I been off work since December 2016, i recieved short term disability for 16 weeks. i tried to go back to work before my short term disability expired but was unable to go to work. My employer told me to apply for LTD with sunlife. Am i able to move to another province while on Long term disability
The short answer is âyesâ. You are not tied to a specific job or province if you apply for long-term disability. On the practical side, however, it can cause problems in that the insurer will take issue with fact that it is generally easier for a person to return from disability claim to their historical employer, than it is to seek out new employment. This is technically not relevant to the claim for disability, but it is something I believe is considered. The only other issue I see when people move is that they canât find a new doctor and that is usually the source of the problems going forward. People canât get regular care from a doctor and canât get into the rehabilition programs, etc they were on in their former province. When you move you still have the obligation to have ongoing care form a doctor and to continue your treatment plan. My view is that you are not a prisoner and should move (or take a vacation) like any other person would â just keep in mind the things I say above.
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.
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Even during the termination period. See i get anxiety and sometimes panic attacks thinking about going back to work with my current employer. They suggested me apply for WCB which involves an internal investigation from the company and WCB for work place bullying. My biggest fear is my co workers say they didnât bully me and im regected a LTD and WCB claim.
Your employer or insurer suggested WCB?
Contact Resolute for a free consult.
Seek treatment for anxiety and panic attacks. Request a referral to a psychiatrist and maybe seek help from a psychologist.
Keep the focus on getting better as much as you can from your legitimate mental illness. Be careful you do not give the Insurer the ability to deny your claim based on a workplace issue and not an illness, WCB might be an option but you could get yourself in a position where your Insurer passes the buck onto WCB and then WCB passes the buck back to your Insurer.
Then you could end up with nothing. If your workplace is that severe you may want to explore your options with a lawyer.
Before you contact a lawyer write out a timeline of all the events that led to your disability and all the Doctors and testing you have had. Lawyers need the facts so they can give the best adviceâand a timeline will keep emotions at bayâlawyers deal in facts,
tried doing that then say sent me to a drug and alcohol treatment center lol and i dont even drink or do drugs
My LTD insurance states that if illness has to do anything with alcohol and drugs then they wonât pay any benefits.
Itâll be interesting to see how an insurer deals with legal marijuana and mental health claims if it comes to that.
Hey all, sorry to revive but I think this is important to note:
I have moved across Canada. I hate to say it but if your forced to have to resubmit and reapply for disability province by province then it is NOT possible to relocate to another province while on disability.
If anyone actually looks into the Charter of Rights, they would see that Health Care is to be provided.
Follow that up by the Citizenship act of Canada section 6 reads that âeach citizen is guaranteed all provisions listed in the Charter of Rights and Freedoms, without cost or limitation.â
so that said, legally the need to reapply for Disability (which is what you are doing), actually causes limitation to your options and is very costly.
EXAMPLE: My Partner who was on AISH out of Alberta, which pays 1588/month. We moved to Ontario (pays 1050/month) three years ago. Because we are NOT allowed to Transfer our disability (Disability being a FEDERAL provision (each province and territory provides some form of) for Citizens), my Partner has lost his disability from Alberta Costing him direct damages of $57,168. Mean while, Had he the ability to transfer the Disability over, we would have received a sum of $37,800, which is just short of 20k of what Alberta would have provided in the same span of time, the additional benefits/medical coverage would have remained in effect. The loss of those costs EXTRA on top of the principle losses.
He lost medical benefits as a disabled personal for exercising his âFREEDOM and RIGHTâ of Mobility. These cost me unnecessary losses, because I have to support without assistance. In addition Ontario does not employ medical professionals to make these medical determinations, for disability. Further no province to our Knowledge apparently uses medically trained persons to make disability determinations.
Conclusion Canada actively violates its Peopleâs citizenship act (political repression â stripping of citizenship under UN law) using legislation passed by people who are out of touch with reality (does Canada have any politician who is disabled or with disabled children??), to prevent and dissuade inter-relations between provinces/territories at the disadvantage of the People. This prevents us from developing a national identity (currently Canadians are born to pay taxes only), exploring and learning our history, and establishing a culture beyond our international image of âpolite, meek, racistsâ.
Solution: Exodus. Its time to stop paying 80% taxes and start running away from this bureaucratic peonage.
Are you talking about ODSP which is provincial?
CPP-D is federal.
