Michael Jordan is one of several long term disability lawyers invited to speak at the Ontario Trial Lawyers Association (OTLA) Roundtable : Extra-contractual Damages in Settlement Discussions since Baker v. Blue Cross. Baker v. Blue Cross sent shockwaves through the legal and insurance industries when a jury ordered Blue Cross to pay the plaintiff $1,500,000 for punitive damages, in addition to the long term disability benefits in dispute, agggravated damages, and legal expenses of more than $1,000,000. The case was appealed, with the Ontario Court of Appeal not only upholding the decision, bu ..read more

Did you know long term disability insurance companies commonly use surveillance and other tactics to deny claims? Of course long term disability benefits are a last resort, and you wouldn’t be on claim if you could work. But insurance companies don’t always see it that way, and are constantly looking for reasons to deny claims.  This blog post will cover some of the most common tactics used to deny claims. Tactic 1: Creating Inconsistencies With Surveillance After a claim is submitted, a representative of the insurance company will almost always conduct a telephone interview.  It w ..read more

Is long term disability attorney or long term disability lawyer the proper term?  It doesn’t really matter, both are used. Lawyers and attorneys use a lot of legal jargon, even when describing their own occupation! The terms “lawyer” and “attorney” are often used interchangeably, depending on the location. In Canada, the terms barrister and solicitor used to be preferred, but we now mostly say lawyer.  In the United States, attorney is more common. All these terms refer to the same profession. Whether you use the term lawyers or attorneys, both are individuals who have undergone exte ..read more

Most Canada Post employees are entitled to receive short term disability (STD) and long term disability (LTD) benefit payments if they are unable to work due to illness or injury.  It is important to understand your rights when applying for disability benefits, both to increase the chances of your claim being approved, and so you know your options if the claim is denied. Short Term Disability for Canada Post Employees The Canada Post short term disability plan provides income replacement coverage to employees who cannot work for more than seven days due to injury or illness.  Work r ..read more

Introduction: Long term disability (LTD) claims for chronic fatigue present unique challenges for individuals seeking financial support due to their debilitating condition. Chronic fatigue syndrome (CFS), also known as myalgic encephalomyelitis (ME), poses complexities in diagnosis, treatment, and understanding within the medical and legal communities. As a result, claimants often face an uphill battle in securing approval for their long term disability benefits. In this comprehensive guide, we’ll delve into the intricacies of chronic fatigue LTD claims, exploring what chronic fatigue is, why ..read more

The Ontario Court of Appeal recently upheld a trial decision that resulted in a huge win for the plaintiff, including $1,500,000 in punitive damages, more than $220,000 for past long term disability benefits owing to her, $40,000 in aggravated damages for mental distress, plus reinstatement of LTD benefits. The trial outcome got even worse for Blue Cross when the judge ordered it to pay legal expenses of more than $1,000,000.   I originally wrote about this case here: Long Term Disability Insurance Company Must Pay Punitive Damages, and again regarding costs, here: Baker V. Blue Cross Lif ..read more

When long term disability (“LTD”) insurance claims are denied, there is usually an option to appeal. Although most LTD lawyers advise against appeals, it may be a good option in some situations. Before considering an appeal, you should understand the appeal process, which may be summarized in ten steps:   1) Review denial letter – The LTD insurer will provide you with a denial letter that briefly explains the reason for the denial and advise you of your right to appeal.     2) Consider whether an appeal is the best option – Most appeals are not successful.  You do not have ..read more

About Bipolar Disorder Bipolar disorder is a mental health condition associated with severe changes in mood, energy, and ability to complete day to day activities. Type I bipolar diagnosis typically requires extreme manic episodes that may require immediate medical care.  In Type II bipolar mood fluctuates up and down, but the ups are not as extreme.  The symptoms of bipolar disorder are more severe than the normal ups and downs most people experience.   Approximately 2% of Canadians, which is more than 750,000 people, will suffer from bipolar disorder at some point in their liv ..read more

Work related stress can lead to burnout and have a profound impact on both mental and physical wellbeing, potentially leading to a disability. Many people encounter stress in the workplace, and for some, it becomes overwhelming. Excessive stress can lead to anxiety, depression, sleep disturbances, and even physical symptoms. More than 75 percent of Canadian employees say they have experienced burnout at some point, according to a survey conducted by Harris Poll. Sometimes workplace stress reaches the point where it forces people to take sick leave, often covered by short term disability (“STD ..read more

Rogers Communications employees in Ontario are entitled to short term disability (STD) and long term disability (LTD) benefits in the event they are unable to work due to illness or injury.   It is important to understand your rights when applying for benefits, and what to do if your claim is denied. This blog post will cover the following topics: Short Term Disability Benefits For Rogers Employees Long Term Disability Benefits For Rogers Employees Making an STD and LTD Claim Why Are Rogers’ Employees STD and LTD Claims Denied? Appealing STD and LTD Claim Denials Litigating STD and ..read more