Ask a Lawyer: Eating Disorders and Disability Insurance Law

Ask a Lawyer: Eating Disorders and Disability Insurance Law

Eating disorders, such as Anorexia Nervosa and Bulimia Nervosa, are complicated psychological illnesses with profound mental and physical health affects. They are often misunderstood, and this makes it difficult for sufferers and their loved ones to know what they’re entitled to when it comes to benefits. You can always turn to the legal experts at Share Lawyers to consult on your disability insurance claims. Below, we answer some of the more frequently asked questions about eating disorders and disability insurance law.

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I have been seeing my doctor for years, and she is the only person who fully understands my condition (long-term bulimia and side effects). Can I refuse to see the doctor the insurance company wants me to see and use mine instead?
You can, but the consequences of refusing their chosen doctor must be understood. Where the insurance company continues to pay benefits, a refusal to attend an assessment would be construed as non-cooperation, which would likely result in suspension or termination of disability benefits. If there is a specific reason that you are refusing to attend the assessment, you should provide reasons, as if there is an acceptable reason, the insurer may agree to arrange an assessment with another assessor. Where your benefits have been cut-off or your claim has been denied, we would urge you to contact a lawyer to discuss your options before attending any such assessment.

I’m looking into applying for long term disability benefits, as my doctor has advised me to take time off due to a recent diagnosis of binge eating disorder. Can I pay my doctor to write a detailed report for me to submit to the insurance company?
Yes. It is lawful for a doctor in Ontario to accept payment from you to write a detailed report. The report should be written by your own doctor or a specialist your doctor has referred you to.

Can I request a lump-sum payout from the insurance company if I am receiving monthly benefits?
It is possible to request a lump sum payout, however, many long term disability insurers will not be prepared to consider this option, and if they are, they may not be prepared to pay an amount that would be acceptable to many claimants. Insurers are often very suspicious regarding the motivation for such a request when monthly benefits are being paid, and will usually only consider paying out the claim for a significantly discounted amount.

 

Has your long term disability claim been denied? Contact Share Lawyers and put our experience to work for you. We offer free consultations and there are no fees unless we win your case. Find out if you have a disability case.

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