Claim denied and can't get a lawyer because of union


#1

I’ve been off work since the end of June 2017. Applied for LTD. The company my employer deals with kept requesting more information. I kept sending them test results etc. After almost five months I was denied. My doctor will not allow me to go back to work until my back problems are dealt with…it may require surgery and spinal fusion. I contacted a lawyer who told me he can’t help me because of what is stated in my union’s CBA and because of an employee bylaw within the city…therefore it’s apparently a union matter. I talked to the union president who contacted the union lawyer. He won’t help me until I’ve exhausted the whole appeal process and even then it would have to go to a members vote as to whether or not he’ll help. So I’m left unable to return to work, no income whatsoever, and having to go through the whole appeal process on my own without a clue as to what or how to do it. So now what? Any suggestions?


#2

Apply for EI Sick Benefits.
Maybe welfare too.

You have a union rep, right?
It is their job to help you.


#3

I agree with Jammer’s suggestions. There are a small number of LTD Plans that are governed completely by Union Collective Bargaining Agreements. As part of those agreements, they union agrees to give up all rights for its members to sue the LTD plan in the regular courts. This seems like a great deal until you are the one having to appeal a disputed claim. Keep pressing your union for help, but also educate yourself. the quality of support form the union can vary greatly – from very good to horrible.


David Brannen

Disability Lawyer with Resolute Legal

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