LTD and Employment Ensurance Benefits


#1

Currently have started a claim with LTD; my ei sick leave ended a month ago; I cannot go back to my current place of employment as its making me sick. If my doctor oks me to seek other employment and start regular EI; what happens with my LTD pending claim. Not sure how to proceed.

What are my rights since I at this point am still off on sick leave with company; if they have no other position for me.


#2

Your current employer has a legal duty to try to accommodate you (there are limits, “undo hardship”).
Your LTD will usually continue for 2 years for your current occupation.
If your doctor oks you to seek other employment (with your current employer?) then talk to the insurance caseworker about how to proceed.
Do you think you can do another job with your current employer?
If you have to leave your current employer then I would think you can look for another job while on LTD but I don’t know.

I would get a free consult from a lawyer.
https://resolutelegal.ca/free-consultation/


#3

after starting a claim for ltd; does this mean any other employer going forward i will be refused ltd as its was a preexisting condition?
Right now I cannot say if going somewhere else i would be fine or not .


#4

Typical in most group policies is an exclusion for pre-existing conditions. The time frame is often 1 year. Sometimes shorter or longer.

This is a good topic to raise and one we all should be aware of if we try a new employer and end up not being able to work.
You could certainly be at risk in doing so


#5

thought i could work somewhere else - but of course i do not know as still having problems; but doctor signed me off to pursue other place of employment because of money issues, started ei claim back up no money yet; but now i really think i should pursue long term dis; thoughts


#6

My thoughts-

you might have been over optimistic on your capacity to work and meet the basic work requirements of a work schedule, and break schedule. You would require an exceptional employer that would allow you to be unreliable in showing up due to illness.

There are time limits for long term dis. applications–you need to move fast and could call Resolute for a legal opinion.

See your doctor and tell her of your struggles with just trying to do a job search and apply for work given that you can not predict your symptoms.


#7

I think you should pursue the LTD claim with you’re current insurance.
Without being 100% positive that you can work, it is too risky to change employers.


#8

SO if i did go to work somewhere else; would not be able to go on their LTD until employed for at least a month?
How long does it take LTD to approve a claim?


#9

Usually it is a year till you can go on LTD. It depends on what your policy says. Mine says 12 month.

Depends on you case manager. It can take a month or much longer.