When last resort is law suit


#1

If and when I person is denied their benefits how long does it take on average for a case to get throw the courts and how does the process work?seem to me that all long disability cases are going to be denied at some time that burden of proof is on the one that is disablitied that the insurance industry is corrupt and are about profit and greed.That they say they care are truly concerned about your medical well being when then only care about the profit of their company .The human suffering that happening when people have falling into medical crisis realy has no merit ! profit and yearly bonus to their employees that have the highest denial rate.It truly saddens me that these things can be happening to people like my self and so many other when we put faith in a system that is truly flawed !! when over many year we payed these company to protect us in medical crisis that is serve and prolonged. That some day that they even will face the same medical deamons we are facing on their own term because no one can escape the human body to fail eventually for every person and may god be mercyful on them!?


#2

The moment I received the phone call with the denial of my claim I hired a lawyer and filed a suit. My experience with the insurance company was not a pleasant one, You can appeal but unless you’re on deaths door they will continue to deny your claim. Their game is to drag it out to the point where you reach the limitation period where you can no longer use legal means to resolve your claim. I would suggest you get a free consult immediately, you have nothing to lose by doing so.


#3

Filing a lawsuit is a form of appeal. It is different than the internal appeal with the insurance company because the rules of court apply and the final decision-maker will be a judge or jury. The process works like this. You file a lawsuit. Serve it on the insurance company. Exchange documents. Each side can interview the other under oath. You get any final reports from your doctors. You have to be examined by their doctor. You do the trial and get a final decision. During that process there can be back-and-forth negotiations to settle the claim out of court – either on a one-time lump sum basis or for the insurance company to approve or re-start monthly payments. Once you start the lawsuit, the time to have a successful resolution of the appeal can vary from a few months to two years. The things that cause delays are how slow / fast your lawyer gets things done he or she can control. There can be major differences here between lawyers. The second factor is how fast the opposing lawyer can get things done that they control – no matter how fast your lawyer is, a slow opposing lawyer can really slow things down. If your case had to go to a trial, the court can play a role in delays in that they often schedule trials twelve or more months into the future.


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.


Pros and Cons of Mediation?
#4

Just wonder what a payed consult entails ? Reside in ont that maybe having a talk with a representive from firm will give me some stress relief !!?


#5

https://resolutelegal.ca/services/pricing/ I believe David and Resolute can be hired for Ontario as well.

Lots of lawyers offer a free 30 minutes–but there are a lot of lawyers that say they specialize in disability but handle very few disability cases. Be careful and do your homework when seeking legal advice–not all are equal

https://resolutelegal.ca/services/long-term-disability-insurance-claim-services/disability-claim-lawsuit/


#6

Thank u for the input about how to get an consult from resolute lawyers I’ve yet to be denied from my insurance company and have been approved for Cppd it been close to three year that I’ve been on but feel that they are try to push me to some form of work or that they may try and deny my claim in the near furture and maybe I’m been pariode but I here the horror story here and other on line am preparing myself! Like so many other I feel that they are not considering the whole picture of my disability and how it affects me on daily basic but are only trying to profit from not have to pay me for 15 year period when I will only turn 50 this year!!!
when I feel that my disability would not allow for any form of work !!! That my medical conditions are on going and continually a problem .Have no lower bowel and have ileostomy maybe more then 50% of loss as well as having my anus remove and resently found out that I have a pinched nerve and deteriated disc and as well as having vascular issue that reguire me to wear comprehension stocking for 12 hours a day !may reguire surgery in the near future to my legs ,am dealing with fatigue and am sleep deprived because of certain aspect of my many medical problems .Some day my back and legs are so sore that I’ve developed a limp the pain is constant☹️.Like many other would think it would be cut and dry and trust that the insurance company was there for times when you fall in to this medical crisis! Now know the truth and feel the constant pressure to prove that I am truly ,disabled and feel like there not going to let up and let me live in peace and manage what years of life I may have left with out worrying what they demand of me next when I’m just trying to get throw one day at a time and find that is a difficult task when your always worrying what kind of step their going to take to under mind the system that we paid into to protect us finically in time of medical need!!! Sorry probable rambling but it like being under house arrest don’t get out that much if at all. Please inform if I’m not use this forum in it right context that I’m not breaking any rules


#7

You are wonderful and a great addition to the forum! I am sorry you are going through struggling and difficult health issues. Not all insurers are bad. Your issues sounds like they should leave you alone. However, if you get a offer for rehab or an activity form your claim is under scrutiny.

