The lawyers at Aaron Waxman & Associates are experienced with Disability, Personal Injury and Employment claims.
Long-term Disability Claims and Cancer: My Treatment Is Finished, But I am Not Ready To Go Back To Work
Long-term disability benefits are meant to provide a source of income during a time a time of need; when a person is unable to work as a result of illness or injury. The illness could be a physical illness, such as cancer or a mental illness such as anxiety and/or depression.
It is not uncommon for benefits to be approved during the period of time that a person is undergoing treatment for cancer, whether it includes the date of surgery and prescribed recover period, the timeframe for chemotherapy or radiation and general recovery period for those treatments.
However, the path to recovery is different for everyone. It may take some people longer than others to recover from surgery, chemotherapy and/or radiation treatment. There are many negative side effects that can and do result from chemotherapy, radiation and surgeries. Some of the more common post-cancer treatment side effects include weight loss, profound and persistent fatigue, cognitive impairment, depression, lymphedema , depression, anxiety, pain/numbness in the areas of radiation treatment, digestive issues, and loss of bladder control (i.e. from a radical prostatectomy).
Your treatment may be completed and the expected recovery time from surgery may have elapsed, but you may not be ready to return to work. You may have developed pain, fatigue, weakness and psychological symptoms secondary to your diagnosis and experience with cancer.
If your post-treatment symptoms are preventing you from performing your activities of daily living and regular routine, including attending work, you may need more time for recovery and to remain on long-term disability. However, your insurance company may not be of the same view and may encourage you to return to work.
If your claim for long-term disability benefits has been denied as a result of your treatment being finished and the expectation is that you would have recovered and should be able to perform your job or any occupation, do not delay in seeking legal advice to find out what your rights are.
At Aaron Waxman & Associates, we understand that your recovery and health are important. We understand the importance of focusing on recovery. We offer a free, no obligation initial consultation where we can answer any questions you may have about your rights and your long-term disability benefits. There are no bad questions. There are no upfront legal fees. We only get paid, when you get paid.
* This blog is for informational purposes only and is not meant to substitute legal advice. Please read our disclaimer for further information.
* All of our lawyers are licensed by The Law Society of Upper Canada
* Office in Toronto and able to represent people in the province of Ontario