New firm has ‘the ammunition’ to take on any insurance company

By Tony Poland, LegalMatters Staff • Trauma-informed lawyer Leanne Goldstein says the aim of her new disability law firm is to help clients “transition from a very difficult period in their lives to reach a point of successful closure.”

“Our motto is ‘The courage to fight; The compassion to care,’” says Goldstein, who opened the doors to the Leanne Goldstein Law Professional Corporation in Vaughan in April. “I have more than 20 years of experience successfully litigating short-term and long-term disability claims and dealing with insurance companies. Our firm has the knowledge, the power and the ammunition to go up against any insurance company. 

“In addition, after many years of dealing with claimants from a trauma-informed perspective, we have the expertise and understanding to ensure that the process of litigation will not be as challenging, anxiety provoking and as difficult as people might anticipate,” she tells LegalMattersCanada.ca. “Our hope is that, ultimately, when our clients reach the end of their journey with us, their experience will be perceived as transformative, in a positive way.” 

Experience with many different types of disability claims

The practice focuses on litigating long-term disability benefits claims, critical illness, and life insurance claims. Goldstein has experience with many different types of disability claims including OTIP and SISIP as well as group disability claims and claims made by professionals and business owners under individual policies. Goldstein’s firm also handles disability-related workplace issues. 

In the firm’s mission statement, Goldstein states that it is vital that “clients feel as if they are able to control their destinies, are empowered in the litigation process and that they receive adequate validation of their lived experiences.” 

She says she wants those she represents to know they have a voice that deserves to be heard. 

“They are going to be listened to and their story will be translated in the best possible way so it will be received and considered by the insurance company,” Goldstein says. “That is often very different from the experience clients may have had in the claims adjudication process where they are dealing directly with the insurance company.

“We are taking away the anxiety of dealing directly with the insurance company and providing a vehicle for communication with the insurance company that levels the playing field,” she adds. Communicating directly with the insurer can be intensely anxiety provoking for the client, Goldstein says. 

‘We want to remove that burden’

“We want to remove that burden,” she says. “But we want to do it in a way that clients still have their voices heard so that their views and needs are effectively communicated.” 

Goldstein says some people complain insurance companies are not listening to them but, often, it goes beyond that. 

“It can become a situation where the insurer misinterprets the facts,” she says. “They might cherry-pick information to support denial of a claim or put words in a claimant’s mouth. 

“People often need an intermediary to help them to effectively communicate with an insurance company,” Goldstein adds. “They need someone the insurance company will listen to and someone they trust so they feel safe in knowing that they are not going to be misinterpreted through the process.”

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As a trauma-informed lawyer, it is important to take the time to understand each client’s unique situation, she says.

“Clients suffering from trauma might exhibit certain reactions that are unexpected and may be negatively perceived by insurance companies,” says Goldstein. “Trauma sufferers might be less willing to talk about their experiences and symptoms than others and they might appear to be very defensive and guarded in their interpersonal interactions.

“In speaking with the claimant as part of the adjudication process, the insurance company may view those reactions as the claimant being evasive or uncooperative,” she adds. “In fact, it could be a situation where the questions the claimants are being asked about certain experiences in their lives might be an emotional trigger causing a trauma response.” 

Claimants can struggle to receive validation

Goldstein says she believes that contextualizing her clients’ unique experiences for an insurer is critical to her role. When people have a disability – especially an “invisible disability” that can be difficult to diagnose through conventional methods – they can struggle to receive validation, whether it is from the insurance provider, the medical profession, their employers or even friends and family, she says. 

“This takes a further emotional toll on them and by the time these claimants come to see us, they may already feel beaten down,” Goldstein says. “I want people to know that we are more than the services that we offer.

“We provide a trauma-informed experience with years of navigating these types of claims,” she explains. “We have an intimate understanding of how insurance companies work and their motivations and our goal is to secure an outcome for the client that is in their best interests.” 

There are many benefits to working with a boutique firm, “including the ability to establish an immediate connection with the lawyer who will be representing you,” says Goldstein.

Able to establish effective systems to fast-track files

“By embracing developments in legal technology and creating optimized organizational processes, our firm is able to establish effective systems to fast-track files to give clients peace of mind and allow them to get on with their lives,” she says.

Goldstein says she is not only interested in “successfully closing a file,” she also wants to help clients move forward with their lives, whether that means an eventual return to the workforce in some capacity or with the “acceptance of a new normal.” 

“We encourage clients to be active participants in the process of litigation allowing them to feel empowered in terms of making life decisions and helping them regain control in a situation that has been intrinsically disempowering,” she says. “Losing the ability to work due to disability can have a significant impact on clients’ identity and self-worth. 

“This is exacerbated when benefits are denied or terminated by an insurance company that promised to provide protection,” Goldstein adds. “Litigating against an insurance company can never replace what someone may have lost in terms of their health or their career, but it can return a sense of control over decision-making and an ability to navigate the next step of their lives.”