Non-Support, forced back to work, when not capable?


#1

So, even though I have seen personal physician and psychologist on a regular basis for anxiety/panic attacks, and they signed off on staying off work, I get the following…

As you are aware from previous letters, your absence from work with x------------- since x---------- was not supported by our absence management administrator, x----------- and as such, it has been unauthorized and you have not received pay since x-------. Despite three appeals, x------- has determined that the objective medical information you submitted does not substantiate your absence as being medically required or support your claim for Short Term Disability benefits (the “Non-Support Decision”). In addition, a call with your physician has confirmed that you are medically fit to return to work.

Given that you have exhausted your appeals and the Non-Support Decision has been upheld, we need to meet with you to discuss next steps regarding your x------ position. To that end, a meeting has been scheduled for x---------------.

I am pretty sure the discussion with my personal physician was distorted to serve their ‘terms and conditions’. He has said to me I am not ready to return.

There are no psychiatrists available for assessments for 6-12 months. The terms of the ‘Master Policy’ may require this??

What to do?

Thanks to all who comment.


#2

You sue. That is the best option. Request your claim file. Get a lawyer. Look into applying for EI


#3

Do you have it in writing that your doctor said you shouldn’t return to work?
I’m a bit cynical but it it’s not in writing, it wouldn’t surprise me if he says one thing to you and another to the insurance company.
I would also believe the insurance company twisted the doctors words.
I would also believe the insurance company never talked to your doctor.
Get a lawyer.
Apply for EI Sick Benefits.


#4

Allyoops gave you good answer, get EI sickness asap. In the meanwhile, talk to your family physician, understand what his stance is regarding your condition (very crucial to have the backing of your family physician). Since this is not LTD but rather STD, I would apply for LTD and speak to David s team (resolute legal) to take this to the next step. Sorry Jammer I replied to you instead of Trytosmile and cant figure out how to delete and reply properly :frowning:


#5

At the bottom of your posts there is a "… ", click on that and there is a picture of a garbage can. I think clicking on that will delete your post. I haven’t tried it though. I am on my phone, it may look different on a desktop.


#6

Check with your doctor to what he / she actually told the employer. If you have a medical note from your doctor that you are unfit to return to work, then you don’t have to go. Cooperate as much as you can, but this could be a situation of discrimination. The employer is not entitled to rely on the findings of an insurer or claims manager over your own doctor.However, there has to be clear information from your doctor saying you are not fit to work. if your doctor said that you are ok to do a graduated return to work, etc. Then you would have to do that in good faith.


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.


#7

Thanks David. I am seeing my doctor tomorrow.


#8

And if your Dr. did fill out any form ask for a copy. I always ask for a copy for my records.

But in this case it sounds like there may not be anything written down.

Good luck tomorrow.