At Foisy & Associates, we proudly call ourselves lawyers for the people, treating every client as a person first. With our guidance, we ensure they receive the care they need and the designation required to support them through their injuries.
In our case stories series, we will be highlighting people we have helped over the years, sharing their experiences and how Foisy & Associates ensured they received the treatment and compensation they needed.
Meet “Jack”
Jack (name changed for privacy), a dedicated and successful sales professional, led a life marked by perseverance and determination. Growing up in a tumultuous blended family, Jack faced significant adversity, as his childhood was marred by abuse and trauma. Despite this harrowing upbringing, Jack married young, had three children, and worked hard to build a successful career in sales. He took pride in being a supportive husband and father, finding solace and strength in his family.
As time passed, unresolved trauma from Jack’s past began to surface, severely impacting his mental health. Diagnosed with Major Depressive Disorder and PTSD, Jack struggled with debilitating symptoms that eventually forced him to take a leave of absence from work in his 40s. His condition worsened, and despite his commitment to treatment—including over 260 medical appointments, participation in day psychiatric outpatient programs, and the consumption of over 8,100 pills—his mental health did not improve.
Insurance Denial and Understanding Jack’s Conditions
In 2017, Jack’s disability insurer terminated his Long-Term Disability (LTD) benefits, claiming that Jack had not undergone optimized treatment and that his condition was only temporary. This decision disregarded the extensive evidence of Jack’s ongoing disability and the severe impact on his life.
Feeling unjustly treated, Jack turned to Foisy & Associates for help. Our team, led by experienced disability insurance lawyers, immediately recognized the complexity of Jack’s case. We meticulously reviewed his medical history and treatment records, collaborating closely with Jack’s treating physicians, including a psychiatrist and a medical psychotherapist. They confirmed that Jack’s mental disability prevented him from performing the essential duties of any occupation for which he was reasonably qualified.
We knew that the insurer’s claim that Jack’s condition was temporary was unfounded. Jack had already participated in various treatment programs, including brain stimulation interventions at the Centre for Addiction and Mental Health (CAMH) and outpatient programs at Credit Valley Hospital and the Women’s College Hospital. Despite these efforts, his condition had not improved, further corroborating the severity and chronic nature of his disability.
The Fight for What Jack Deserved
As we prepared for mediation, our strategy was to present the compelling medical evidence that showcased Jack’s severe and ongoing disability. We aimed to highlight his insurance company’s failure to recognize Jack’s worsening psychological health and their bad faith in terminating his benefits.
During mediation, the case manager for Jack’s case made inappropriate comments, further exacerbating Jack’s mental health issues. However, our firm remained steadfast, focusing on building a robust case.
At Pre-trial, the judge recognized the strength of our case and the thoroughness of our preparation. The insurance company conceded, agreeing to pay 100% of Jack’s past and future LTD benefits, along with all legal fees and disbursements. This settlement was a monumental victory for Jack, securing his financial future and allowing him to focus on his health and recovery.
The Importance of Perseverance
Jack’s story is a testament to his resilience and the importance of recognizing and validating the severity of one’s suffering. By receiving the benefits he deserved, Jack not only secured his financial future but also gained the acknowledgment that his mental health struggles were real and significant. He was now at peace and able to focus on taking care of himself.
This victory underscores the importance of fighting for justice and the critical support that expert legal assistance can provide in such battles. Our firm’s dedication and expertise made a significant difference in Jack’s life. We fought tirelessly to ensure that he received the benefits he rightfully deserved, demonstrating our commitment to advocating for our client’s rights.
If you or a loved one face similar challenges, know that you don’t have to navigate them alone. Foisy & Associates is here to support and guide you toward the justice you deserve.
If you or someone you love has been denied long-term disability benefits by your insurance provider, we encourage you to contact us for a free consultation. Foisy & Associates is a team with extensive experience in handling complex personal injury and long-term disability cases and are lawyers for the people who fight to receive maximum dollars for their clients.
