Unionized employees are typically entitled to various benefits, including Long Term Disability coverage. These benefits are usually provided by an outside insurance company, such as Sun Life, Manulife, or Great-West Life. When an employee submits a claim to the insurer for LTD, it is the insurer that decides whether the employee qualifies for benefits or not, not the employer.
When Disputes Arise
Often Long Term Disability claims are improperly denied.
Even though the employer had absolutely no input into rejecting the claim, collective bargaining agreements sometimes prohibit the employee from commencing a lawsuit against the insurer for the improper denial. Instead, the dispute must proceed by way of the union grievance and arbitration process.
The theory behind this counter-intuitive approach is that the entitlement to Long Term Disability benefits arises from the collective bargaining agreement, and all disputes regarding the CBA must be arbitrated in accordance with grievance process.
The courts in Ontario and other jurisdictions have created a patchwork of cases outlining in what circumstances unionized employees can and cannot bring a lawsuit for denied LTD claims. These cases are complicated, but it essentially comes down to the precise wording of the collective bargaining agreement. If the CBA addresses Long Term Disability benefits in any detail, the employee might not be able to bring a lawsuit against the LTD insurer. Instead, he or she would have to proceed through the union grievance and arbitration process.
This can be problematic, because unions are often not well equipped to effectively fight the Long Term Disability insurer. Unions are usually good at addressing employment related issues, but may not have the resources a Long Term Disability lawyer has that are required to take on a billion dollar insurance company in a very specialized area of law.
Avoiding The Issue
There are several possible ways of avoiding being stuck with union representation. First, ask a Long Term Disability lawyer to carefully review your CBA.
If there is no reference to Long Term Disability benefits in the CBA, then you are probably able retain a LTD lawyer. If there is reference to LTD in the CBA, but it only states who is responsible for paying the premiums, you are again probably okay to retain a Long Term Disability lawyer of your choosing.
If, however, the CBA does go into detail regarding Long Term Disability benefits, such as the benefit amount, the test of disability, the waiting period, etc., you may be limited to the available union resources. There may still may be legal arguments that will allow you to retain a lawyer to commence a claim outside the grievance process, despite the CBA. This is particularly true if your union refuses to help, or if you are no longer a member of the union.
Contact A LTD Lawyer, For Free
It is therefore important that you contact a Long Term Disability lawyer for advice.
Michael Jordan regularly advises clients on this issue without fee and without obligation. Do not hesitate to contact Micheal regarding your situation.
Michael Jordan is a honest, fair and intelligent lawyer! He is very patient and spends as much time as is needed to ensure his clients understand what he is doing. I would highly recommend him! Sandra Clarke
Michael Jordan is a man you want on your side! He is compassionate, caring and beyond knowledgeable! He will never steer you wrong! Michael Jordan has already made a huge impact on our family and will always be our go to guy!
Michael Jordan was my lawyer for my long term disability case. I would recommend using him for a LTD case. He was very knowledgeable, helpful and always available when I had questions.
Review for Mr. Michael Jordan, Long Term Disability Lawyer. I am not usually a person who leaves reviews, but on this occasion I felt compelled to given the exceptional service I have received. I was in a situation where I required urgent guidance regarding an LTD matter, I decided that I would find someone who had a very high google review...
I contacted Michael for my long term disability claim. My LTD had been denied and so I reached out to him for help. The process from beginning to end was perfect and simple. He really is there for any questions or concerns and is so kind and helpful. He makes you feel less alone and cares about your well being. With his help I was able to get a...
Patient and kind, thorough and knowledgeable, that's Mr Jordan.Im grateful to have made a connection such as this! Thank you.
Michael Jordan is a Wonderful Caring Understanding Professional man that truly helped me when my LTD was denied several times as most are. I knew many people give up but I was entitled to LTD. I called Michael and sent all of my information with all of my medical and he said I had a case. He will take a percentage only if he wins which he did...
Many LTD lawyers will give you advice that will be biased to their advantage. Michael is the only lawyer I spoke to who wants what’s best for you, and does not care if he benefits from your decisions. His advice is fair, he is honest, and I would not trust anyone else with my case. He will tell you what is best for you. I appreciate him so...
Michael Jordan will personally return your calls. He listens to you and provides excellent advise. I strongly recommend him.
Michael was very pleasant to deal with. I'm pleased with the work he did for me, always replied and understood my issue and supplied useful information. I highly recommend him.
