Archive for the ‘Long Term Disability’ Category
Roger R. Foisy Invited as Panelist on OTLA Long-Term Disability Roundtable
Roger R. Foisy has been invited to participate as a panelist on the Ontario Trial Lawyers Association (OTLA) roundtable on Examination for Discovery of an LTD Defendant. Other prominent lawyers who will be part of the panel include Nainesh Kotak, Steve Rastin, and Najma Rashid. Roger is regularly...
Why It’s Important for Personal Injury Lawyers to Monitor Client Social Media
Social media evidence is now commonly used in personal injury cases, with defendants and insurance companies increasing their monitoring of plaintiff accounts. As a lawyer, you need to know what your clients post to their profiles because what may seem like a harmless post can have dire...
Has Your Long Term Disability Been Terminated [Video]?
You have seen little if any improvement in your physical and mental health, but your long term disability has been terminated. You have not received the go-ahead from your doctor to return to work, and you continue to take the same or more medication. So, how can the insurance company doctor who...
Has Your Long Term Disability Claim Been Denied [Video]?
Your long term disability claim has been denied, and your insurer has offered you to appeal its decision. At this point, you need to pause and think for a moment…what are the chances that the same insurance company that denied your claim will overturn its own decision? I’ve been a long term...
Long Term Disability and Psychological Distress [Video]
Admitting that you might be suffering from mental health issues can be difficult, but facing your problem can help your disability claim. People who are suffering from mental health issues tend to blame their workplace and employer for psychological distress. Focusing on your employer can undermine...
Long Term Disability and Chronic Pain
We tend to recognize pain as only physical, but pain has biological, psychological, and emotional factors and if left untreated or misdiagnosed, there is a possibility it becomes chronic. Diagnosing chronic pain can be difficult as most of the time symptoms cannot be seen, even though the pain is...
Here’s What You Should Do If You Receive Your Two-Year LTD Termination Letter
You’ve been receiving long term disability (LTD) benefits and have just received a letter from your insurance company stating that your benefits will be terminated at the two-year mark. The insurance company has sent you this letter because how total disability is defined in your policy changes...
Can You Claim LTD Because of COVID-19?
The COVID-19 pandemic has changed our way of life and the direct and indirect psychological, social, and economic effects of COVID-19 could affect mental and physical health now and into the future. Studies have shown that large-scale disasters, whether traumatic, natural, or environmental are...
How to Avoid Being Denied Disability Benefits: Completing the Physician Statement [Video]
As an Ontario Long Term Disability lawyer, I am regularly asked how people can avoid being denied LTD benefits when they are applying. From a legal action perspective, I can only accept long term disability clients after their application has been denied or their benefits have been wrongfully...
How to Avoid Being Denied Disability Benefits: Completing the Sponsor (Employer) Statement [Video]
As an Ontario Long Term Disability lawyer, I am regularly asked how people can avoid being denied LTD benefits when they are applying. From a legal action perspective, I can only accept long term disability clients after their application has been denied or their benefits have been wrongfully...
How to Avoid Being Denied Disability Benefits: Completing the Member Statement [Video]
As an Ontario Long Term Disability lawyer, I am regularly asked how people can avoid being denied LTD benefits when they are applying. From a legal action perspective, I can only accept long term disability clients after their application has been denied or their benefits have been wrongfully...
10 Ways Employers Help Prevent Employees from Developing Psychological Long Term Disabilities [Infographic]
A good workplace can help reduce the anxiety and stress that often leads to a psychological long term disability claim. Although every mental illness is unique to the specific individual and circumstances, I have some general tips for employers to take proactive steps in making the workplace a...
Educational Long-term Disability Resources
At the Roger R. Foisy injury law firm, we strongly believe in educating people as much as possible about the process of injury and long-term disability (LTD) law in Ontario, as well as helping them understand what to do and what to expect after an injury or disability. In pursuit of this goal,...
10 Things Employers Can Do to Accommodate Employees with Physical Long Term Disabilities [Infographic]
Ontario employers have a legal duty to accommodate employees with long term disabilities who are returning to work. Although accommodations must be made based on the specific individual and their particular disability and circumstances, I have some general tips for employers seeking to properly...
Preparing for an Insurance Company Independent Medical Examination [Video]
Personal injury clients are often asked to undergo an Independent Medical Examination (IME). These evaluations are common practice when you are engaged in a personal injury or long-term disability...
Why You May Want to Consider Getting an Individual Disability Insurance Policy (Even If You’re on a Group Policy through Your Employer)
While it is good to have LTD insurance through a group policy with your employer, there are many scenarios in which it may be beneficial for you to also purchase an individual insurance policy for yourself....
What Is the Settlement Value for My Injury or Illness? [Video]
People often believe that settlement value is mostly determined by the extent of the injury. While this is a factor, the most important information is how the injury has impacted your life. In other words, what does the injury prevent you from being able to do and how does this affect...
When Personal Injury Impacts an Elderly Person’s Mobility
Mobility is extremely important for our health and happiness as we age. Elderly people who are mobile are typically better able to retain their independence and stay active into the golden...
Initial Client Interview: What Personal Injury Victims Can Expect [Video]
Typically, personal injury victims do not have experience with the legal process, and therefore do not know how to proceed after being injured....
Do You Understand the Definition of Disability in Your Group Insurance Policy?
