I found this site and was so relieved! As this article Mental Illness and Applying for Disability Benefits - Resolute Legal Disability Lawyers is exactly what is happening too me! I have documented severe anxiety and have had 2 manic episodes brought on by serve stress (I have 15 year old twin boys with autism…PTSD from a number of incidents related to one of my son’s being abused in a school as well as a stalking ex-finace…) lol sorry just trying to ‘qualify’ my need for help! 2 doctors my GP and my psychiatrist have written letters to inurance company (manulife) that I can return to work but need a new job role. They refuse to take what my doctors are saying and are trying to bully me back into a full commission role with a large canadian bank as apposed to medically making them help me find a less stressful job. What can I do? I want to get legal advise as what they are trying to do to me is total bullying and wrong…
Can someone please direct me…I’m appealing their forcing me back to work as I speak, h/e I think I need legal help! Thanks in advance. M
Oh Marcy I can’t believe no one responded to you! This happened to me while I was on LTD. Doesn’t your Employer have to “accommodate” you with regard to coming back off STD? I really think your options are along the lines of getting cut off STD for refusing to return to work without accommodation; then suing the Insurer; but then the Employer can terminate your employment because you’ve refused to return to work. You need to find out what your Employer’s policy is regarding STD. You can go to a Disability Lawyer and get a free consultation to find out if you have a case or not - or call a lawyer at Resolute Legal (I believe they also give a free consult).
Unfortunately for me - I succeeded with STD but that’s only because my Employer was paying it. But I was cut off of LTD after 2.5 years; and terminated from my Employer a year after that. The Insurer was “forcing me” back to work as well and refused to listen to my GP and my Specialist because they found a Dr. who stated I could work a sedentary job (which I was what my job was in the first place but highly skilled); and a Chiropractor who confirmed it. They don’t care what our Dr’s say - only what the Dr’s that work for them say. Your choices are slim - go back to work and/or don’t and get terminated - leaving you without an income but you could fight with the insurer with a disability lawyer. The Insurer does this on purpose because they know they’ll win and maybe 10% will fight them. 90% can’t afford to do without a paycheque so they suck it up. It stinks big time. You can’t believe how angry I’ve been for the past few years because of what my Insurer forced upon me! We had only my husband’s income and were looking down the canyon of bankruptcy and homelessness.
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Who is “they”, manulife?
You need to talk to HR about getting accommodation in your job.
I think it is up to you to identify problem areas of your job and ask for specific accommodation.
If you need a new job then talk to HR.
I don’t think the employer has any obligation to keep you at your current salary, they could have you filling envelopes for example.
I think HR may be able to help you, I would definitely talk to them. http://www.kellysantini.com/articles/duty-accommodate-dos-and-donts-guide-returning-injured-disabled-employees-work-0
I apologize for the late reply. No one can force you back to work. Your doctors should give off work notes directly to your employer. If the insurer continues to refuse STD / LTD benefits, then you will have to file a lawsuit against your employer / LTD Insurer. Your situation is very common and we see this all the time with large financial institutions in Canada.
David Brannen
Disability Lawyer with Resolute Legal
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