My experience with Michael Jordan was excellent. I was given much needed advice and everything was explained to me in very clear terms. Response time was outstanding! Michael was reassuring and compassionate and was able to resolve my disability claim very successfully. I would highly recommend Michael and his team to anyone.
Margherita Del Grosso
Mr. Jordan responded immediately to my first phone inquiry and has been readily available for detailed consultation and support throughout my long-term disability application. As the claim was finally approved and no litigation was required, there was no fee. Knowledgeable, professional and kind, there is no doubt that I will direct all my...
Michael Jordan is a wonderful lawyer. He is polite, very courteous and very professional. He answers his phone, responds to messages and takes the time to clearly explain the information that you need to know. He helped me out with an issue on little notice and was beyond helpful. If I could give him a higher rating than 5/5, I definitely...
I feel very fortunate to have come across Michael Jordan's practice. His responsiveness, sense of service, and professionalism inspired a lot of confidence in me to pursue my case. I highly recommend him to anyone who finds themselves in an overwhelming insurance process.
I recently had the pleasure doing business with Michael, he was very professional and did what he said he was going to do. Michael kept me updated through the entire process! I would highly recommend Michael's services and best of all I got the outcome I was expecting!
Very refreshing to have a lawyer actually pick up the phone himself. Gave me excellent advice free of charge regarding my LTD questions. Would highly recommend.
I would highly recommend Michael Jordan. From the very beginning, he was attentive, clear and precise with his direction, quick to respond and helped me through a very difficult time in my life. He assisted in making this process much smoother than I could have ever anticipated and I was very happy with the outcome. I would not hesitate for a...
Micheal Jordan is very knowledgeable and helpful in regards to long-term disability claims. Very willing to help by explaining and listening/understanding the problem. I would reccomend his services.
Thank you Michael, for your hard work. I like that if I needed anything your office was there to answer my question in a timely manner. You know your information and it was a great help on the case. Michael is respectful, hard work and knowledgeable gentleman that wants the best for he clients. Thank you Michael and Your team for your...
E. Anne Allan-Denys
LTD lawyer, Michael Jordan, jumped right on board to take my case, even though he did not have much time to prepare before the closing date of my case -due to my error. Also, Michael was right up front in our initial contact with his fees.
Due to the Covid-pandemic, we communicated through e-mails -including him taking correspondence...
Mr Jordan came into my disability fight with patience and kindness. He turned my situation around when I was being taken advantage of. He is very knowledgeable and knew exactly how to execute a plan to my benefit. He did exactly what he said he would do, and that is... Win! Thank you Michael Jordan. Much Appreciated!!
Great lawyer to represent you with legal matters. Michael answered the phone personally and listened to my initial concern. He then set up a meeting face to face (prior to COVID) and the rest was history. He is very professional and understanding. Michael was able to get me settlement and get the insurance company to pay.
I would strongly recommend Mike to represent you in a legal action. He is by far an excellent lawyer. Not only is he by far outstanding when it comes to the law but he knows how to handle your case from start to finish and win your case! He is the staple example of what a lawyer should be (has integrity, compassionate, honest, trustworthy,...
I strongly recommend Michael Jordan services as he displayed a high level of integrity. Michael proved to be responsive, knowledgeable, and professional with a high degree of emotional intelligence. My stress level was lessened with his attendance, support and knowledge of my case and situation. Retaining his services was the best thing I could...
Michael helped me with my STD and LTD case as my Insurance company denied all my applications from the beginning. His insight, dedication and professionalism has helped reach the agreement. I highly recommend him because whether it is your first time with a lawyer or not you will be treated like a known customer you will surely get help and...
Strongly recommend. Michael Jordan is professional, detailed and articulate. He can explain complicated issues and has the ability to translate them into a simple understandable terminology. My family was devastated when my LTD claim was denied. Michael defended my position and pursued the incident relentlessly. My very stressful situation...
Michael is one of the kindest and most caring lawyers. He was so patient with me and extremely attentive. Any time I had a question or concern, he would assure me that everything was going to be okay. During this difficult time as it is, he was able to continue with a mediation with ease and was able to have my case resolved to my utmost...
I was diagnosed with a chronic illness which made it impossible for me to do my daily responsibility of my workplace as well not including all my doctors and specialist appointments. I applied for my long-term disability that was provided by my workplace benefits. Unfortunately I was denied even with all the doctor's medical documents to...
When my family member was off of work and dealing with long term disability she went to Michael and was very pleased with his honesty, professionalism and candor. He worked hard and achieved a very positive result.
I am a lawyer and I have recommended Michael to many people because of the above-noted qualities.