Don’t worry about being cut off. Worry is a waste of time. You will be OK and you will handle all that is tossed at you.
Get a journal or notebook and find 3 things to be thankful each day…trust me–it will help :slight_smile:

PS-if you have the support of a spouse you are blessed. Many do not


#8

Happy 50th.
Me too. :slight_smile:

Great advice.
Worry saps your strength.


#9

Happy 50th-me too in May


#10

So true about the worry apart i know it not healthy!!! Their a saying that I have, goes life isnt prejudice it just the way it is!!! I’ve believe ive alway aimed to be an honest man, followed the rules. when I was working before this all happened was an honest employee, work hard because it was just what you did and was taught!!! ever thing is is about protecting my family and giving them the three basics twe all need food, shelter, and clothes and beening medically ill can compromised that!!! I know that in this life we own nothing because it just a temperary journey we are all on .That are home are but brick and mortar that the people that in are life’s are what’s matter and I am loved, great wife, great kids.Thier days when are lifes gleefully dancing around us and that you just wanted to dance too and you just can’t and excepting that is the hard part .Pain can mess you up in the worse way!!! Yet life it goes on the best it can!! That it could be a lot worse!!, I know this forum is probable more about getting legal advise and how they can help and that is positive, gives real insight to how it is and what can possible be done about it ! Just venting, know that thier are many people in this situation that don’t know where to turn legally ,emotionally and just want an ear from somebody that understand what it like to go throw this and what can done in the legal sense. When I received his book and news letters and seen his videos thought wow this is a lawyer that goes the distant!! May be beening an occupational therapist at one time has giving him insight to what people have gone throw when having a disability. That yes you need some one that no the in and outs about disability law that is well practised in it!, You don’t go to your tax guy to get a hair cut he might know something about cutting hair but should do taxes that what he knows.Might come out with only half a haircut !!! The thing is that there will be a day that ever one may have to deal with some kind of medical crisis and insurance is good thing but the insurance companies have to be honest and provide the service with all honesty that is what is expected but not always happening The abuses that are happening the insurance industry is alarming and they don’t care it a billion dollar industry and I just want to get what I paid into for the porpuse I payed into insurance to protect me and work for me not a against me!!


#11

I know exactly what you mean.
I try not to think of stuff I used to do but can’t do anymore.
It is very depressing when I can’t help thinking about the past.


#12

Yes you are expressing some of the same frustrations I (and I’m sure many others) have felt - first in dealing with the illness and then being surprised to learn that there are mountains to climb just to get access to the insurance I thought I was paying for all those years. Finding David’s firm with all the resources he provides like this forum was a huge relief in just figuring out where I was in the maze.


#13

You have expressed the same sentiments we all share about the insurance companies. Same frustration with life’s challenges.
I stumbled on David’s web page and called for a consultation. David was amazing, knowledgeable and compassionate. I think his past career helps home be empathetic towards people like you and me and the rest of the group.
I have wanted to meet with out PM when he was in town but because a recent surgery was un able. I think it’s time the community new exactly what happens when they think they are entitled to LTD and it’s not a given. Good luck with LTD all Davis suggestion helped me obtain LTD. I was told (not by David) if you are approved by CPPD the odd are good LTD will follow as its hard for them to give a denial to the claimant. Good luck I wish you all the best. We all know the stress involved and it’s hard to say don’t stress but it’s truly counter productive to your health.


#14

Aprilbrown https://forum.resolutelegal.ca/u/aprilbrown
March 8

You have expressed the same sentiments we all share about the insurance
companies. Same frustration with life’s challenges.
I stumbled on David’s web page and called for a consultation. David was
amazing, knowledgeable and compassionate. I think his past career helps
home be empathetic towards people like you and me and the rest of the group.
I have wanted to meet with out PM when he was in town but because a recent
surgery was un able. I think it’s time the community new exactly what
happens when they think they are entitled to LTD and it’s not a given. Good
luck with LTD all Davis suggestion helped me obtain LTD. I was told (not by
David) if you are approved by CPPD the odd are good LTD will follow as its
hard for them to give a denial to the claimant. Good luck I wish you all
the best. We all know the stress involved and it’s hard to say don’t stress
but it’s truly counter productive to your health.

