What you should do if on LTD and fear your benefits will be cut off | Disability Law Show TV – S3 E14

Episode Summary

WHAT YOU SHOULD DO IF ON LTD AND FEAR YOUR BENEFITS WILL BE CUT OFF on the Disability Law Show with disability lawyer and partner James K. 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 Ontario,  British Columbia,  or Alberta, on the only disability law show on TV and radio in Canada.

Episode Notes

Denied LTD after a negative physical reaction to fertility treatments

I had a bad reaction to fertility treatments and the process wasn’t successful. I was denied LTD and I’m not sure why. What should I do?

Segment starts at 1:05

Declined benefits due to missing the deadline

I’ve been working in IT for a while but had to stop working last year due to my back. The HR department helped me with the forms to get short term disability benefits, but did not initially tell me that I also had long term disability coverage. The insurance company recently declined my long term disability application because I missed the deadline by 3 months. Is there something I can do?

James explains that it is important to contact a disability lawyer in this situation who can contact an insurer on your behalf. In most cases, insurers can be forced to accept a late application if it is a few weeks or months after a deadline has passed.

Segment starts at 5:43

What you should do if you’re on LTD benefits and fear you’re going to be cut off

1️⃣ If you haven’t already done so, apply for CPP Disability ASAP

CPP Disability is a federal government program and the test required in order to qualify for this program is more difficult than what is necessary for long-term disability.

Segment starts at 11:25

2️⃣ Get your doctor to confirm in writing that you are still disabled and explain why you can’t go back to work at the present time

James explains that it is important for the insurer to have the most recent information regarding your condition from the treating doctor. If an insurer decides to cut off benefits, they will then not be missing any information.

Segment starts at 14:34

3️⃣ Contact a disability lawyer – DO NOT wait or appeal!

Appeal processes were created by insurers and are rarely effective. Waiting to contact a disability lawyer can take up valuable time that is needed in order to bring forward a claim as there is a limit of two years.

Segment starts at 16:10

Losing benefits if the company is sold

I’ve been collecting disability due to breast cancer and Guillain-Barre syndrome. I have had multiple surgeries, but am still not well. My feet continue to burn from all the nerve damage and I’m not able to return to work yet. My company, however, was recently sold. What will happen to my benefits?

Benefits will not be discontinued if an individual is still considered disabled up until the age of 65 even if a company is sold or an employee is terminated from their position. However, an employer can decide to change the insurance provider. The previous insurer might try and cut off benefits.

Segment starts at 21:26

Lost appeal and worried about losing employment

I’ve been on leave due to depression for 2 years. The insurance company recently cut off my benefits, and I just found out that I lost my first appeal. My employer is asking me when I’ll be returning to work, but my doctor and counselor have both told me I can’t go back until my condition improves. I’m worried about my job. If I appeal again, will that stop my employer from firing me?

Appeals give the insurer more control over the situation and they are not effective. Contacting a disability lawyer is important in this situation as they can appeal on behalf of the client to their employer. Employers do not want to be sued for wrongful termination.

Segment starts at 23:40

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

Previous Episode: Disability Law Show S3 E13 – Myths that LTD Insurers want you to believe are true