I recently wrote about the importance of fully understanding your long term disability group insurance policy....
Why You Must Fully Understand Your Long Term Disability Group Insurance Policy [Case Study]
Misunderstanding your long term disability (LTD) group insurance policy can result in a great deal of stress if you are ever in a position to require those benefits. Unfortunately, your LTD policy may not be as straightforward as you...
What Can I Expect at an Examination for Discovery? [Video]
My personal injury and insurance disability clients often have many questions about what to expect during the Examination for Discovery...
How an Occupational Therapist Can Help Personal Injury Lawyers Achieve a Favourable Settlement
If you or a loved one sustains a serious injury as a result of negligence from another party, you may need to employ a personal injury...
Ontario Trial Lawyers Association 2015 Long Term Disability Conference
Today, January 23, 2015, I am attending the Ontario Trial Lawyers Association (OTLA) Long Term Disability Conference: Good Practices and Bad Faith From Coast to...
How Employers Can Become a Cause of Long Term Disability Claims
As an Ontario Long Term Disability Lawyer, I have helped many clients settle long term disability (LTD) insurance claims. Through this experience, I have observed that the majority of my LTD clients are making claims due to disabilities related to the...
The Long Term Disability Insurance Process and Why It Can Fail
Many people with valid long term disability (LTD) claims are denied. Why does this happen? Shouldn’t our system have processes in place to ensure that those who need long term disability receive...
Why Insurance Companies May Have You Under Surveillance (And How You Can Lose Your Long Term Disability Compensation)
When you have made a claim for or are receiving long term disability insurance benefits, insurance companies will often look for reasons to deny or terminate your disability benefits. It is in their best interest to demonstrate that you are fit for work and do not require ongoing disability...
Long Term Disability: Why Is It Difficult to Receive Funding for Psychological Disabilities?
Long term disability (LTD) occurs when you are unable to work due to an injury or an illness. Those who suffer from injury or illness and have previously purchased disability insurance are able to submit an LTD claim through their disability insurer, which gives them a degree of financial security...
Using the PQRST to Accurately Describe Pain to Your Doctor [Video]
It is very important to effectively describe the pain you feel to your doctor. Without an accurate description, reporting that you are experiencing “pain” will not help the doctor assess your condition. Furthermore, a vague description does not properly convey how your pain is affecting your...
The Next Five Reasons an Insurance Company Will Deny Your Long-Term Disability Claim [Video]
In our previous video, we explained the first five reasons why an insurance company might deny your long-term disability claim or terminate your benefits. Click here to see it. Today, our video is concerned with the next five common reasons why insurance companies deny long-term disability claims....
The First Five Reasons an Insurance Company Will Deny Your Long-Term Disability Claim [Video]
If you are not able to work due to an injury or an illness, it is very important for you to be aware of the main reasons why an insurance company may deny your long-term disability claim. With knowledge of the five most common reasons why claims are denied, you may be able to avoid...
What is Long Term Disability Insurance? [Video]
What is long term disability insurance? Many people aren’t aware of their options when faced with a long term injury or illness. Insurance companies have rules and regulations which make it difficult to navigate through the claims process, and time limitations can block legitimate claims. It is...
Insurance Arbitrator Awards Medical Marijuana
The Financial Services Commission of Ontario has awarded a catastrophically injured motor-vehicle accident victim medical benefits for the purchase of medical marijuana. The victim’s insurance company is to make payments of $567.60 per month. In 2000, the applicant suffered a major head...
Maximum Attendant-Care Benefit not Limited to Extent of Economic Loss
When in a motor vehicle accident, regardless of fault, you are entitled to accident benefits from your insurance company. One benefit is for ‘attendant care,’ which covers daily-care expenses if you are no longer able to care for yourself. The amount of attendant-care benefits depends on...
Combining Physical and Psychological Impairments in Catastrophic Impairment
If suffering serious injuries from an accident, the method for assessing catastrophic impairment should be more inclusive according to an Ontario Court of Appeal decision. An assessment of physical and psychological impairments should be allowed to be combined in determining if someone suffers from...
FSCO Against Combining Physical and Psychological Impairments to Determine Catastrophic Impairment
Seriously injured claimants may find it more difficult to access the motor vehicle accident benefits they need if the recent recommendations from Ontario’s insurance regulator are adopted into legislation. The recent report by the Financial Services Commission of Ontario (FSCO) finds that there...
New Definition of Catastrophic Impairment
Expected Changes to Availability of Auto Accident Benefits with New Definition of Catastrophic Impairment. With a new and more limited definition of catastrophic impairment potentially going to be implemented by the Ontario government, there is a deep concern that those who suffer serious injuries...
Facebook, YouTube, Twitter and other Social Networks – Risky Business?
When it comes to companies providing you with insurance, the job of the ‘underwriter’ is to assess the risk you present to the insurance company should they decide to insure you. Things like age, drinking, smoking, medical history, family history of medical issues etc… may be taken into...
Fibromyalgia & Chronic Fatigue Syndrome Disability Claims
Fibromyalgia and Chronic Fatigue Syndrome can be devastating disabilities to experience. Fibromyalgia is a rheumatic disease resulting in a number of symptoms, including pain tender/trigger points, difficulty with sleeping, concentration and a host of other symptoms. Fibromyalgia can affect both...