Visit Topic
https://forum.resolutelegal.ca/t/when-last-resort-is-law-suit/1109/13
or reply to this email to respond.

Previous Replies
Erin https://forum.resolutelegal.ca/u/erin
March 6

Yes you are expressing some of the same frustrations I (and I’m sure many
others) have felt - first in dealing with the illness and then being
surprised to learn that there are mountains to climb just to get access to
the insurance I thought I was paying for all those years. Finding David’s
firm with all the resources he provides like this forum was a huge relief
in just figuring out where I was in the maze.
jammer https://forum.resolutelegal.ca/u/jammer
March 6

Sick:

you just wanted to dance too and you just can’t and excepting that is the
hard part

I know exactly what you mean.
I try not to think of stuff I used to do but can’t do anymore.
It is very depressing when I can’t help thinking about the past.
Sick https://forum.resolutelegal.ca/u/sick
March 6

So true about the worry apart i know it not healthy!!! Their a saying that
I have, goes life isnt prejudice it just the way it is!!! I’ve believe ive
alway aimed to be an honest man, followed the rules. when I was working
before this all happened was an honest employee, work hard because it was
just what you did and was taught!!! ever thing is is about protecting my
family and giving them the three basics twe all need food, shelter, and
clothes and beening medically ill can compromised that!!! I know that in
this life we own nothing because it just a temperary journey we are all on
.That are home are but brick and mortar that the people that in are life’s
are what’s matter and I am loved, great wife, great kids.Thier days when
are lifes gleefully dancing around us and that you just wanted to dance too
and you just can’t and excepting that is the hard part .Pain can mess you
up in the worse way!!! Yet life it goes on the best it can!! That it could
be a lot worse!!, I know this forum is probable more about getting legal
advise and how they can help and that is positive, gives real insight to
how it is and what can possible be done about it ! Just venting, know that
thier are many people in this situation that don’t know where to turn
legally ,emotionally and just want an ear from somebody that understand
what it like to go throw this and what can done in the legal sense. When I
received his book and news letters and seen his videos thought wow this is
a lawyer that goes the distant!! May be beening an occupational therapist
at one time has giving him insight to what people have gone throw when
having a disability. That yes you need some one that no the in and outs
about disability law that is well practised in it!, You don’t go to your
tax guy to get a hair cut he might know something about cutting hair but
should do taxes that what he knows.Might come out with only half a haircut
!!! The thing is that there will be a day that ever one may have to deal
with some kind of medical crisis and insurance is good thing but the
insurance companies have to be honest and provide the service with all
honesty that is what is expected but not always happening The abuses that
are happening the insurance industry is alarming and they don’t care it a
billion dollar industry and I just want to get what I paid into for the
porpuse I payed into insurance to protect me and work for me not a against
me!!
allyoops https://forum.resolutelegal.ca/u/allyoops
March 3

jammer:

Happy 50th.

Me too. [image: :slight_smile:]

Happy 50th-me too in May
jammer https://forum.resolutelegal.ca/u/jammer
March 3

Sick:

I will only turn 50 this year!!!

Happy 50th.
Me too. [image: :slight_smile:]

allyoops:

Don’t worry about being cut off. Worry is a waste of time. You will be OK
and you will handle all that is tossed at you.

Great advice.
Worry saps your strength.

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#15

The book( A New Earth by Eckart tolle )may help!!? Everything seems over welheming but we worry about the past and and we worry about the future and what has not happened yet and we need to live in the moment because that all we ever have! It can be hard to practise when physical pain is involved!!! When it comes down to it that can be a great barrier ,the pain And as well as the mind dealing with the pain(ego)! What ever the universe has planned for us will happen we don’t have a lot of say in it but it doesn’t mean we have to role over and die what we can control we will what we can’t we won’t!!! No one wants conflict and peace is hard to come by when dealing with what many have Had to experience when it comes to illness and all other aspects of it! compassionate about it from one human to another because their are people who are just starting their journey into this where some of us are more seasoned about this matter!! Even with the support of are family thier are days where you can feel so alone in it! Happy to have come across this site! Happy that David had the insite to create it because any hope is better then no hope! There are articals in here that you can say yes I’m dealing with that or I have experience that ,so much insight and maybe not so alone after all! Just a great resource for people in these different situation but similar!


#16

Anyone that’s belongs to this forum. Feels your struggles