I have been on LTD since 2004. After two failed returns to work, they requested I apply for CPP disability. I was denied in 2009. I have just received contact from a company who has been contracted to reapply on my behalf for CPP-D. I don’t want to go through this process again as I find it very stressful.
Do I have an obligation to do so?
It sounds like they’ll do it all. No?
I think you have to do anything reasonable they ask.
Do you have an “any occupation” clause in your policy?
They say they do it all. I have a “gainful occupation” clause
If you did not take your CPP appeals to a final decision at the review tribunal / Pension appeals board (back in 2009), then unfortunately you probably do have an obligation (under the LTD policy) to follow the CPP appeals through to the end. If you don’t cooperate you risk them estimating and deducing the CPP disability payment amount, even though you are not getting it.
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.
You were right, David. This is exactly what they did…sent me a letter saying I have 30 days to begin the reapplication process so here I go again .
Because they don’t want to have to continue to pay if CPP-D can take over some of the payment.
So they were ok with paying for 9 years but now they’re not.
Doesn’t seem logical.
They are looking to reduce what they pay her going forward. The retroactive payment can only go back 12 months from the date of application, so they aren’t recovering much for back payments. This is about reducing what they pay going forward.
When insurers have thousands of open claims, getting them all approved for CPPD saves them a lot of money going forward.
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.