Am I eligible for regular EI benefits?

My LTD got terminated by the insurance company after 1 year and I cannot go back to my previous work. My employer issued me an ROE, saying the reason is Mutual Consent, not because I quit the job. Then I applied for EI and my case has been sitting there for 5 months, still under review… I have been kept calling them so many times, but no one can figure out my issue. My question is, am I eligible to receive the EI benefit? The last day I worked was in Dec, 2018, then I took disability leave. I guess the agents answering the phones are all junior agents, and what they can do is just keep escalating my case. Some said I will be paid, but some also said because I’m not working for the past 52 weeks, so I’m not eligible. I’m quite confused right now… Dealing with my previous employer and insurance company is so stressful and makes me feel even worse, and I don’t want to keep doing this but just a new start… now another painful…

If you had a wrongful termination of LTD benefits, and have ongoing disability, you won’t qualify for Regular EI benefits. You could possibly get EI Sickness benefits if you had enough hours. You should be able to tell by looking at the ROE.

It may have been inappropriate for your employer to release you like that. You should have that looked over by us or another law firm for an opinion. Have you considered appealing the LTD termination? Or are you ready to return to work, just don’t have job available?

David Brannen

Disability Lawyer with Resolute Legal

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