# Most effective step after denial

**URL:** <https://forum.resolutelegal.ca/t/most-effective-step-after-denial/2635>\
**Category:** Disability Insurance\
**Created:** [February 25, 2020, 11:46pm UTC](https://forum.resolutelegal.ca/t/most-effective-step-after-denial/2635 "2020-02-25T23:46:38Z")\
**Posts on this page:** 9\
**Page:** 1

<div class="post-metadata">

**Author:** ![Wherewhenwhatwho](https://avatars.discourse-cdn.com/v4/letter/w/6bbea6/32.png) [@Wherewhenwhatwho](https://forum.resolutelegal.ca/u/Wherewhenwhatwho)\
**Post date:** [February 25, 2020, 11:46pm UTC](https://forum.resolutelegal.ca/t/most-effective-step-after-denial/2635/1 "2020-02-25T23:46:38Z")

</div>

In the documents I have from my employer and the insurance company, the give specific steps once someone who’s claim is denied.

**1)** There is a first appeal with the insurer/Case Manager

**2)** There is a second level of appeal, still with the insurer/Disability appeals team

**3)** Then there is a review by the DI plan board of management (employer+union)

**4)** I’m also able to make a complaint directly with the insurer’s ombudsman

It never ends…

**5)** Finally, while it is not included in the documents I was provided, I believe there is also the option of filing a complaint with the OmbudService for Life and Health insurance.

> **[Submit a Complaint | OLHI - Free, impartial help with your life & health...](https://olhi.ca/complaints/submit-a-complaint/)**
>
> Submit a Complaint Please respond to the questions below before submitting your complaint:

Not much information about timelines and delays. Obviously following all of these steps could easily take many many months. Meanwhile I still have no income. I’m assuming I don’t **have to** go through each steps…

**6)** Of course there is also the legal route, whether through small claims court (which has a max amount I can claim).

**7)** There is also court, which is not really possible when you’ve been without income for almost 6 months.

What do most people choose to do? Any recommendations?

---

<div class="post-metadata">

**Author:** ![Caro](https://avatars.discourse-cdn.com/v4/letter/c/b19c9b/32.png) [@Caro](https://forum.resolutelegal.ca/u/Caro)\
**Post date:** [February 26, 2020, 3:42am UTC](https://forum.resolutelegal.ca/t/most-effective-step-after-denial/2635/2 "2020-02-26T03:42:17Z")

</div>

Unless you are very close to retirement age I think small claims would be a mistake, because you have to abandon the rest of your claim. Have you looked through David’s guides in his blog?

---

<div class="post-metadata">

**Author:** ![Wherewhenwhatwho](https://avatars.discourse-cdn.com/v4/letter/w/6bbea6/32.png) [@Wherewhenwhatwho](https://forum.resolutelegal.ca/u/Wherewhenwhatwho)\
**Post date:** [February 26, 2020, 8:16am UTC](https://forum.resolutelegal.ca/t/most-effective-step-after-denial/2635/3 "2020-02-26T08:16:37Z")

</div>

I haven’t seen the blog, do you have a link?

I get a lot of information here, but I’m in Québec and we have a different legal system (code civil) than the rest of Canada (common law).

Some things are similar but in this case, I guess it’s different. It is possible to make consecutive claims for specific periods of time, maximum $15 000 per claim.

So if I was owed $3000/month, I could file a claim for 5 months. Then I could file another 5 months later.

I highly doubt I’m going to take that route. I don’t have the energy for what it entails, I’m barely functioning.

---

<div class="post-metadata">

**Author:** ![Caro](https://avatars.discourse-cdn.com/v4/letter/c/b19c9b/32.png) [@Caro](https://forum.resolutelegal.ca/u/Caro)\
**Post date:** [February 26, 2020, 4:45pm UTC](https://forum.resolutelegal.ca/t/most-effective-step-after-denial/2635/4 "2020-02-26T16:45:46Z")

</div>

Here it is [Blog - Resolute Legal Disability Lawyers](https://www.resolutelegal.ca/blog) it is full of great information. I hope some of it helps you in your situation.

