Applying for EI after being cut off LTD

I have been on LTD for 2.5 years and my insurance provider said they are cutting me off next month. This is the 3rd time they are cutting me off and the first two times I fought hard. I just don’t have the energy nor mental capacity to fight anymore, especially in the current climate when I am worrying about covid-19 too. I got laid off on the first 3 months of being on LTD so I don’t have a job to go back to. I have also been denied CPP. Can I apply to EI after I get cut from LTD? Thank you in advance for your replies and I hope you’re all keeping safe.

To be honest I don’t think you do quality for EI. For one, EI means your can’t work for non-medical reasons*; not because you can’t get disability benefits. And there is a minimum requirement of working I think 600 hours or so in the last 52 weeks before you fill your claim (with is about 6 months or so of work). If you were on LTD for 2.5 years and just got cut off, you’ve been off work too long for that… There is also something called medical EI but that is only given in the first 15 weeks of your illness and sick leave starting, for those who don’t have short-term disability through their employer/private insurance. And your well past that timeframe as well.
https://www.canada.ca/en/services/benefits/ei/ei-regular-benefit/eligibility.html

Dave the lawyer wrote a great blog piece about this on here recently explaining EI: https://www.resolutelegal.ca/blog/covid19-ei-sickness

If I were you I think it’s worth fighting the insurance company and appealing CPPD decision to accept your claim. The only other option you have, if you indeed can’t work because of illness and your assets are low, is ODSP. It’s much less than you would get on CPPD or LTD, but I believe you at least get free extended healthcare benefits like dental/drug etc.
https://www.mcss.gov.on.ca/en/mcss/programs/social/odsp/income_support/IS_Eligibility.aspx

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I agree, fight for both.
Get the free consult with Resolute:

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Thank you @jammer and @Jimmyny for your replies. It is very frustrating to fight again in this covid-19 climate. I don’t think my doctor and specialists would appreciate me bombarding them with requests to fill out forms right now and write letters on my behalf, when they are trying to save lives during a pandemic. Such bad timing for my insurance company to do this right now! :cry:

  1. You should call Service Canada and see if they can help you. They are creating new programs right now to help people who lost income.You may just be able to qualify for something.

  2. Another option is ODSP or Ontario Works if you are in Ontario. Or similar programs in other provinces.

  3. Consider suing your insurer and getting some settlement. Resolute Legal can help you in that. They are pretty good.

  4. Appeal CPP-D.

  5. Apply for Disability Tax Credit.

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Thank you Elaine. Unfortunately, Resolute doesn’t take clients from my province.

What are their reasons for terminating you?
They are taking advantage of the entire situation going on now. They are hedging their bets that you will give up.

Hi, it is definitely more challenging for a person to appeal these LTD denials in the COVID-19 world, but it can be done and this is when a good lawyer will be able to help with coordinating evidence and looking into whether they even had grounds to deny you in the first place. Many insurers will take advantage of this situation where people are being laid off etc and will say that you could work, but just don’t have a job, etc.

Feel free to reach out to us, we are a virtual law firm and we can recommend other good disability lawyers as well if it turns out we are not a good fit for you.


David Brannen

Disability Lawyer with Resolute Legal

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