End of benefits when you are no longer employed

Hi,

I’m wondering how it works when the insurance company determines that you are no longer disabled and we’ll enough to work but your employer has already ended your employment?

Do they suddenly cut you off and you’re on your own? Do they help with reorientation, gradual return/start of new employment? Training?

How does it usually happen?

I’m really worried I’m going to wake up one day and find out I’m cut off.

Why did your employer end your employment? I hope you got a huge severance package.

Forgot to add, if in the future you are suddenly cut off by your insurer even though your medical team says you are disabled from any occupation then get a lawyer that works only on contingency basis that specializes in LTD. They won’t charge you upfront and will only take a fee if they win your case or get you a lump sum settlement through mediation. With a good LTD lawyer you don’t have to do very much and they take care of everything.

They stopped renewing my contract a few months before the 2 yr mark.

I’m in Québec, i dont think that’s available here unfortunately.

Also I was unionized so I believe you can’t do much more than try to find someone from the union to assist.

I guess what I’m specifically wondering is whether or not the insurance company provides any support when it’s time to return to work?

Do they offer any re-training or perhaps compensation similar to a gradual return to work?

Or do they cut you off & leave you completely on your own suddenly, without income or new employment yet?

Does anyone know how it works?

I think it can vary depending on why they cut you off and what they think you can do.

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I agree with Caro.
It varies a lot.
I would expect the employer to provide support if you weren’t on contract and you were a lot less than almost 2 years on LTD.

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My file is being moved to the long duration team which apparently means they’ll only be contacting me once a year for an update via questionnaire. I’m supposed to get instructions on how to apply for QPP in the next few weeks.

Kinda shocked. But super happy and relieved.

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I know being ‘beyond all hope’ is a weird thing to be happy about but it does mark the removal of a heavy weight of worry.

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Just wondering, if you get a severance while on LTD, is it actually of any use?

Suppose you get 12 months salary as severance. Won’t the insurance company just not give you LTE benefits for the next 12 months? So, no net benefit of a severance?

Just wondering if my above interpretation is correct?

Nope,

It depends on the wording of the insurance policy.
I’d argue the income is from previous work and has nothing to do with disability.
I’d talk to a lawyer if I was in that situation.

Insurers treat this type of situation differently. Even within an insurance company, how they treat this can be different based on the situation and case manager involved.

The insurance company’s view on whether a person can return to work is only their opinion. But they don’t get the final say on whether this is correct.

What is most important is how the person and their doctor view the situation. Does the person and doctor agree the person can work? If not, you an successfully appeal. The fact you don’t have a job to go back to won’t change your right to benefits under the Policy.

Even if you want to try to return to work, you may stil want to file an appeal or lawsuit to protect your rights in the meantime.


David Brannen

Disability Lawyer with Resolute Legal

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