Sunday, September 8, 2019

"There is business case for accessibility legislation"/ "Understanding how and when to apply for long-term disability"

Sept. 7, 2018 "There is business case for accessibility legislation": Today I found this article by Marie Bountrogianni in the Globe and Mail:

Dean, G. Raymond Chang School of Continuing Education, Ryerson University, Toronto


First and foremost, national accessibility legislation is an act of human rights and inclusion. Nobody wants to live in isolation or feel forgotten by society. Through my research on employment trends, I found that a large majority of people with disabilities have a strong desire to work and pay taxes. 

Unfortunately, these individuals still make up a disproportionate number of people working in jobs below their skill level, a trend called mal-employment.


A poll commissioned by CIBC in 2017 found only half of Canadians with a disability are employed.



Canada, it is time for a paradigm shift.

There is a strong business case for the Accessible Canada Act; it is a shrewd move for the Canadian economy. In an increasingly competitive global marketplace, making Canadian businesses architecturally, physically, technologically and attitudinally accessible will significantly help their bottom line. 

After making reasonable accommodations, business owners will also find that they can recruit from a new pool of highly skilled workers.



The proudest moment of my tenure as Ontario cabinet minister came in June, 2005, when the Accessibility for Ontarians with Disabilities Act (AODA) received Royal Assent and came into force. However, the most profound moment occurred much earlier in the AODA consultation process.

 Following a meeting between business representatives and community members, a senior executive informed me, “minister – as a businessman, you are scaring me, but as a father of a girl with a disability, you are not moving fast enough.”


His sentiments summarized the core our challenge. As indicated by Statistics Canada, approximately one in seven Canadians report living with a disability that affects their mobility, cognition, sight, hearing, learning or mental well-being. 

Whether we know it or not, all of us love someone who lives with a disability. It is our responsibility to help ensure these individuals feel like valued members of society.


For small-business owners, the prospect of costly modifications to their physical or virtual place of business may be especially daunting. However, I assure you that implementing these changes will come back to you in a positive way, financially. 

Since the Americans with Disabilities Act became law in 1990, the U.S. General Accounting Office reports that revenues in the U.S. hospitality industry alone have increased by 12 per cent. People with disabilities are not unique in that if they feel their business is appreciated, they will be repeat customers for life.


Nearly every Canadian will face a challenge to their accessibility at some point in their lifetime. Adults at the age of 65 and older outnumbered children in Canada for the first time in 2016 – a clear illustration of our country’s aging population. Statistics Canada further predicts that by the year 2031, one in every four Canadians will fall into the 65-plus demographic. 

Although their mobility may be limited, seniors want to stay active and engaged in their golden years and they often have monetary resources to spend on these endeavours. Consider the lucrative small-business opportunities this could present for savvy entrepreneurs. Simply integrating accessibility into your business plan could help you engage a loyal customer base.


The Chang School and DMZ at Ryerson University recently introduced the Accessibility Project – a community and grant program that champions innovative ideas, products or solutions that support people with disabilities and the aging population. 

Some of the funded projects include a technology that allows hands-free interaction with iOS and Android devices as well as personal computers; an adaptive, two-garment clothing line that maximizes comfort and functionality; and a smartphone app that helps people with mobility challenges identify barrier-free businesses. 

Many of the teams who applied for funding consisted of at least one team member who is living with a disability. Consider the unlimited potential for innovation when we empower entrepreneurs of all ages and abilities.

When the national accessibility legislation was tabled in Parliament this past June, the government called for the future appointment of a Chief Accessibility Officer and an Accessibility Commissioner. I encourage the government to stand by these appointments and to stay vigilant in overseeing the implementation of the law.

 Leading up to the 2025 deadline of an accessible Ontario, there has been criticism over efforts to hold businesses accountable for making the appropriate changes. Personally, I think this may simply stem from a lack of communication. If businesses were more aware of the benefits of becoming accessible, I believe that they would be much more receptive to accessibility modifications. 

Premier Doug Ford’s recent appointment of a Minister for Seniors and Accessibility could be a step in the right direction for addressing this information gap.


Without a doubt, I believe that the Accessible Canada Act presents excellent potential for economic growth. All Canadians will benefit when the accessibility legislation is properly implemented and enforced. Furthermore, it is a great opportunity for us to emphasize the best attributes of this great country.

https://www.theglobeandmail.com/business/careers/leadership/article-theres-a-business-case-for-accessibility-legislation/

 "Understanding how and when to apply for long-term disability": Today I found this article by Matt Lalande in the Globe and Mail:

Founder, Lalande & Company Disability Lawyers, Hamilton

With many working Canadians living paycheque to paycheque, there is no doubt that an unexpected illness, injury or catastrophic medical event can leave many people overwhelmed with financial strain and scrambling to avoid crushing debt. Whether it’s the onset of major depression, cardiovascular disorder, mental illness, serious bodily injury or cancer – coping with the toll of being unable to work and meet financial obligations can be disastrous for many people.


