Interesting question. It seems to me that if your claim was denied then you don’t actually have STD coverage and would qualify for EI. But if your appeal is approved then you would have to pay back the EI for any overlapping period?
You can apply for EI Sickness but if STD gets approved you may have to pay back the EI Sickness to the extent there are overlapping weeks or months of payments for the EI and STD benefits. Approval of STD will usually come with a retroactive payment. You need to break that retroactive payment down in the weeks and months it represents. Then look back to see if you got EI Sickness during any of those weeks or months. If so, you have to pay it back.
Disability Lawyer with Resolute Legal
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