LTD Harassment - What do I do?

Disability Insurance
1

I’ve been on private LTD (and CPPD) almost 3 years now for back issues and depression. CL. I’ve also recently applied for the disability tax credit with my doctor’s help, and I expect it to be approved.

My back issues are well documented over 10 years with multiple doctors and pain specialists - I’ve tried every possible treatment including surgery. Unquestionably I will be in pain and disabled for the rest of my life. In this way my LTD case is rock solid.

My depression is less documented because therapy is bloody expensive in Ontario. I’ve only been treated by my family doctor, we’ve tried 10+ anti-depressants over the past 10 years. I’ve also spoken with a few psychiatrists over the years to discuss different anti-depressants.

My LTD case worker has repeatedly told me after the 2 year mark they will contact me less and just check in with me once a year and I’ll be “rubber stamped” until 65. I’ve been waiting for this stamp so I can change cities and go live closer to family for more support - it’s a big move requiring a lot of planning and finding new doctors etc. I want to be on solid ground before I attempt it.

Well, that 2 year mark came and went, and I didn’t hear anything. They didn’t contact me for 6+ months and I thought I could relax and not have to deal with the constant threats every few months that they “are considering extending my benefits” always making me feel like it’s just temporary and I’m on thin ice.

Instead, they have recently contacted me out of the blue and are now asking me to do 6 virtual appointments over the next month to speak with psychologists and therapists at a 3rd party company. I googled the company; they specialize in getting people back to work and off LTD.

This makes me angry. Basically, they have put a gun to my head and want to make me spill my guts to multiple therapists in the hope they can disprove my depression. How can you do therapy with a gun to your head under duress? Even if they could disprove my depression (they cannot) I still have a rock solid LTD case for chronic back issues - so there is absolutely no point in doing this except to harass me.

If I had gotten to choose my own therapist who doesn’t report back to them everything I say, and LTD paid for it - that would be helpful and I’d welcome that. But I am super reluctant to talk to their 3rd party therapists and spill my guts and tell them all my darkest secrets when I know they do not have my best interests at heart.

Just the thought of all this makes my depression so much worse, it’s just unwanted STRESS.

How do I walk this line? How much of this harassment do I need to deal with? Do I have any options? Can I refuse this “therapy”? Should I get my family doctor to overrule them? Or should I co-operate fully?

I’d appreciate any thoughts people have on this subject.

2 Likes
2

I would start by consulting your doctor and letting them know what the insurance company is doing. I’d also write them and ask that prior to these appointments your doctor requires a clear outline of the purpose/goal of these six appointments. If it’s for treatment, have your docor request the specifics of the treatment to see if any of it is reasonable for your particular medical condition. I personally would never undergo any treatment unless my doctor gave it the ok.

3 Likes
3

For myself I would take a different approach and just view this as a hoop to be jumped through to preserve your LTD benefits. Although I would probably start by inquiring for more details about what the program is, what it involves, the names and qualifications of the people providing the services to you and how it is expected to benefit the main source of your disability, your back. It’s possible that when they realize that the depression is not your main ailment they may call off the program due to the expense. I would repeat all of those questions at the first session and for any new service provider and also inquire about and document the professional qualifications of the person involved and also what their professional ethical obligations are to you as a patient.

Document and report your participation and your symptoms as you go, including any time that your disability interferes with your ability to complete a part of the program. Best case scenario you may experience some improvements in your daily life even if it’s not enough to have a hope of getting you back to work. Participating and the program failing will also provide strong evidence to them that there’s no chance of improvement.

3 Likes
4

This is a common situation. I can’t say for sure, I expect your insurance company dropped the ball and meant to do these assessments BEFORE you got to the COD. That is why they are scrambling now to do them. I haven’t seen your LTD policy, but very likely they have a legal right to required you to do these assessments with professionals of their choosing. So, I agree with some of the comments that this is a hoop you need to jump throught. There isn’t likely an option for you to refuse to do it. A refusal could be a violation of the LTD policy - and that violation would in and of itself be grounds to stop your LTD. I recommend people go into these assessments in good faith with an open mind. I have seen these assessments go in favour of the disability claimant many times. I would not try to get your doctor to say you can’t go. Better to go and participate in good faith and then you can deal with the outcome. It is easier to fight a unfavourable report from an assessment like this than it is to fight a denial based on refusal to attend an insurer recommended assessment. I discuss this exact issue in my book (The Step by Step Guide to Winning your LTD Claim) it is mistake number 4 at page 119. You can download a free copy of my book here.

For what its worth – I also want to clarify that I don’t expect this is treatment per se, but is more likely an assessment. Treatment for the purpose of an assessment. This doesn’t change any of what I said above.

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 1-877-917-7050 to speak with a member with our disability claim support team.

6

(post deleted by author)

7

Thanks for the reply David (and everyone else), it is very appreciated.

I had my first of 6 forced meetings with the “health” company that LTD hired. I’ve learned what they are planning for me is very intense. It is 6 interviews via video call with various psychologists (and there may be 1 student watching for training purposes - which I must agree to), then they do “testing” - then a report to my LTD company and may suggest a treatment plan which may be for up to 6-8 months. My jaw dropped when they said that last part.

I have Googled this company and have only found stories of people saying it exists to help the LTD company cut people off. They have pure 1 star reviews on Google. Also, my case worker let it slip that they are paid $80,000 for this service. I strongly suspect they will give a biased report.

Being forced to spill my guts to multiple people I don’t trust makes me super depressed and violated. It’s giving me panic attacks - nothing good is coming from this as far as my health goes. It’s going to be really hard for me to grit my teeth and go along with it without expressing the anger I have for being forced to do this when I am in no condition for it physically or mentally. That is one aspect of it. The other aspect is there is no way I am accepting treatment from these vultures unless MY doctor makes the decision.

I feel like I am being bullied and may need my doctor to step in at some point (and maybe your services as well), it’s just a matter of when. I will meet with my doctor in a few days. You are saying to do the 6 virtual meetings and then see what happens, I will keep that in mind - thanks.

Super stressed!