if someone has been off on std for illness and ltd is denied due to a pre existing condition clause in benefits could they claim ei sick benefits…? or could they if they went back to work for an hr and then left as couldnt do the job
Yes, if you get an employment record from your employer that you are off work due to sickness/illness then you can apply for EI sickness benefits if you aren’t receiving LTD.
On a side note, can you share the details of your LTD pre-existing clause denial? The reason I ask is because I have helped 3 people who were denied LTD benefits with the pre-existing clause that was used incorrectly, and a simple letter notifying the insurer (we cc’d employer, a law firm, and news media) that the insurer has breached the LTD contract. Within a couple weeks (4 days in one case) they were all provided their LTD benefits, with back pay .
The insurers made the following mistakes (possible they did it on purpose).
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In one case there was actually no pre-existing clause in the LTD master policy at all, so LTD benefits should never have been denied.
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In the other two cases, based on the master policies, the pre-existing clause can only be used to deny a claim if a claim is made withing the first 24 months of the LTD policy being enacted. In both cases the LTD policy was in place for over 36 months when claim was submitted , and therefore the pre-existing clause could not be used by the insurer.