HELP PLZ! denied LTD, didn't apply for CPP-D, lawsuit now at 12+ months

[joannemcdougall327]

hi guys,

I’m asking for your kind assistance – I have severe schizophrenia, it is difficult for me to work as medication doesn’t seem responsive in my situation. The worst part of is the suicidal ideation – intrusive thoughts of suicide, they are truly horrific but I get by – I got diagnosed while on STD… I was on STD for one year, then Manulife denied me LTD.

Manulife is denying me due to pre-existing condition issue – which I don’t understand as I was perfectly fine prior to beginning my job, I did very well during the interview process.

I’ve been wanting to get help from this forum for months, because I have access to a computer at the Eaton Center now thanks to Apple. I’ve ended up on the streets – because I feel safer there than in shelters to be honest and also Manulife agents can’t corner me the way they did in the shelters.

Now it has been 12 months since my lawyer took on my case, perhaps now he is at the superior courts – and I have a deposition to attend in 3 months time… I have not applied for CPP-D because I am not qualified as I did not work for 4 out of 6 years (I have less than 25 years in). I am also not qualified for Ontario Works either – in fact, technically, I am fully employed by my employer, at least on paper.

Is there any hope? Will Manulife finally come to their senses, stop following me around with their agents everywhere in Starbucks, in Tim Hortons… making slight comments about my attire, offering “help”… and also, I want to know that I will receive some funds as I don’t enjoy living this way and had a very nice life before all of this started.

Am I disqualified now from lump sum payments? How long does it usually take for a settlement to be reached? During deposition, can Manulife be ordered to cease and desist monitoring me with their agents?

It isn’t fair that I am disqualified from Ontario Works although they did give me TTC tokens.

[catalyst]

I was able to get on ontario works when I explained my situation, waiting on LTD, I signed an agreement with them that basically stated “when/if I receive payment/settlement I will refund them all the funds I collected during my time on ontario works till the settlement/approval of my LTD case”

try checking with them again and I would suggest bringing a friend to help advocate for you as it can be hard to get past the frustration and communicate exactly what you are asking especially if it isn’t in the norm of their every day case. (edit as well with this specific application all you need is income reporting not job hunting or any of the other stuff, sadly they can’t back pay)

best of luck -fingers crossed for you-

[joannemcdougall327]

thanks so much catalyst … hopefully someone at the shelter can walk with me to metro and talk to OW again, hopefully they’ll give me at least the credit card with 300 CAD on it. thanks again

[jammer]

What about applying for ODSP?

[joannemcdougall327]

… need to be out of work to qualify for that – I’m still an employee with BMO, I’m not qualified for either ODSP and OW and I was warned that I may get charged with fraud if I keep attempting to obtain either one… they need to see a ROE showing that my position has been terminated without cause.

[Caro]

Hi Joanne, do you have a family member, a social worker or a schizophrenia support association that might be able to advocate for you? I feel like what you are reporting here suggests that you should be able to access more help so I am wondering if your illness is preventing you from accurately conveying your situation to the people who administer the benefits.

[joannemcdougall327]

hi caro, finally a kind soul who is being truly helpful – sorry about emotional icon, it keeps saying slightly smiling, when I want full smile

I’ve gotten caught in a bad situation as I’m an orphan and grew up more or less in CAS – I do run into my old workers from the CAS and they talk to me, etc. but the problem is that I am grown up now and it is not easy for me to stay stable for very long – what I really want is to get committed as soon as possible to a treatment center away from regular society – I know there are places like homewood that treat patients with kindness.

Manulife was supportive during STD – but they were also the same people who dealt with me years ago when I broke down and got admitted to a psychiactric hospital. I improved. The program really worked and I went back to work and forgot all about this stuff… it was recently with BMO that all of a sudden things came back and I lost all methods of coping, and then the suggestion of schizophrenia and then the diagnosis… Manulife is once again the same people dealing with me. What is strange is that they are not denying that I have these issues, only that I had pre-existing illness and hence am excluded from benefits coverage…

I’m trying to stabalize enough to get someone to help me out, at the same time it is very difficult to trust anyone

do you know how long after mediation a decision is made? do you know if the case goes to supreme court I’ll have to be interviewed by the CBC or CP24? In that case, I can’t continue as I can’t deal with publicity… its bad enough I’m hanging out in front of city hall, I don’t want to fall on the radar of CSIS and the RCMP.

