Thank you, David. You are very kind to respond to my post. I will not air any further information. Thank you for that too. I will await to hear my lawyer’s response to my concerns via email as it is quite frankly the only way I can keep it straight. If I still have concerns I may seek your services if that is okay.
I was hoping with finally winning WCB that everything would be over. LTD law suit would stop and WCB would kick in, but it is never that easy eh. There is still so much to consider about LTD and a great deal of paperwork with WCB after 3.5 years. I am glad to get covered but trying to get all the expenses together after 3.5 years is a job in itself. Not complaining though, just explaining. It will be good to be reimbursed for those costs. These insurance companies just wear a person down.
Good Luck, Keep in mind that LTD will only be offset for as long as WCB is actually being paid. Don’t assume because your WCB was approved that it will be approved indefinitely going forward. If WCB ever stopped payments, then your right to LTD would still be there and the LTD payment would kick in. However, this can only happen if you continue to fight for LTD entitlement now via your lawsuit. This may be what your lawyers are fighting for. There is a value to you have an approved LTD claim even if you are not receiving any payments because of offsets right now. An approval of LTD creates a risk of future claim liability for the LTD insurer, even if they don’t have to pay anything right now. This risk of future liability creates a possible settlement value for the LTD case. These are all things to discuss with your lawyers.
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.
Thanks again David. Yeah, I know WCB could cut me off at any time and I am kind of expecting it. Are you saying LTD could approve coverage but not pay, until WCB stops and LTD would pay automatically without me applying for and fighting them again. WCB would be kind of like the first payer? Otherwise to get LTD reinstated would mean just 2 years of coverage left so not much value and I am afraid I would wind up having to fight them again. I suppose with any agreement I will have to sign a disclosure statement too.
The LTD and WCB are separate. If you win approval / entitlement for both, LTD usually does have to pay because of the WCB offset. However, if the WCB payments stop, or the payment amount is reduced, your LTD payment will kick back in to the extent they are not offset by any WCB. However, you need to win the entitlement to LTD now, you can’t wait and fight it at a later date.
I guess best case scenario is to get coverage for LTD reinstated whether I ever use it or not. I sent an email off to the lawyer about negotiating reinstatement of LTD. Hopefully, LTD will reinstate as I see it as the only option that would benefit me at this point.
Thank you, David for making sense out of all of this for me. I feel much more informed and better from having talked with you. If I could turn back the clock and had seen this forum before hiring a lawyer, you would be my lawyer today. I will highly recommend you to anyone facing ltd suits.
Yes, WCB can go to 65, but because my diagnosis changed after the appeal process and before the tribunal hearing (this is when WCB won’t accept new information), I have my doubts they will accept the new diagnosis as work related. I hope WCB continues though but I am prepared if it doesn’t. I can make it now financially. Holly Smokes it feels good to have money coming in. Mentally, I feel so much better, and it does help you physically too because you rest more and worry less. I wish everyone the process was easier and fairer, people just shouldn’t have to suffer and work so hard to get what is owed them.
