My health improved so My LTD was cut in May 2017. I did not appeal that decision. At the same time I was in vocational rehab trying to get back to my job with my employer. My employer said they have no job to offer me and it have been frustration of contract. No termination letter was ever issued. Now they made an application and are forcing me to give them a copy of my CPPD benefits application. I am not sure what to do?
Am I entitled to receive any severance?
Can I appeal my LTD benefits after 5 years of discontinuation?
Is my employer within their rights to ask me for a copy of my CPPD Application?
Please advise what shall I do in this tough situation as I suffer from several disabilities?
Your situation is way too complex for me to answer (and there’s not enough information). You may need to contact the lawyers on here for a free consultation as your situation is quite complex and no one would possibly be able to answer you given the limited information you’ve given. You’ve left out a lot of info (like what happened between 2017 and 2022?).
You would need to get a personalized legal consultation. Like others have said, this is a complex situation and will be very fact specific.
this seems like and example of an employer wanting the CPP application so they can see what the person listed as their “date of disability onset”. This is the date the person told CPP disability (in the application form) that they were no longer able to work in any occupation. Employers would use that as evidence of when the person’s employment became frustrated.
5 years late in appealing is definitely a problem, but there may be legal avenues to get around it. A lawyer would need to see the denial letter from the insurance company. The specific wording of the denial letters is critical on whether you will be barred from doing anything to appeal. It will also depend on what province you are in as the rules are different.
Whether you are entitled to severance will depend on the rules for the province you are in, whether you were in a collective agreement, the specific wording of any employment contract you had, and whether your situation qualified as a true “frustration of Contract”.
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 1-877-917-7050 to speak with a member with our disability claim support team.