Hi, I was in receipt of LTD benefits (Manulife) in 2015 until I was cut off in Oct 2016.During the time I was on LTD I was advised by my case worker via mail and phone that I was obligated to apply for CPP disability and I did apply and was denied.After informing my case worker he advised me to appeal which I did and it was also denied.
Oct 2016 Manulife terminated my LTD and I was at that time faced with zero income after a phone call to service Canada I was told that I could reapply for CPP which I did.
Service Canada approved me for CPP disability in April of 2016 and awarded back pay to when I first applied (sometime in 2015) this totalled to around 19k.As part of my appeal process I informed Manulife that I was approved for CPP and I sent them copies of my paperwork.The appeals specialist informed me that this fact would not impact my appeal for reinstatement of LTD and made no mention of an overpayment.
Considering I had zero income from Oct 2016 too April 2017 those funds were used to pay off debts incurred during that time and help with cost of living moving forward. About 3 months later (end of June 2017)
Someone from Manulife inquired and advised me of an over payment issue and demanded 14,000.
Obviously I did not have access to that amount of money and I asked if this is something that could be resolved via my appeal process a d was told that yes it could be resolved that way.
I subsequently had to sell my home due to affordability and moved.I notified both Manulife and the employer about the change of address but any mailing did not come to my new address nor did I receive any calls regarding the issue.
Now Aug 2018 I have been notified that the employer is seeking these funds and I am scheduled to appear at a hearing shortly (I will add that I will have Union representation but I lack confidence in getting proper assistance)
I feel that since I applied after being cut off LTD and the fact that I was not informed of this issue of over payment until months after receiving it that I have a difficult time understanding why I would be required to pay this amount.
I am permanently disabled and have a very low income (CPP and a small disability pension) 34k per year.
I have no access to the amount of money they are demanding and can barely afford my current Bill’s so a money payment is near impossible as well.
I do have a pending grievance ove the LTD issue and also have a WSIB tribunal hearing scheduled for Nov 2018 and would at least like this issue of over payment set aside until that time.
I have resigned my position with the employer a few months ago.
Any advise would be greatly appreciated
I know that this is not how things are done but being a logical person it seems to me that by telling you to payback the “disability funds” you are receiving from CPP the insurance company is acknowledging that you are indeed disabled and therefore should be following their contract with you and compensating you for your state of disability…
If that is the case then , as I have done, tell them that the only way they get that money is if they have me as disabled.
One thing to check up on is if CPP has sent the insurance company the funds for the overlap time. I have a statement to that effect and yet the insurance company is still harassing me saying I owe thousands.
Just more evidence that I am collecting for the lawsuit against the insurance company.
Best advice I can give is that you have a great lawyer in your corner.
Are you allowed to hire a disability lawyer or are you limited to the union grievance process?
If LTD insurer cut you off then why would you tell them that you were approved for CPPD? Most probably they wouldn’t find out.
They may not reinstate your LTD but would get every last penny that you have out of you.
Union is the only option and a separate specific grievance in regards to the LTD is ongoing.
The overpayment issue has been passed from the insurance company to the employer and the employer has filed a grievance against me for refusal to repay.
My biggest issue is that neither the insurance nor the employer mention this issue until months after I received the funds and had spent then to repay debt incurred after being cut off.
My pension has approved me for disability pension and the definition is exactly worded the same as insurance for post 24 month disability “any occupation” so hopeful to win that grievance as well as a WSIB tribunal hearing in Nov (I was critically injured on the job,returned to work 3 years later then was pulled by doctors and claimed a recurrence which was denied) so I have a few balls on the air.
I was in the process of appealing LTD and I notified the insurance company that I had been approved for CPP because I logically assumed that fact would improve my chances of winning the appeal (it did not help)
So in hindsight I should have kept quiet.
Live and learn
I think having CPP-D should help getting LTD reinstated.
Good luck.
Your employer/insurer breached the contract when they denied you your contracted benefits. You can argue that they can not rely on a contract for repayment that they broke.
Read the master policy-or get a copy–read how overpayments are to be repaid.
You can bankrupt or consumer proposal the amount owing if it is workable for you.
Post more later–just at work
Yes I’m hopeful
Thanks
Good point ,perhaps that angle might work.