View Single Post
  #13 (permalink)  
Old 08-10-2017, 10:35 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 6,486
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Gilligan View Post
I've been made aware that my ex hasn't been working for the last 2 years and states that she is unable to work because of a medical condition (Lupus).
Salena Gomez has Lupus and she is ok. So are most people who take their medications. It is rare that someone with Lupus is unable to find a medication regimen that would put them into the situation of a long-term disability.

Quote:
Originally Posted by Gilligan View Post
She also states that she isn't sure if she will be able to return to work.
The court generally expects the same level of rigor that insurance companies require for people claiming LTDs as a reason for underemployment.

This article summarizes how hard it is to qualify for disability benefits with Lupus.

https://resolutelegal.ca/resources/d...its-for-lupus/

Lupus is not an "automatic check for life". It falls under the same classifications as Type 1 Diabetes and other autoimmune disorders. Very treatable!

Quote:
Originally Posted by Gilligan View Post
She has asked to adjust child support as a result, which will likely result in a significant increase. I am afraid to full table support or close to it. I've yet to get evidence, but she states that she's got a doctors note and is currently receiving long term disability insurance.
I read the thread and what you were provided IS not sufficient. (See the article I linked for what is required for a proper diagnosis to claim you are disabled with Lupus.) Use the article as a guide to what you should be asking for as disclosure.

Quote:
Originally Posted by Gilligan View Post
My issue is that I've personally experienced my ex abusing the system, where she would constantly find a way to go on short term / long term leave.
Well, Lupus is very treatable... It is rare to get LTD benefits for having lupus from what I am reading.

Quote:
Originally Posted by Gilligan View Post
There has been a lot of behavior that would suggest that her condition doesn’t require her to be away from work, however I’m not a doctor and she’s got a medical note saying otherwise.
If you search Google you will see hundreds of law firms offering up advice on how to claim lupus as a LTDisability. What you should understand is that when this happens it means that the claims OFTEN FAIL. Why? Because although awful, Lupus is a LONG TERM DISEASE and not a LONG TERM DISABILITY. Which means it can be successfully treated and often is.

Quote:
Originally Posted by Gilligan View Post
My fear however is that if I contest, the courts will see a medical note and an insurer who is currently paying a benefit and will conclude that I must increase my CS as a result. This will result in very little motivation to go back to work (if not legitimate).
FYI: Disability payments are considered when calculating CS. It isn't free money.

Quote:
Originally Posted by Gilligan View Post
If anybody has any suggestions or advice, I would appreciate it.
Read the article and ask for the disclosure outlined in the article.

Good Luck!
Tayken
Reply With Quote