Articles Posted in Long Term Disability Claim (LTD)

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This edition of the Toronto Injury Lawyer Blog is from the mind of our founder and directing lawyer; Brian Goldfinger.

Brian spends a lot of time of the phone speaking with prospective clients; existing clients; insurance adjusters; doctors and opposing lawyers. But most of Brian’s time on the phone is spent answering questions from new and existing clients.

One of the most commonly asked questions of Brian Goldfinger is “how long will make case take to settle?

Brian hears this question in a variety of cases spanning from catastrophic car accident cases; slip and fall cases; motorcycle accident cases. But it seems like this question is most frequently asked in the context of long term disability cases. I don’t know why this is. It just is (if that makes any sense).

In the context of a long term disability case; keep this in the back of your mind. If your long term disability insurer liked your case; and believed that you had a claim they would have paid you by now and you wouldn’t need a lawyer. This statement is half true. It’s half true because even if you have a meritorious long term disability claim, some insurers will just deny you for the sake of denying you because they would rather keep their money instead of paying you out in the hopes that you never retain a personal injury lawyer to fight your long term disability case. For many long term disability insurers; denying claims only to have them litigated is part of their business model. This is why they have an army of in house lawyers at their disposal. To fight long term disability cases like yours at minimal cost. Farming the long term disability work to outside counsel became too expensive. Long Term Disability insurers found it far more efficient and cost effective to hire and grow their in house legal teams to fight long term disability claims. The in house legal departments at Sun Life Insurance, Desjardins, Manulife and Great West Life have all (from my perspective at least) appear to have grown in size and scope of practice.

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The focus of this Toronto Injury Lawyer Blog Post will be on the denial of Long Term Disability Claims.

Of the hundreds of thousands of Long Term Disability Claims which large insurers like Manulife, Great West Life, Sun Life, Desjardins, SSQ, Industrial Alliance etc. handle, why was YOURS singled out for denial?

You’re a good person.

You’ve worked hard at your job for years without taking much time off like some other co-workers who abuse the system.

You’ve paid LTD premiums for years without complaint or missing a premium payment.

So why me? Why was my claim denied and not the other guy who abused the system?

Why are “good people” always getting the short end of the stick?

I don’t have an answer as to why specifically your Long Term Disability claim was denied in particular; but rest assured; you’re not ALONE!

While it may seem like the vast majority of people you know who applied for long term disability, let me tell you that hundreds of thousands of claims go the other way and get denied.

It’s not uncommon for long term disability claims to get denied at first instance, and approved at a later date; or simply denied altogether.

The important thing is to maintain positive and maintain a level head (as best you can). Easier said than done when bills begin to pile up and the collection calls begin to flood in. But doing something drastic in desperate times is never a good idea.

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Last week’s entry of the Toronto Injury Lawyer Blog entitled “How Ontario Car Accident Cases and Pain and Suffering awards work in a Nutshell received resounding positive feedback from our readers. They appreciated how complicated legal terms and concepts were broken down in easy to understand English. This is something our law firm prides itself on.

We understand that most of our clients are NOT sophisticated lawyers with years and years of technical legal training. Most of our clients are everyday people, who have not studied law.

We do our best to make things simple to understand. Why should a car accident case, or long term disability case be spoken about like it’s rocket science? The more our clients understand, the better the lawyer-client relationship.

In that vein, we continue with our “nutshell series“. This installment will focus on how Long Term Disability cases work; along with some of the most commonly asked questions about LTD cases from our clients. If you require more information about long term disability cases, please don’t hesitate to contact Goldfinger Injury Lawyers toll free at 1-877-730-1777 or at info@goldfingerlaw.com for your free and confidential consultation.

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My name is Brian Goldfinger. I’m a personal injury lawyer. My law firm Goldfinger Injury Lawyers helps accident victims, disability claimants, and their loved ones fight insurance companies to get the benefits and compensation which they deserve after a serious accident, illness or injury.

My law firm only acts on behalf of injured and disabled people. We do NOT act on behalf of insurance companies. The only area of law which we practice is Plaintiff side personal injury law. We do not practice in any other areas. Goldfinger Injury Lawyers serves the province of Ontario with meeting offices in Toronto, London, Peterborough and Kitchener. If you can’t make it to us, we would be happy to visit with you for a free initial consultation.

If you are reading this latest installment of the Toronto Injury Lawyer Blog Post, you likely have some questions about long term disability claims and how they work.

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It’s not often that the Toronto Injury Lawyer Blog comments on cases decided at the Human Rights Tribunal of Ontario.

The reason being is that car accident cases, slip and falls, long term disability cases, motorcycle accidents etc. are all dealt with before the Ontario Superior Court; not the Human Rights Tribunal.

But ever so often, cases heard at the Human Rights Tribunal of Ontario intercede with cases relevant to the field of personal injury law in Ontario.

