Insurance Company Denies Disability Benefits to Custodian with Rheumatoid Arthritis
Our client, the plaintiff, worked as a custodian with a records management company in North York for many years. He never thought he would be diagnosed with rheumatoid arthritis.
Diagnosed with Rheumatoid Arthritis
After years of achy joints, he developed chronic back pain in his early 40s, and was diagnosed with Rheumatoid Arthritis. His doctor believed that his condition was exacerbated by his physical occupation.
The plaintiff was unable to continue working, and applied for long-term disability benefits through his employer’s group insurance plan.
Denied Disability Claim
The insurance company rejected his claim for disability benefits on the basis that he could find another job, one that was less physically strenuous. They claimed that if he had a job where he could sit for several hours at a time, his arthritis would not impact his work or energy levels.
The plaintiff knew that this wasn’t the case - sitting did not help with the pain. He was determined to prove to the insurance company that they were wrong.
IME with Insurnace Company Doctor
He underwent an independent medical examination (IME) with a doctor chosen by the insurance company. As well, he was told that he was well to return to work, as long as he could perform tasks that were less physically demanding.
Our client and his own doctors strongly disagreed. The plaintiff’s own family doctor stated to the insurance company that if her patient returned to work anytime soon, it would be detrimental to his condition.
Share Lawyers Sues Insurance Company
Share Lawyers sued the insurance company for failing to take reasonable steps to assess the plaintiff’s claim. As well, for denying his claim contrary to the weight of medical evidence.
After a mediation sessions between Share Lawyers and the insurance company’s lawyers, a lump-sum settlement was awarded to Share Lawyers’ client.
The financial settlement gave our client some breathing room. Knowing that he didn’t have to rush back to work, he could focus on managing his pain.
*All names and identifying details have been changed for confidentiality purposes.
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A note from our long term disability lawyers
Taking a medical leave from work is not an easy decision to make. Concerns about providing for yourself and your family and keeping your job may cause you to want to push through your pain, but this won’t make your problems go away. Stopping work is often the smartest decision for your long term health and well-being, and your disability benefits are there to provide you with financial support until you can return to work.
If you have made the tough decision to stop working and apply for your short term disability or long term disability benefits, you may feel overwhelmed by the process and have questions that your employer and your insurance company are not able or willing to answer. Share is There to see you through and answer your questions.
Our Disability law firm knows what you have been going through
We understand that things have not been easy for you over the last little while. Your health has been suffering, you are unable to work, and now your insurance company, who was supposed to be there in your time of need, has decided they will not pay your disability benefits or respect your disability claim. These benefits exist to provide you with the financial support you need so that you can focus on your health and rebuilding your life. It is unfortunate that your insurance company has not lived up to its promise. If your disability claim has been denied, we will fight to get you the benefits you are entitled to. Our disability lawyers have helped thousands of Canadians get their long term disability benefits over the past 35 years, and we can help you too.
Our experienced disability lawyers can fight back on your behalf
Share Lawyers believes that every client who is dealing with a disability claim deserves superior personal service. To achieve that goal, we have developed our team of experienced, compassionate, and caring long term disability lawyers, law clerks, and administrative staff to meet all of your needs. Our team of experienced long term disability, life insurance, employment, and critical illness insurance lawyers have made successful claims against many insurance companies, third-party administrators and employers.
If you are unable to work, your disability benefits should be there to provide you with the financial support you need. While your insurance company may be focused on finding ways to avoid paying your claim, our focus is on what is in your best interest. When Share Lawyers gets involved, you have an entire team of lawyers that are there to support you and to fight for what is yours.
Our disability claim lawyers fight for your disability insurance claim by relying on our many years of experience to apply the best strategic planning and approach in each case, using the latest technology available. Experience matters, and with Share Lawyers, you are in the best hands with 35 years of success on your side.
In this video, we explain the role of a long term disability lawyer and how we can support you when you have been denied your long term disability benefits.
