Benefits after 2 years on LTD


#1

Hi David,

My case manager called today. She said that she won’t approve any occupation benefits for me after 2 years on LTD. She said that I have 5 month to try to return to work or find other employment.

What should I do?

Try to get back to work still having some symptoms or fight it back in court?

How long will it take to fight it in court anyways?

And how big will be the settlement amount? Is it worth litigating or going back to work?


#2

Psychic case manager who can predict the future. :face_with_raised_eyebrow: Is she sending you a letter telling you that?
Finding a new job comes with the uncertainty of benefits–and the typical one year provision against pre-existing health issues. You also do not have the required hours for EI sickness if needed. -not 100% sure on EI.

So if you decide to attempt to go back to work it maybe worth going back to your old job or workplace so you have coverage.

If you have support to not return to employment or that you could not earn enough as to the terms of the policy–then sue.

Do you know what your restrictions are? Can you get an OT or PT to show you could not go back to gainful employment or that you could not make the percentage of income as per the policy due to reduced capacity and work tolerance?

i


#3

Did she give reason?

If you have the support of your doctor, contact a lawyer.
https://resolutelegal.ca/free-consultation/
Maybe apply for CPP-D.


#4

She was asking me a lot of questions. Then she said the way things look now she doesn’t think she will approve benefits after 2 years. She thinks my limitations are not severe enough.

I gave it some thought. I will try to go back to work. It will be beneficial for me. But it is so hard to go back to work after 2 years. Even phisically I feel I will be very tired in the beginning. I forgot how it is to wake up early in the morning. I will ask for accommodation and will continue seeing my therapist.


#5

It is.

Maybe go back part time.
The insurance company should help you with returning to work.

Good luck.


#6

I will talk to my case manager and see what the options are. Thank you.


#7

Careful with reducing hours for the long term or going part time–because if you fail a the return to work you could be cutting any disability in the future by an equal reduction in payments.


#8

These questions are really too specific to answer on the forum. They are very contextual and will depend on your circumstances.


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 reliable 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.


#9

I’m not at the 2 year mark yet, but my caseworker wants me to call him at the end of July to touch base with him. I’m kind of wondering this myself. I know how you feel about trying to return to work after such a long stretch of being off work. It’s no easy task. I’ll likely have to return to my job or at least do a gradual return or see if I can opt for a different Dept. as my job is physically taxing. Good luck!


#10

Thank you. They approved my LTD beyond 2 year mark. I am still on leave. It would be very hard to go back to work right now.


#11

That’s good to hear, it must be a relief


#12

Not really. I would like to sue them and settle somehow rather than be on LTD forever.


#13

I’m hoping to just retire once my LTD claim ends. I’m close in age for that step.