Tim Henry: A Chronic Pain Diagnosis Put Under Surveillance
At 57-years-old, Tim Henry still enjoyed his work immensely. After 27 years driving a delivery van, he thought he’d hate taking the same routes so often, and seeing the same customers everyday- but he didn’t. Tim liked his routines, and took comfort knowing what each day would bring. That is, until an accident on his icy front walk-way left Tim with a chronic pain diagnosis and unable to work for many months.
FROM ACCIDENT TO CHRONIC PAIN DIAGNOSIS
After the accident, Tim’s wife rushed him to the Emergency Room, where they quickly assessed the damage. Tim had dislocated his right shoulder and torn an important ligament. Extensive physiotherapy would probably be needed before Tim would be ready to return to his job- but for now, Tim would be stuck in a shoulder sling at home. After several weeks, Tim seemed to be recovering well. He was able to perform small daily tasks, and he recovered a small range of motion in his shoulder. But Tim felt pain in other places now too – in his neck, his lower back and even in his arms.
Tim did not feel that he could keep his arms up to steer the van or turn around to check his blind spot. His doctor supported this, giving him a chronic pain diagnosis, and suggested it was time for him to apply for long- term disability benefits.
INSURANCE COMPANY HIRES PRIVATE INVESTIGATOR
Tim began the process of filing his long- term disability claim with his insurance company. He thought that if he could focus on a recovery where he could increase his agility the right way rather than rushing back to work and making the pain worse, he could make a full recovery. Tim even felt well enough to accompany his wife to the grocery store and other errands on many occasions.
Four weeks after filing his claim, Tim was feeling very anxious about receiving his payment. When Tim received a letter from the insurance company in the mail, he was relieved, but upon opening the letter, Tim discovered that his insurance company had done something he thought was entirely unethical. They had hired a private investigator and put him under surveillance! During the investigation, they had seen Tim reach for a jar of peanut butter at the grocery store, and now his claim had been denied
HOW SHARE LAWYERS HELPED
With nowhere left to turn, Tim quickly booked a free consultation with Share Lawyers. A co-worker had used their services before, so Tim knew that the firm had years of experience helping others in a similar situation. The Team at Share Lawyers got to work compiling a strong case against the insurance company’s claim that he was not in chronic pain, and that he was fit for work. The Share Lawyers team collected all medical records and reports from Tim’s doctors, and they ensured that all the necessary paperwork and medical documentation was filed. The Share Lawyers teamnegotiated a fair and substantial settlement on Tim’s behalf, and he was able to take the time he needed to ensure a fair recovery and hopefully, an eventual return to work.
All names have been changed to protect the privacy of the individuals mentioned. To read more stories, check out Bruno's Storyor check out the September 2015 Newsletterfor more about Surveillance!
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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.
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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.
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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.
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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.