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My wife was diagnose with stage 3 ovarian cancer in October of 2014. At the time she was employed with the Halton District School board and was only covered for short term disability. Since then, the plan has shared and her colleagues are covered under LTD. The school board or Insurance company has told her that she does not qualify because she has a pre-existing condition. Is this correct.
Also the second part of my question is that in October of 2016 she was involved in a motor vehicle accident where she was hit from behind at a red light by a dump truck.
She went to all kinds of tests and as of today my lawyers cannot reach a settlement.
My lawyers are telling me that the insurance company is claiming that my wife's cancer is causing her symptoms. I really feel that this is discriminating as the pain that she is suffering from is not coming from the cancer.
I feel that my lawyers are not being aggressive enough.
It has been almost 3 years.

If your wife is part of a union then speak with the union about her getting LTD coverage. It would likely be mandated by the collective agreement. If she is not unionized then there may be an issue with her getting coverage through LTD if the plan only became available after she became disabled, because her disability would pre-date the insurance coverage.

Regarding the car accident case, you should schedule a time for your wife and you to meet with the lawyers and discuss the plan going forward. They should be able to explain the strategy and potential settlement value of the claim, or the chances of it going to trial.
The Disability Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-888-990-9646     Email: help@disabilityrights.ca     Web: www.stlawyers.ca
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