I am on LWOP while waiting for LTD appeal result. My EI started and it shows benefit type “sickness-major attached benefits”. What does it mean? Service Canada told me that I can also apply for EI after my sick leave ends? Why is that? I am in a permanent position, am I not qualify for DI?
EI sickness is paid to people who are incapable of work because of illness or injury. It is a type of short-term disability benefit that is paid before a person’s LTD benefits kick in. You could possibly apply for Regular EI after the EI sickness ends, but that is not a good idea if you have ongoing disability and your LTD claim is ongoing. You can’t get Regular EI and have an open LTD claim – you can do it, but it will make it impossible to ever get the LTD claim approved. This is because to qualify for Regular EI you need to certify that you are “willing and able to work”, which is contrary to claiming you can’t work because of disability. It gets more complicated and I am giving general advice here.
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.
Thanks a lot David for your comment. I’m on EI but it will end this month. If my DI doesn’t get approved, I don’t know what to do. My doctor has provided enough information. Thank you.
If the long-term disability gets denied, consider seeking help from a disability lawyer for the appeal. Some lawyers (us included) will help early on at the internal appeal stage to try and get faster approvals. There are often options for no-win, no-fee type arrangements. You can reach out to our support team if you want to learn more about this.
I am just waiting for their response on my appeal. I will definitely contact you if it gets denied again.
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