Talos v. Grand Erie District School Board is one of those cases.We here at Goldfinger Injury Lawyers believe this to be a very important decision for employees, employers, insurance companies and lawyers alike.

In 2006, the Province of Ontario passed a law that ENDED an employer’s right to terminate an employee at the age of 65. This allowed people to work much longer, and ended discriminatory practices based on age to people over 65.

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Brian Goldfinger and Goldfinger Injury Lawyers have assisted a large number of disabled teachers and disabled Canada Post workers with their Long Term Disability cases.

Representing teachers and postal workers can be tricky.

For starters, most, if not all full time teachers and postal workers are unionized.

That means their employment and benefits process will be governed by the terms of their respective collective bargaining agreements.

Each collective bargaining agreement, and each term of that agreement differs depending on the union, the employer, the employee’s position, the seniority of the employee, the length of time they have been working for the school board or Canada Post.

In some cases, the collective bargaining agreement prohibits the disabled unionized employee from hiring a personal injury lawyer to fight their long term disability case. That means that the disabled claimant must proceed with his/her union by way of grievance.

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Hey Brian Goldfinger: Where do you draw inspiration for your topics on the Toronto Injury Lawyer Blog?

Great question!

I draw inspiration from my clients, colleagues, cases, associates and every day experiences as a personal injury lawyer. No day is ever the same. While I cannot comment on specific cases at my law firm; I can certainly draw parallels to those general experiences to share with the public which makes for engaging stories to read.

One such parallel is the topic for this week’s installment of the Toronto Injury Lawyer Blog Post. It has to do with Long Term Disability policies and Long Term Disability claims. But, it can also be related to Mortgage Insurance Policies, Accidental Death and Dismemberment Policies, and Critical Illness Insurance.

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Goldfinger Injury Lawyers has assisted countless long term disability clients with their denied LTD claims against large insurers in fibromyalgia, chronic pain and depression cases.

If you are reading this installment of the Toronto Injury Lawyer Blog Post, you likely have some questions about fibromyalgia, chronic pain, or Long Term Disability Cases in general.

If this entry does not answer the questions you may have, don’t hesitate to give us a call toll free across Ontario at 1-877-730-1777 or email Brian Goldfinger at brian@goldfingerlaw.com or our law firm at info@goldfingerlaw.com. Brian Goldfinger and our long term disability lawyers would be pleased to answer your questions, whatever they might be. All of our communication is confidential; and there is no charge; so don’t hesitate to ask away.

And with that pre-amble out of the way, it’s now on to demystifying fibromyalgia and chronic pain in the context of a long term disability claim in Ontario.

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If you read the last instalment of the Toronto Injury Lawyer Blog, you would have read all about the confusing world of Long Term Disability policies, how they work; how they don’t work; and how ordinary people find them confusing. If you didn’t catch the last instalment of the Toronto Injury Lawyer Blog; don’t fret! You can read up on it here. Brian Goldfinger thinks that you will find it interesting and informative.

What makes our long term disability lawyers mad or frustrated, is when we see what appear to be otherwise meritorious cases, fail on account of a technicality not caught by the innocent disability claimant who doesn’t know any better.Goldfinger-logo-icon-300x300

Enter the recent decision out of Kitchener of Wiles v. Sun Life Assurance Company; released February 15, 2018 by the Honourable Justice G. E. Taylor.

In this case, the Plaintiff commenced an action against Sun Life Insurance for Long Term Disability Benefits. Prior to her disability, she worked at a company called Spaenaur.

The plaintiff states that she became fully disabled as of October 15, 2015, she continued to work full time and perform her employment duties until the date of termination of her employment at the beginning of November 2015. Prior to the termination of her employment, the plaintiff did not request of anyone at Spaenaur to be placed on disability.

In the Attending Physician’s Statement Salary Continuance Services, the plaintiff’s primary diagnosis was stated as “major anxiety disorder”. In the Attending Physician’s Statement Claim for Long-Term Disability benefits, the plaintiff’s symptoms were described as severe anxiety and depression which first appeared on November 3, 2015. The form also described the plaintiff’s symptoms as the result of being dismissed from her employment.

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Our law firm handles many short term disability, and long term disability cases against large insurance companies. These insurers include but aren’t limited to: Manulife, Sun Life, Great West Life, Industrial Alliance, SSQ, Desjardins, Co-Operators, RBC Insurance, La Capitale, and BMO Insurance just to name a few.

It should be noted that not every insurer sells/provides Long Term Disability insurance. Some do, and some don’t.  And not every insurance company handles claims in the same way. Insurers may appear similar, and certainly do similar things; but that doesn’t mean that they are the same.

If you’re reading this instalment of the Toronto Injury Lawyer Blog, you may be contemplating making a claim for Long Term Disability Benefits, and don’t know where to start, what to do, what questions to ask, what to say (or not say) so that you don’t mess up your Long Term Disability Claim.

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