I’ve had a Physiatry assessment ordered. LTIP has not been paid after 16 months off without pay. The financial expense has been crippling. Getting anxious that anything will make a difference to insurance company at this point.
LTIP is LTD?
I would get a lawyer after 16 months.
Did they deny your initial claim for LTD and your appeals?
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A few questions to you before I can comment fairly.
Are you unionized and is your long term income protection part of the union contract? In other words can you sue or are you bound to grievance and arbitration?
Have you a copy of your complete claim file? How about the master contract?
Is this an assessment for treatment or is this an independent assessment with questions to be answered from the Insurer?
My deep concern is that you are at 16 months and may only have 8 months to sue. If your Insurer is still denying your claim then odds are the assessment is to lower their litigation risk or to maybe say you are disabled from your own occupation but you could do another job.
Being anxious is normal and justified. Please take a few deep breaths and do not take these tactics personally. You must review your medical history prior and cooperate fully and truthfully. My approach has always been to convince myself and my spouse prior to the appointment that the Doctor is there to help us and treat the Doctor with great respect. I mean there is always a chance that the Doctor may end up on your side…maybe…just act like he or she is there to help.
If you are able to file a legal claim…I would be seriously getting a lawyer to review your claim or to represent you.
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I share the other commenters’ concerns that 16 months is way to long to wait for a final decision. A psychiatric assessment request is common and I normally recommend everyone to attend any assessments requested by the insurer. If you want confidential advice, please reach out to our office for free consultation and Disability Appeal Game Plan.
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.
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Thank you. I will endeavor to do that as too much to explain here.
Previous appeals denied.
Union and insurance created a “joint committee” to review
Joint committee has requested two extra assessments.
They also claim their decision is final.
Hi, this is the type of thing you would need to get specific legal advice.
They are saying final…and it could very well be final, or it may not be final.
The answers will depend on your employer, your collective agreement and the disability insurance policy or plan text. You don’t want to give out that type of info in a public forum. You can reach out to us for a consultation. If you contact a lawyer about this, you would need to have a copy of your collective agreement, recent correspondence from the insurance company and a copy of your collective agreement.
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.