Instead of worrying about paying bills or putting food on the table, long-term disability (LTD) benefits allow Ontarians who can’t work due to an illness or permanent injury to focus on their recovery.
Unfortunately, insurance companies often pressure claimants to re-enter the workforce while they are still disabled.
In many cases, insurers threaten to cut off an individual’s access to LTD benefits unless they agree to an immediate or gradual return to work.
READ MORE: Cut off long-term disability in Ontario? 3 things you need to do
For several of our clients, this created a significant amount of mental and financial distress. They weren’t sure how they were going to support themselves or loved ones without access to disability benefits.
If your insurance company is forcing you to return to work while you are still disabled, remain calm. Here are three things you need to do.
1. Get your insurer’s return-to-work plan in writing
In our experience, insurance companies usually pitch a return-to-work plan over the phone – pressuring claimants to accept it.
If your insurer outlines a return-to-work plan during the call, don’t agree to anything.
Before hanging up, ask your case manager to provide you with the details of the plan in writing. This document should include the proposed return date or the number of hours that your insurance company recommends you work each week.
In many cases, individuals are cut off LTD if they refuse to follow their insurer’s return-to-work plan. One excuse commonly used by insurance companies to deny claimants access to disability benefits is that they no longer meet the definition of “totally disabled” under their policy.
If you find yourself in this situation, it’s crucial that you get your insurer’s reasons for the decision in writing. This is known as a denial letter.
READ MORE: Denied long-term disability? 4 reasons to get your insurer’s decision in writing
Once you have received all of the relevant documents from your insurance company, contact an experienced disability lawyer at Samfiru Tumarkin LLP. We can review your situation, assess your legal options and help you secure the compensation you deserve.
Even if you don’t have your insurer’s return-to-work plan or a denial letter, reach out to our firm as soon as possible. We provide free consultations for issues involving LTD and can answer any questions you have.
2. Talk to your doctor
After your insurance company provides you with their return-to-work plan, bring the document to your treating doctor.
During the meeting with your physician, explain why you believe that your condition prevents you from re-entering the workforce.
If your doctor agrees, have them clearly outline in writing all of the reasons that you are still unable to work due to your disability.
READ MORE: ‘Get full support from your doctor’: Disability lawyer’s guide to making insurance claims
The more support you can provide from medical professionals, the better. If other doctors are involved in your treatment, such as specialists, have them also comment on your condition in a letter or email.
3. Contact us
If your insurer is forcing you to return to work while you are still disabled, or you have been cut off from LTD benefits for refusing to do so, contact an experienced disability lawyer at Samfiru Tumarkin LLP.
It’s very important that you get the right legal advice before appealing your insurance company’s decision.
Our compassionate team regularly resolves issues involving LTD, life insurance, critical illness and mortgage insurance claims across Canada.
We provide consultations at no cost to you and don’t get paid unless we get results. Over the years, we have helped thousands of clients, including Sandra Bullock and Julie Austin, secure the compensation that they are legally entitled to.
READ MORE: Insurer being difficult? 3 reasons you should hire a long-term disability lawyer
An interesting case that our firm recently handled involved a software engineer in Ottawa who was struggling with severe depression.
After receiving LTD benefits for two years, he got a phone call from his insurer – encouraging him to participate in a gradual return to work.
When he refused, he was warned by his case manager that his access to disability benefits would be cut off if he didn’t reconsider. Despite the warning, he stated that he wasn’t ready to re-enter the workforce.
Less than a week later, the employee received another phone call from his insurance company. During the call, his case manager informed him that his access to LTD benefits had been cut off because he no longer met the definition of “totally disabled” under their policy.
However, he had strong support from his treating doctors. In their reports, they specifically noted that his condition prevented him from doing any job – even on an hourly basis.
Confident that he had a strong case, the employee requested a denial letter before ending the call. Once he received his insurer’s decision in writing, he contacted Samfiru Tumarkin LLP.
As our lawyers reviewed the denial letter and the reports from his treating doctors, it quickly became clear that the insurance company didn’t do a comprehensive review of his file.
READ MORE: The insurer cut off his benefits. Then his lawyer reviewed his medical assessment
After bringing our findings to the software engineer’s insurer, we were able to secure an extremely favourable amount of compensation for the employee.
Insurer pressuring you to return to work while you’re still disabled? Cut off long-term disability?
Contact the firm or call 1-855-821-5900 for a free consultation with a disability lawyer. We help Canadians across all provinces (excluding Quebec). Get the advice you need and the compensation you deserve.
Sivan Tumarkin and Albert Klein are disability lawyers at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. The firm provides free advice on Canada’s only Disability Law Show on TV and radio.