Lump-sum Settlement and CPPD


#1

Hello David,
Reading through posts I understand that you strongly suggest not to go for a lump-sum settlement on an approved LTD claim.
My first question is, if it comes down to litigation, will the pre CPPD amount be used in negotiating settlement (the amount the insurance originally paid prior to CPPD approval) or will the new deducted amount be the only number on the table?
Second, my policy also has AD&D benefits and life insurance (premiums for which have been waived) How do these come into the calculation?
Thank you for your time and advise, much appreciated.


#2

I like giving my opinion on everything. :slight_smile:
I assume you’re suing because you were cut off LTD and you think the insurance company will offer to settle to make you go away.
I would sue to get LTD back, not to settle.
It seems the insurance company will use the post CPP-D amount in any settlement since that is what they would pay if your LTD was continued.

I think AD&D and life insurance is part of your group plan and therefore contingent on your employment which ends when LTD ends so I doubt the insurance company will consider that.
I have no idea.

It seems to me that if you consider a settlement, you would consider that with your lawyer at the time it is offered.
You know how much a settlement should be to be worth it to you.


#3

Past and future CPP offsets are just factored into any settlement negotiations. So, if you still owe them a CPP back payments, we would simply factor that in to any settlement offers by subtracting it out. Any calculations of value of future LTD benefits are based on the Net (after CPP deducted amount).

AD&D payments are normally never included as an offset, but like everything else, you need to check your own policy to confirm this is how it would work in your situation.


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 reliabile 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._strong text


#4

Thank you very much for your response and thank you for the brilliant forum you gave us.
Much appreciated!


#5

You are welcome, but its the the active members who make this place special. This forum has vastly exceeded all my expectations. I wanted this to be a true supportive community and not simply a lawyer Q & A website. People who have experienced and are experiencing the disability claim process themselves have insights and advice that no lawyer can give. Many lawyers and others in the system can get too comfortable with the status quo, so it is important to welcome many points of view.


#6

Yes, the forum is indeed not a lawyer Q&A but instead real life experience shared by so many wonderful supporters like allyoops,jammer, elaine and so many others in addition to the professional advise from you. Thank you all for this truly unique forum.