Can I get anybodies input if you are in the similar situation. I am currently on LTD with the insurer. I have been approved for CPPD and the Disability Tax Credit. Due to my union environment at work and our collective agreement there is no option to hire a lawyer and sue the insurer if they ever cut you off. Has anybody gone through the grievance/arbitration process and having any insight or experiences they can share.
Thank you.
Get a copy of your union agreement and find specifically where it indicates that, just so that you can be sure it is correct. If that is correct, you have to find what IS the arbitration procedure if you are not allowed to sue the insurer in a Court … that is, if you and the Insurer disagree, what is the next step.
Like Meow said, it’s not automatic that you can’t sue because there is a collective agreement. It depends on the wording of the collective agreement. Your union should be able to tell you your options. A lawyer could review the collective agreement, but its now always 100% clear.
If it turns out your LTD is the exclusive jursidiction of the collective agreement, then you would follow the general arbitration and grievance process set out in the collective agreement. That process is spelled out with specific requirements, deadlines, etc. For that process you are usually required to have union representation (but not always).
Sometimes, the union and LTD plan will set up a separate process for LTD claims that is different than the general grievance process. If that is the case, then you very well may be able to use a private lawyer to represent you in that process. But only if it is separate from general grievance process under your collective agreement.
I hope this helps.
David Brannen
Disability Lawyer with Resolute Legal
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