Anyone here go through human rights against employer?

My benefit booklet states that in order to make a claim you must submit objective evidence.

I have requested the actual provision from the contract that states that only objective medical evidence is required.

I believe this is discrimination -as those with more inherently subjective illnesses do not have equal access to group benefits.

I am curious to read responses. Most mental health is subjective and indeed discriminated against as a result.

Honestly, after going through a 3 year fight for my LTD benefits and being fired while on LTD (still ongoing) this is something that would need a lawyer consult with your personal file/data information. Every case is unique and there may be other legal routes that are a better fit.

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I am in the process. Another long process.

I went through the objective evidence issue with STD/LTD, Basically they deny most evidence as non-objective related to mental health issues, etc.

I just continue to see Dr.s and get information on paper. I recently was able to get an assessment by my lawyer from a real Psychiatrist. Two hour visit/discussion and a long report which reviewed my whole medical history since first Dr.s visit with issue!.

My case with HR has been with them since 05/2018. I believe my case was to be reviewed now, July, but COVID may have pushed me further down the road.

Getting an independent report from a psychiatrist and a fully examination of history done is critical, I found, to getting LTD accepted. When I was lobbying for my LTD for mental health, I practised what I called a “triple threat” combination that consisted of:

  • Monthly visits to my doctor
  • Monthly visits to a psychologist or registered counsellor
  • A full assessment by a psychiatrist, with bi-annual visits if possible

If you have a family doctor, a therapist/psychologist and a psychiatrist on your side then you will have very little trouble getting LTD. Basically, here’s what I learned when dealing with LTD… they only have so many resources and they go after the easiest targets. Think of it like high school - bullies go after the weak. The more evidence you give them and the less you react to them the more they will leave you alone. Try and stay as unnoticed as you can and never initiate emails or calls. Also, dont try and hide your crazy with them it is counterproductive. If I am too anxious on a phone call I tell my rep GOOD BYE and hang up. Recently I told them NO MORE phone calls, too anxious, only email and they oblligded. Sometimes I feel like I have freaked my case manager out so much with my crazy that she just leaves me alone and picks on easier prey. And I am fine with that LOL.

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