Benefit company has offered 5 month buyout, what are the implications


#1

I have been on ltd for almost 2years, on November 2nd they said it will stop. I have been denied cpp as I am not deemed permanently disabled, but I can no longer do any physical activity and all my jobs have been physical labor, and it has been very hard to find a job where I sit or walk around, as I can’t sit or stand for long periods of time either. The benefit company has offered me a 5 month buyout, but I am wondering what are the negative aspects of this if I do take it and sign the termination? If we do not take the buyout, does all money just stop on Nov. 2, or do they have to still pay for any rehabilitation programs or education, or does it all just stop?


#2

Have you appealed CPP-D?

Does your doctor say you can’t do sedentary work?

All obligations to you would stop if you take the buyout.
No rehab programs or education.
You would also lose extended health benefits (drugs, dental) from your employer.

It is usually a BAD idea to take a buy out.
Do a search on this forum for “buyout”.
If your doctor supports your continued LTD then I would get the free consult from Resolute.


#3

Buyouts are almost never a god option from a financial point of view. A buyout of 5 months is generally not something I would ever recommend a person do. The implications of a buyout are that you lose all rights under the policy…forever. Unless you know for a fact you will be able to return to work soon, it would be a very bad thing to accept five months of payments in exchange for you signing off on all rights under the policy to age 65.

Most people would be better off to let the insurer cut payments off in five months (if that is what they plan to do) and then sue them to get much more than five months. As far as your CPP-D claim. Many legitimate claims are denied by Service Canada. It is likely you have not presented the case in the best possible way and likely have not presented the right type of evidence for your situations.

I would urge you to contact us for a free consultation before you accept any buyout or go any further with your CPP disability appeal.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliabile manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.


#4

How would we go about receiving a free consultation??


#5

See the bottom of David’s post:

https://resolutelegal.ca/free-consultation/


#6

Jammer what would I do without you :grin:


#7

We did not appeal the CPP claim because it came back saying i am not
permanently disabled, which i guess is true, i can take care of myself and
if i was to receive surgery i may be able to work again, but surgery is not
an option right now, it is a risk I am not willing to take. So I live day
by day, not able to lift, carry, or stand for long periods at a time.

My employer has since changed benefit companies, so Equitable is no longer
their carrier, it is another company, if Equitable stops my claim on Nov
2, everything stops anyways, because my employer will not keep me on, he
says there are no non-physical jobs for me and they will not retrain me.

So I think I am up against a wall, and maybe need to take the buyout
because Equitable once they stop my payment on Nov 2nd is no longer my
benefit company anyways as I will no longer have an employer either.


#8

You should really discuss and go for the free consult. 1. CPP disability has an end date, there are reconsideration allowed, but a time limit there

  1. Insurance companies only offer buy outs to save money–be careful

  2. Very possible human rights or severance pay issues if your employer has not really tried to look at accomodation

You are close to giving up really important legal rights.


#9

Without a definite diagnosis or proof that surgery will restore your functional abilities–then there can be no prognosis and you can argue that for CPP-D—PLEASE speak to a lawyer. I fear you are being bamboozled! :persevere:

Also any new job with benefits likely has a 1 year exclusion for pre-existing conditions. So if you get a new job with benefits you would have to be able for sure work a year