Fortunately, many employees have access to long-term disability insurance, either through their employer via payroll or purchased privately by individuals directly from insurance companies or brokers. The purpose of disability income insurance is to provide periodic payments to a person if he or she is unable to work because of a disability resulting from accident or sickness, provided that he or she meets the applicable policy definition of “total disability.”


How do you know when to apply for long-term disability?



Think of long-term disability insurance as a type of income-replacement coverage, since technically that’s what it’s designed to do. While none of us anticipate becoming medically incapacitated to the point that we can no longer work, the time to apply for disability insurance is when you can no longer function vocationally because you are hurt, sick or suffering from a serious mentally disability.


Typically, long-term disability picks up where short-term income coverage leaves off. Short-term disability is normally funded by your employer, a short-term disability insurance plan or employment insurance (EI). 

The period of time between the onset of your disability and when you begin receiving long-term disability benefits is called the elimination, waiting or qualifying period – which is typically 90 to 120 days after you become disabled. If you are still unable to return to work after this time, you will begin to receive long-term disability benefits if you are deemed totally disabled as per your policy definition.


What ‘total disability’ means to a claimant



There are countless policy scenarios, but most long-term disability policies define “total disability” within the first 24 months as being when you cannot perform the important duties of your job, even though you may be able to perform the duties of another occupation.


Typically, after 24 months, there is a “change of disability” definition in most policies that changes the definition of total disability from “own occupation” to “any occupation”, meaning that benefits will continue to be payable only if you cannot, by reason of your education, training or experience, perform the duties of any gainful occupation.

Medical support – the true necessity



It is up to you, along with your medical providers, to prove that you are disabled within the meaning of your policy. Claims involving either invisible (such as chronic pain, mental illness, psychiatric conditions) and objective injuries (injuries that can be seen) both require medical evidence to establish a clear and accurate picture of your clinical condition and tell the tale of why you cannot work.


Disability adjudicators evaluate claims based on the medical evidence provided by your doctors or clinicians on an ongoing basis. It is simply not possible for adjusters to properly adjudicate claim eligibility without your doctor’s records or documentation to rely on. 

Your own complaints are not sufficient to prove that you are totally disabled. Your medical records must establish the types of impairments that prevent you from working and from which you have been diagnosed by doctors familiar with you and your conditions.

When the disability claim goes wrong



Long-term disability claims can be denied for a myriad of reason – from claimants simply failing to meet the policy definition to fraud, applications or appeals missing deadlines, insufficient treatment compliance, misrepresentation, policy exclusions, insufficient medical evidence or missing medical records. There simply may not be enough medical evidence to support your claim.



Equally, disability claims can also be unfairly denied or claimants can be cut off their benefits unreasonably and without merit. Disability insurance involves underwriting risk and, because of this, insurance companies tend to operate defensively in order to combat fraud. 

It is certainly not uncommon for adjusters to unfairly deny legitimate claims without receiving and reviewing relevant medical evidence, relying on doctors considered to be hired-guns, relying on insurance doctors of the wrong specialty, personality conflict between claimant and adjuster, relying on social media or internet investigation, unreasonable surveillance, disregard of your relevant records or by arbitrary internal objective.


Disability insurance is purchased for peace of mind and is meant to mitigate financial risk of unexpected illness or injury. Depending on the terms of your policy, you are entitled to apply for long-term disability if you remain disabled after the elimination or waiting period.


Don’t assume that your adjuster or claims administrator will gather all of your required medical records to support your claim. Adjudicators often manage several dozen claims at once and are not obligated to request records from every clinic you have attended. 

If you have test results, access to relevant records, imaging (ultrasound, CT, MRI) or any other record you believe supports your disability claim – gather it and send it in. You can potentially shorten your approval time and improve your chances of being approved.

https://www.theglobeandmail.com/business/careers/leadership/article-understanding-how-and-when-to-apply-for-long-term-disability/


Understand this about long term disability insurance. When you make a claim (after the "elimination period" during which the insurer hopes that your issue will self-correct) you are assigned to a claims manager or some other similarly titled person.

That person's job standing and security, salary increases and prospects for promotion are directly tied to how proficient they are at clearing claims. They have a manager or supervisor above them watching their stats about how much is being paid out and how rapidly their files are being closed.

Therefore, that person's motivation is not your wellbeing. It is to get you off the books as quickly as possible and close your file. I won't get into personal experience of all of the tactics that are employed to achieve that but it probably wouldn't surprise you to learn that they are not all above board.

A constant hovering intimation or innuendo of malingering; surveillance; intimidation; insistence on repeated tests and interviews; delayed benefit cheques; etc.

I was extremely fortunate that the medical personnel working with me were willing to stand up to the insurer's "experts" and tell them to get stuffed. Others may not be.

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