benefits.
• Following recommended treatments: Most disability policies stipulate that claimants must continue to seek treatment from medical professionals. Depending on the illness, a specialist might be necessary. Failure to seek and undergo treatment can lead to a denial or cut-off from benefits.
• Reasons for denying a claim: Insurance companies often deny mental illness claims due to insufficient medical evidence. Claimants should ensure all medical documentation is detailed and sent to the insurer. In some cases, claimants are unable to seek treatment due to a lack of resources.
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    Depression and long-term disability
    Anxiety disorders and disability claims

Loss of employment while on disability leave

I’ve been on LTD while awaiting surgery on my shoulder. I’ve heard from co-workers that the company will likely be sold soon. If I lose my job, does that mean my benefits will end?

• Loss of employment and LTD: Once a claimant is on long-term disability, benefits will end solely if a claimant has reached the age threshold in their policy or they have been cleared to return to work by a doctor. A loss of employment should not lead to a cut-off from disability benefits. It is important to speak to a disability lawyer aware of the potential overlap of employment and disability issues. Termination of employment and severance entitlements can lead to a potential reduction in benefits.

PREVIOUS EPISODE: Disability Law Show S5 E19 – 3 Ways applying for CPPD can help your LTD claim