Why was I approved for LTD through work insurer Great West Life but not CPP


#1

I had a routine test done at the hospital and due to improper administration of IV I developed a severe deep vein thrombosis in my forearm. I am a transcriptionist and unable to perform my work duties due to pain caused by DVT. Great west life approved my claim
However CPP has not. What more info do I need to win the appeal?


#2

It is impossible to say without doing a review of your case and seeing what information has been provided to CPP. It is important to understand you are dealing with two different standards of disability. For GWL, the test for disability is the inability to do your job as a transcriptionist; however, with CPP it is broader and you must show an inability to do any type of employment suited to you giving your age, education and work experience. It is not unusual to have LTD approve a claim early on and CPP reject it, and vice versa.


#3

David,

Do you recommend hiring a lawyer for the appeal?


#4

I have dealt with lawyers before and it is always helpful to get a legal opinion or representation.
The fees for Resolute legal are very reasonable.
If I have to appeal I would pay for advice, file review through Resolute.
I find incredible good faith in his free book, pricing and site.

My humble opinion


#5

You want to be very careful about hiring a lawyer because in your situation the back payment from CPP disability will go entirely to Great West Life. Most lawyers will want to be paid out of that back-payment so you could get stuck with them wanting to get paid, but the money got sent to Great West Life.

In situations like this we would contact Great West Life to confirm they would agree to allow us to be paid out of the CPP back payment. Often they will agree to this and its worth your while because you have to pay this CPP back payment money over to GWL anyways.

We do handle CPP disability cases across Canada. If you contact our office for advice on this, please make reference that you were speaking with me on the Forum.


#6

You should have this posted more on your site!!!
One of the strongest reasons my husband will not sign the Irrevocable Consent form is because we want the option to hire a lawyer if he is denied his initial CPP-D application. We knew a lawyer would want to be paid and the best way would be a percentage if a lawyer was successful.

I did not know that your firm could approach an Insurer and get agreement on the fees.

There is a case Zaprzala v. Manulife Financial, 2014 ONSC 7284- It raises the issue of legal fees. I thought I might end up on that route.
Very encouraging to learn that you could contact the Insurer.


#8

When did they deny your claim? How long ago?


#10

I would sue them approve your LTD claim depending on how old you are.

Depends on what you sue for.
If it is to get approved for LTD then they may be entitled to retro payments depending on the wording in your policy.
I would be worried, you’d sue to get your LTD approved, they’d take the retro payments, deny your claim again.
This would look really bad for them though so I am probably overly paranoid.


#12

They will certainly factor in the offset and retro payment from CPP-D-and you will in turn factor in your legal costs that you should not have had to spend. Best plan for you is figure out the least amount you would settle for and then aim up.
You also have suffered mental distress. You likely won’t be happy with what you receive–but neither will the Insurance Company in what it cost them to settle.