---

<div class="post-metadata">

**Author:** ![Wherewhenwhatwho](https://avatars.discourse-cdn.com/v4/letter/w/6bbea6/32.png) [@Wherewhenwhatwho](https://forum.resolutelegal.ca/u/Wherewhenwhatwho)\
**Post date:** [February 26, 2020, 5:04pm UTC](https://forum.resolutelegal.ca/t/most-effective-step-after-denial/2635/5 "2020-02-26T17:04:44Z")

</div>

I’m pretty much convinced that it’s pointless to appeal and that my best option is to get a lawyer. I’ve started the process of finding one.

From what I understand and have read, I think they would probably have a difficult time convincing a judge that my claim should be denied. It’s complex and my only chance at having my claim being evaluated fairly. I’m just worried about how much it will cost. Anyway, I think the internal appeals would be a waste of time. I’m glad I’ve made my decision.

---

<div class="post-metadata">

**Author:** ![Elaine](https://avatars.discourse-cdn.com/v4/letter/e/439d5e/32.png) [@Elaine](https://forum.resolutelegal.ca/u/Elaine)\
**Post date:** [February 27, 2020, 2:13am UTC](https://forum.resolutelegal.ca/t/most-effective-step-after-denial/2635/6 "2020-02-27T02:13:50Z")

</div>

> [@Wherewhenwhatwho](#):
>
> I’m just worried about how much it will cost.

Not sure about Quebec but most lawyers in other provinces work on a contingency basis. They only charge a percentage of the insurance payment that you receive.

---

<div class="post-metadata">

**Author:** ![TryToSmile](https://avatars.discourse-cdn.com/v4/letter/t/50afbb/32.png) [@TryToSmile](https://forum.resolutelegal.ca/u/TryToSmile)\
**Post date:** [March 2, 2020, 9:49pm UTC](https://forum.resolutelegal.ca/t/most-effective-step-after-denial/2635/7 "2020-03-02T21:49:19Z")

</div>

Often when they know they have little recourse they will try and beat you down mentally and financially until you give up. [https://www.amazon.ca/Delay-Deny-Defend-Insurance-Companies/dp/1591843154](https://www.amazon.ca/Delay-Deny-Defend-Insurance-Companies/dp/1591843154)

Been on this road myself and know.

Get a lawyer at this stage is my recommendation. Regularly see your doctors and add to your documentation.

---

<div class="post-metadata">

**Author:** ![MarilynM](https://avatars.discourse-cdn.com/v4/letter/m/49beb7/32.png) [@MarilynM](https://forum.resolutelegal.ca/u/MarilynM)\
**Post date:** [March 3, 2020, 9:47am UTC](https://forum.resolutelegal.ca/t/most-effective-step-after-denial/2635/8 "2020-03-03T09:47:11Z")

</div>

I would consult with a lawyer. Depending on your age, having a benefits claim until 65 is better than having a small claims court ordeal with a small lump sum.  
It may just be the opportunity of having a lawyer put together a letter of appeal with the supporting documentation.

You should also apply for CPPD if you meet the application requirements.

---

<div class="post-metadata">

**Author:** ![Elaine](https://avatars.discourse-cdn.com/v4/letter/e/439d5e/32.png) [@Elaine](https://forum.resolutelegal.ca/u/Elaine)\
**Post date:** [March 4, 2020, 4:04am UTC](https://forum.resolutelegal.ca/t/most-effective-step-after-denial/2635/9 "2020-03-04T04:04:01Z")

</div>

> [@MarilynM](#):
>
> You should also apply for CPPD if you meet the application requirements.

The CPP operates throughout Canada, except in Quebec, where the Quebec Pension Plan ( QPP ) provides similar benefits.
