# LTD case being mishandled, considering legal action **URL:** \ **Category:** Uncategorized\ **Created:** [September 29, 2026, 10:48pm UTC](https://forum.resolutelegal.ca/t/ltd-case-being-mishandled-considering-legal-action/5673 "2026-09-29T22:48:40Z")\ **Posts on this page:** 2\ **Page:** 1
**Author:** ![SusanH](https://avatars.discourse-cdn.com/v4/letter/s/bc8723/32.png) [@SusanH](https://forum.resolutelegal.ca/u/SusanH)\ **Post date:** [September 29, 2026, 10:48pm UTC](https://forum.resolutelegal.ca/t/ltd-case-being-mishandled-considering-legal-action/5673/1 "2026-09-29T22:48:40Z")
Hello everyone, I’ve posted in the past and sad to say the stress of dealing with LTD has gotten worse and not better. I am at the end of my rope and finally considering taking legal action. I have received my internal file from Sunlife and it is more apparent than ever that my case is being grossly mishandled. - I had an early COD denial 7 months in advance of the 2 year mark, followed by an interview where my insurers own rehab assessor said I wasn’t able to rehab back to work at this point. - I’m on a mental health claim and despite my file including an assessment of my documents by their own Psychiatrist who recommended I be sent for a third party Psychiatric assessment before the COD, my case worker sent me to an OT. Despite in their own report stating my issues were outside their scope, my case worker used their results of their assessment to immediately send me a denial of COD. - My denial also included a completely false statement that my doctor stated I could return to work, it absolutely does not and they have never said this. - During the appeals process my appeals case worker keeps moving the goal post. I was send an email stating the items they needed to process the appeal and I gave it to them and more. This includes documents from 9 separate doctors and specialists all stating I cannot work at any occupation. - After a month of radio silence I check in and am told 5-10 business days and I would have a decision. My therapist then attempted to contact the case worker, which they wouldn’t answer and the next day I’m sent another email requesting that they _now_ want me to see a third party Psychiatrist. This was never once communicated to me as a requirement of the appeals process and has already gone over the 10 business days without any contact to even set this up. - Both case workers have evaded contact my my therapist, both telling me I don’t have the correct form filled out for them to speak to her. After pressing the issue the appeals worker then tells me there is no form. Even though I’ve sent in various forms trying to get them to accept one, they said to write something on a piece of paper. I oblige, and they are still not taking her calls. - At this point I may need to hire a lawyer. Both to deal with my change of definition denial but also their actions and negligence have worsened my condition considerably. This has been well documented and sent to them by multiple specialists. Does anyone have experience going legal in this particular situation, such as seeking damages / emotional distress etc? Most information I’ve read about is simply suing the insurer to win your appeal. Thank you for any information ❤ ---
**Author:** ![anonymous1](https://avatars.discourse-cdn.com/v4/letter/a/77aa72/32.png) [@anonymous1](https://forum.resolutelegal.ca/u/anonymous1)\ **Post date:** [September 30, 2026, 12:07pm UTC](https://forum.resolutelegal.ca/t/ltd-case-being-mishandled-considering-legal-action/5673/2 "2026-09-30T12:07:58Z")
I’m sorry to hear what you’re going through. I have been told I am pretty, erm, matter of fact, so I will apologize in advance if I’m sounding more clinical than I want to be! I would recommend the following steps 1. Financially - figure out if you can afford a lawsuit. If you can go out of pocket, or to leverage a HELOC or whatever, this may be the preferred option. If the case doesn’t go to trial, I would park around $30-$50K aside. 2. If you cannot fund out of pocket, 99% of disability lawyers will take you on on a contingency fee. They prefer this, because 25-33% of the total payout is $$$$$$ to them. But - if you have a weak case, most lawyers will tell you that and not take you on (they do want to get paid after all). You can negotiate on the contingency fee!!! Don’t just accept whatever they give you 3. Find a lawyer that you like, and get along with. Look them up on CanLii to see if they have trial experience (most do not as most cases settle prior to trial). 4. Figure out your gross value. For example, if your payment is $3000 a month and you have 25 years to go to age 65, that’s very different than $300/month with 2 years remaining. It’ll give you a sense of if you want to go contingency or not 5. Find a lawyer that you connect with. This will take oodles of time. Don’t default to large law firms. I found a few lawyers that I got along with 6. Let them figure out what to sue for. Suing for punitive damages, aggravated damages, etc is quite normal. Baker vs Blue Cross was a fun case that set the precedence with bad insurer behaviour I wouldn’t bother wasting time anymore with appeals. Just sue, file the Statement of Claim in Kitchener (vs Sunlife), as that will also avoid mandatory mediation when suing in Toronto which just adds time and money and yields like, no value. (I’m being cynical). If I had a very large case, I’d hire the guy who sued Blue Cross and won. If I didn’t, I probably would hire someone who is a good human being rather than a hot shot lawyer. The law is the law, after all