Jury awards $1.5M to stroke sufferer after LTD claim denial

After a five-week jury trial in Ontario, Sara Baker was awarded a record $1.5 million in damages after her insurance provider refused to pay long-term disability benefits for six years, and spied on her.

• What happened: In 2013, hospital director Baker suffered a stroke and her doctors supporting her case assessed her as being unable to work. For six years Blue Cross Life Insurance Company of Canada refused to pay her long-term disability (LTD) benefits and spent 375 hours secretly surveilling her.
• The outcome: Baker’s benefits were reinstated and the jury awarded her $40,000 in aggravated damages for her mental distress.

Have you been denied LTD by your insurance company?

If your long-term disability claim has been denied, don’t panic. You are not alone and there have been many others out there, like Baker, who have been unjustly denied LTD by their insurers. If you are disabled and your doctors and treatment providers have confirmed that your disability prevents you from working, chances are that a disability lawyer at Samfiru Tumarkin LLP can help you force your insurer to pay.

What can you do if your LTD claim is denied?

It is extremely important that you find out your rights as soon as you’ve received a denial for your LTD claim. Ultimately, there are three things you can do when your claim is denied: do nothing, do something, or do the right thing.

• Accept the insurer’s decision: By choosing this option and doing nothing, you are letting your insurance company win. Insurance companies try to make you feel powerless so that you will give up – but you have a lot more power than you think.
• Appeal the insurer’s denial: Once you receive a denial, you have the option to appeal. The appeals process is an internal process invented by the insurance company to mislead you, and is therefore not recommended. The appeals process can take years of continuous denials, and insurance companies are counting on this to run out the clock on your statute of limitations to file a claim. Don’t waste your valuable time – contact a lawyer and start a claim immediately.
• Start a claim against your insurer and get your full compensation: This is the most important and beneficial option you can choose if you are denied LTD by your insurance company. Insurance companies must abide by the long-term disability policy, which states if a person is disabled and cannot work, the insurer has to pay you benefits. Once you have all the proper documentation in order, and your doctor says you are disabled and you cannot work, the insurance company must pay out your claim. It’s as simple as that.

Can my insurance company spy on me if I apply for LTD?

The short answer is yes. Insurance companies are permitted to “spy” on you if they suspect that you are not really disabled from working – like in Baker’s case. It may seem like an invasion of privacy, and it absolutely feels that way for many. However, it is legal, up to a point.

In most cases, private investigators are hired by the insurance company but they are unable to interact with claimants or enter a claimant’s home. Their goal is to get any useful information that can help them deny your LTD or cut off your benefits.

If your doctor is supporting you, being surveilled should not be a concern for claimants who are legitimately disabled. Claimants should not fear being surveilled and should continue to live their lives and follow their doctor’s recommendations.

How long do I have to file a legal claim?

You have exactly two years from your first denial to file a legal claim. After that strict deadline passes, no lawyer will be able to assist you and you will not receive any payments from your insurance company at that point.

WATCH NOW: Disability lawyer Sivan Tumarkin explains the top five reasons disability claims are denied and why you should avoid appealing an LTD claim denial on an episode of the Disability Law Show.

Don’t wait, speak to a lawyer today!

If your claim was denied, don’t give up. Insurance companies deny legitimate claims all the time. If you have the support of your doctor, you should be getting disability benefits. Don’t waste time with your insurance company’s appeals process. It will only run out the clock on your time limit to file a claim for full compensation.

The experienced long-term disability lawyers at Samfiru Tumarkin LLP possess the knowledge and insight necessary to get you the money you are owed. Contact the disability lawyers at Samfiru Tumarkin LLP today for a FREE CONSULTATION.