Is the Fabian Strategy, to beat down claimants constitutional, or harassment?


#1

From your blog,

'The Fabian Strategy is a famous military tactic, which is used to defeat an enemy by wearing them down over time, rather than facing them in direct battle. When the Fabian Strategy is used successfully, the enemy eventually gives up or is defeated because of lack of resources, frustration, or loss of morale. This tactic is named after the Roman general Fabius Maximus who used this strategy to defeat Hannibal.

Internal appeals are an example of the insurance company using the Fabian Strategy against you. If you accept that internal appeals are nothing more than a delaying tactic, then it is easy to see how effective this strategy is for insurance companies. A delay of several months or a year does not hurt the insurance company. They have more money than Lando Callrissian; however, you likely have very limited financial resources, especially if you cannot work.

After several months of no income, you will be in a much weaker position to start a lawsuit against the insurance company. You are now emotionally drained and lack morale. Out of desperation, you are now more likely to accept settlement terms that are more favorable to the insurance company. Unfortunately, an insurance company can use the Fabian Strategy against you with great success.’

Personally, I have experienced this three times now. The first was after a serious car accident, when I was seeking medical benefits from my insurer, I was hit by a tractor trailer tanker that was carrying gasoline almost head on, my car was destroyed, and I suffered PTSD and physical injuries. The constant request for assessments and approvals, eventually led to me giving up and closing the benefits part.

The tort side in suing the insurance company for loss of income, pain and suffering, etc. has been just as difficult, I am 10 years into this part, having gone through settlement court, mediation, and dealing with issues along the way. We are now submitting for trial.

All along the way, I have sought therapy and rehabilitation and worked at it. Recently, I had to take leave from my job due to a return of panic attacks and anxiety.

So now, I am seeking short term disability for this leave. I have sent two letters from my personal physician plus their Attending Physician statement, plus two letters from my Psychologist. All rejected in the second appeal. I just sent an Intent to Appeal a third time, but I have little new to offer. I have tried to get into see a Psychiatrist also, however, they are full, most not even taking appointments.

We all know that on the other side their professionals are not objective, and their assessors are not objective, as these following articles touch on, but the fight needs to be expedited into the media, especially if there is a constitutional issue or harassment argument. I am currently reaching out to class action lawyers, as well as media.

These mostly deal with car accidents, however the issues cross over to STD and LTD from work related injuries, etc.

http://www.lawtimesnews.com/article/trial-lawyers-association-calls-for-inquiry-12452/

All comments on the class action or complaint side appreciated from you law firm.

All comments from others on their own situations appreciated also.


#2

The Insurer game is simply to DELAY, DENY, DEFEND. If you add a claim for bad faith against them–then expect a war.

Lawyers and the court understand this game very well. As plaintiffs we are shocked at the game and how far Insurers can and will go to not pay a claim they know is valid.

If you start talking Fabian strategy and constitutional issues then the Insurer will exploit that against you. To grab the media attention you need to keep it simple. I paid for insurance to protect me and instead of paying the Insurer is playing games so as not to pay.

Really it is the regulators, governments and courts that need to step up with more regulation, fines and substantial damages for Insurer bad faith practices.

The Insurance Industry has powerful lobbyists and organizations to flood the media with reports of fraud and fakers that drive up the cost of Insurance. So effective is this action that anyone who makes a disability or Insurance claim will feel the bias and stigmatization from others.

Concrete stories from people who have experienced Insurer bad faith and delay, deny and defend strategies in the media would be helpful to the next person.

If everyone would lawyer up and fight back that too would send a message.

My advice, stick to to simple facts, tell your story–leave out the Fabian strategy and constitutional issues.


#3

What happens after a ‘third level’ of appeal if turned down for STD? Is it final?


#4

What do you need to take over my claim?


#5

I am not a lawyer. You can access a free consult at https://resolutelegal.ca/free-consultation/

Yes 3rd appeal is final usually with the Insurer–but it might be better to just sue them. Please look into sickness EI and apply as soon as you can if you have enough work qualifying hours. Put the application in today and then get to your Dr. to fill out the sickness form and forward. If you win your appeal or get a back pay from your claim you can then pay EI back. If not at least you would have some funds coming in.

But given you have talked about their strategy to deny–very often the appeal process is just an opportunity to deny you and make the claim file look like they acted in good faith.

Make sure you request a complete copy of your claim file from your Insurer.


#6

Thank you for sharing your experience, and I am sorry you have had to deal with multiple claims and lawsuits. I have moderated my views since writing that article, based on my experience in hundreds of cases and speaking with thousands of people re their disability appeals.

I would say that the Fabien strategy is at work to some degree in all disability claims, but it is a matter of degree. Some people will be put through the wringer like you, but others will have claims approved. Often it is possible to win appeals early on with the right information.

What is most important is to identify when you are in a Fabien situation where there is really no possibility the insurance company will approve your appeal. Either for legitimate reasons on their part or because they have taken a unfair position of denial. That is the most difficult conversation I have with people, because they want to hold out hope and avoid lawsuits.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.


#7

Thanks David,

I am at the 8th week of STD.

I will see what happens here with STD 3rd appeal.

I have the LTD forms. I am not sure how long I will be off.

I have anxiety issues and panic attacks.

I do not have a union. I work for a large financial institution.

I see a psychologist, however, I need to see a Psychiatrist for an assessment, and the waiting list is 6 months plus in NL.

Will get back to you after this.

Appreciate all the feedback!

Regards,


#8

TrytoSmile–this is a public forum so go in and remove your employer from the message

I sent you a private message


#9

I am familiar with your situation because it is a very common phenomenon right now across Canada for this same institution and insurer (i.e., multiple STD denials). We have a very specific process for these cases and don’t hesitate to reach out to us privately once you have done your last appeal.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.


#10

Yes, this is a good reminder. I strongly urge people to not use names of insurance companies or employers whenever possible. This is a pubic forum and we have to assume it is monitored by insurance company people.

I also ask that people not call out specific doctors, lawyers or law firms etc with negative comments. Even thought they may deserve it, we can’t tell what comments are valid vs. malicious and it can lead to defamation lawsuits of which I want no part! This forum allows people to contact each other privately, so I suggest you do that if you want to share specific details or negative comments about a specific person or company.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.


#11

Thank you, all names removed.


#12

Can the board software be configured to automatically replace some words like common insurance companies, swear words, etc?


#13

some swear words do get flagged automatically. I don’t want to go so far as to ban the use of specific insurer names or employer names. Its just that people should exercise caution not to (unknowingly) identify themselves or to make potentially defamatory statements about individuals or companies.


#14

If there is a law action and the insurer suspects the person is online somewhere can they make the person disclose their online identity?


#15

No, not in a general sense. If you were involved in a disability claim lawsuit with that insurer, then you would have an obligation to disclose to them any online identities, etc. If they though you were lying they could seek a subpoena or court order to force the online forum or business to disclose your identifying information. Again, these subpoenas and court orders really can only happen in the contact of a civil litigation involving all the people involved or if the context of a criminal investigation. For example, it is common for police to get court orders for online companies and websites to disclose identifying information.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.