[jammer]

@joannemcdougall327

Manulife is once again the same people dealing with me. What is strange is that they are not denying that I have these issues, only that I had pre-existing illness and hence am excluded from benefits coverage…

So hard to find information to decide how to present LTD claim

Hi, Welcome to the Forum. I am glad you liked my article on the Secret to Winning a Disability Claim! I consider this to be one of the most important blog articles I have ever written. To answer some of your questions, the pre-existing disability clauses typically only apply if you have been enrolled in the group plan for less than 1 year (sometimes 2 years). Sounds like that does apply, so in a situation like yours the insurer will always look into whether your reason for disability would fall…

@David_Brannen

the pre-existing disability clauses typically only apply if you have been enrolled in the group plan for less than 1 year (sometimes 2 years).

@joannemcdougall327

do you know if the case goes to supreme court I’ll have to be interviewed by the CBC or CP24?

I don’t see why they would.
You would be too small potatoes for them.

[David_Brannen]

@joannemcdougall327

I have not applied for CPP-D because I am not qualified as I did not work for 4 out of 6 years (I have less than 25 years in).

Just to be clear, there was never a time when you worked 4 of 6 years? Have you considered other ways to increase your contribution credits – credit splitting with former spouse or child rearing provision? Ask your lawyer to confirm.

[Elaine]

There are many posts like this on the forum where people discuss their litigations and how long it took them to settle. Just write words like “mediation” or “litigation” in the Search box and you’ll see a lot of posts.

You should ask your lawyer all those questions. He should know how long it all takes. He probably worked on many cases like this.

@jam1

Congratulations, that is great news. Did you have to go through mediation or things wrapped up after discovery?

Hey Jam1 - No I didn’t have to go through mediation and/or discovery. We had scheduled a meeting for last Monday for a Questioning/Discovery but over the weekend my Lawyer called me (we had met last Friday to go over what would happen in the Questioning meeting) to ask me if we wanted to just counter an offer they had made several months back (which was stupidly low and I ignored). Anyway - I agreed with the decision so instead of going thru a questioning we countered and went back and forth several times (I was not in the meeting room with them - only my lawyer was - he went back and forth from the meeting room to me in his office). The negotiation settled after about 3.5 hours. It’s not going to replace my income to 65 (11 years owing) by any means but I’m not unhappy with what I we settled for (we’ll see after legal costs, disbursements, taxes & GST). BTW - I signed a non-disclosure agreement to not talk about this (LOL).

What I’ve gone through with my insurer has exacerbated my disability and I can only feel that they’ve done this in the hopes I’ll become frustrated and give up. I have no intention of letting them off the hook at this point.

That was my attitude as well. Totally - and the stress on me was huge and showed on my followup medical exams. I actually thought that the next day after the settlement I would miraculously feel good with some of the stress relieved but to my dismay I have felt almost worse. Shouldn’t surprise me with all the things I suffer from but was still hopeful for some reprieve.

How long did the litigation take since you started it?

Elaine - It took me approx 11 months from start to finish. I consider that amazing. The settlement was liveable. It’s never going to cover 11 years of income replacement. More like 3. But if I don’t go into remission in the next few years I’ll have my pension to rely on.

[Elaine]

@joannemcdougall327

… need to be out of work to qualify for that – I’m still an employee with BMO, I’m not qualified for either ODSP and OW and I was warned that I may get charged with fraud if I keep attempting to obtain either one… they need to see a ROE showing that my position has been terminated without cause.

This doesn’t seem right. Make sure you confirm this in person at an ODSP office or call them.

You don’t need to live on the street.Toronto has so many good mental health facilities covered by OHIP. Can you ask your doctor to refer you to CAMH inpatient care or any other mental health rehab? You will be able to live there, receive treatment and all other things that you need. With diagnosis of schizophrenia you should qualify to stay in the hospital for a long period of time and receive treatment. It will give you some time to get better, think about what you need to do next.