Are you saying you had to reapply for CPPD, Iâve never heard of that.
Naru. I am not sure what you are talking about. When you left Alberta, your husband was not eligible for AISH anymore but could have easily applied for ODSP and been accepted. I believe they have a fast track program for people who were previously disabled in another province. Why didnât your husband qualify for ODSP?
Dear Adam,
as for why, thats a good question. The simple answer is three fold:
- The paperwork literally states that He has 3 identified conditions that are permanent and qualify him for ODSP, but for those reasons he does NOT qualify.
- Ontario does not employ medically trained persons to make a medical assessment for disability
- Amy S. of Renfrew County Legal Clinic has outright stated that Ontarios Police for EVERY ODSP applicant is automatically denied for the first year of application, which times out the âperiod of transitionâ and invalidates the previous legal finding of disability.
So basically, his rights as a citizen are non-existent. Its ultimately inexcusable blatant abuse, while they take advantage of the disabled - placing an unbearable responsibility on those who are suppose to have special consideration taken, and clearly Legal Aid, the Government, nor society seems to grasp the LAW.
so in response, Adam, I would say better questions would be:
How does three automatic qualifying diagnosis legally allow the Government to deny Disability, basically to illegally withhold money for those deemed vulnerable?
How could any government explain the direct damages caused here, and justifiably refuse to pay up the losses, plus actually do something civilized like buy us a house and investigate the damages they have caused us in our Files (managed by them alone)?
I find the automatic assumption of failure on our part an utter excuse exploited by the government. That automatic assumption has proved more damaging then anything when addressing these issues.
Ultimately, the point remains that Canada does not offer federal disability. It does not provide adequate assistance for transferring ANY provincially managed file. To tell people they provide these services is an outright lie, and morally reprehensible.
Dear Jammer;
- Why has the existence of CPP-D been withheld from the Disabled? This is not advertised to anyone I know. Usually when you ask about such programs we are told application will invalidate the provincial policy.
- Why has the Provinces involved in my Partnerâs Disability failed to represent their client and file for CPPD? It is their responsibility to manage their clients files. If there is a FEDERAL database that the client could be registered in â then in the interest of Mobility Rights, they should automatically be enrolled by their clients.
- ODSP didnât deny Disability to my Partner for legal reasons. It was to Save themselves money. It was done maliciously without cause. After such treatment, such blatant disregard of Medical records, and direct damages once again⌠why would My Husband or I WANT anything CANADIAN?
- Employment is required to qualify for CPP-D. While I am for employment in general, I find it criminal to tell a disabled person they need to work X-# amount of hours and pay in to the policy X-# of Dollars to qualify for benefits needed to obtain or hold said employment and work said hours.
CPPD is not a disability benefit. If it was, it would provide benefit to the disabled that didnât require the disabled person to contribute to it. You pay extremely usurous taxes to provide for these people. So, to have those who need it require further contribution both invalidates the point of Taxation and Demonstrates the âBenefitâ is for show not for effect. This is inexcusable.
My point on reopening this channel was to point out how the claim that there is transfer capability between the provinces is false. There is no such ability. I also donât understand what the point of mentioning CPPD was about, we were talking about provincial disability programs being transferable.
we are done with the abuse and disrespect of the law this Government has. Its time to leave.
It is a benefit to people who become disabled while working.
Like CPP is a pension for people who have worked.
I think this forum is intended for CPPD and LTD (provided by insurance companies).
I donât know much about provincial disability programs but I have heard that in general they pay less than programs for people who have worked.
Iâm all for a guaranteed basic income.
Even when I was working, I was for it.
They could scrap all the other programs (EI, ODSP, CPPD).
I think covid19 has shown people who can, want to work.
If the forum is for LTD, that would include my Husbandâs disability. But again, disability is disability. once its awarded, unless new medical info is provided to invalidate your qualifications, what has happened is illegal. What the individual I responded to had said, is that it is possible to transfer between provinces. That was incorrect.
So your husband qualified for AISH in Alberta, but does not qualify for ODSP in Ontario.
Is that correct?
You were talking about ODSP.
Are you saying that there SHOULD be 1 definition of disability?
There are many.
Each province has itâs own definition.
So does each insurance company./policy.
Then the federal government is different again.
Moving between provinces and keeping LTD or CPPD should be possible.
Keeping the provincial plan should be possible according to the province but youâre saying it wasnât for you?