I’ve returned to work recently doing minimal hours. It’s going to take me awhile to get to full-time (if ever).
I have mental health issues caused by a workplace violence situation. And it was poorly handled by my employer to the point where my employment was threatened for coming forward.
I’m coming close to my 2 years and gathering doctor’s info for the insurance company to do their evaluation. My drs are providing supporting letters to state that I cannot do other work.
Once I’m approved for benefits (I know it’s going to be a struggle) beyond the 2 year mark how long will the insurance company continue to pay me? If it takes me another year to get to full-time will they still pay? What if it’s longer?
As long as they want.
The insurance company might just not approve you beyond 2 years since you can work.
But you can work but maybe not more, you say “minimal hours”.
I think you should talk to a lawyer if you’re denied after the CoD (Change of Definition).
Until then, try not to worry.
In the majority of cases insurance companies will only “top up” employment earnings for a short period of time. They usually call this a rehabilitation period at the end of which they will deem you capable of full time work, even if that is open for debate, or just not true.
It is very rare for an insurer to pay benefits for more than a few months, unless your policy has a “partial disability” clause (which is very rare).
Make sure your struggles are reported and documented by your doctor. Give a full effort in good faith to try and return to work and keep working. If the insurer gets the sense that “employment issues or harassment” are a reason for you being unable to work with “that” employer, they may say you could be able to work for another employer where those employment issues are not a problem.
You should not count on there being ongoing LTD payments if you continue to work, even on a part-time basis.
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 reliable 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.