I have been on LTD for almost 2 years now. I recently had a review done because at 2 years it changes over to any job. They determine that I can work a sedentary position. They refer to a computer business course I took in 1995. My health issue isn’t resolved yet and the next step was to have an operation since everything else hasn’t worked. My other concern is that I have not heard from my employer in almost 2 years. They did not try to accommodate me much before taking my HR’s advice to take time off. The HR thought it was my job causing me the issues and to apply for wsib. My dr didn’t think it was work related and so my HR told me about EI sick benefits and a bit about Ltd benefits. She was gatheringinformation fir me and i was also waiting for my roe so i could apply for ei sick. All of a sudden communication stopped and I received a call from one of management telling me to stop all communication with HR that she was on a medical leave. I was left with no help. When the new HR came in I had a very difficult time getting him to fill out the forms for ltd. I had to email management to ask the hr to please respond to me. He finally did it after 2 months and I haven’t heard from him since. What should I do at this point? I feel like everyone has abandoned me.
Sorry to hear about your situation. There are two things I tell people do:
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you want to appeal the denial of benefits at the change of definition (COD). I would recommend getting a consultation with a law firm that does long-term disability cases. You can reach out to us or another similar firm. You will want to consult with the law firm on what is the best path forward. You may need to do a legal appeal, which means filing a lawsuit against the insurance company for payment of benefits. Again, what is best for you will depend on your situation.
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The insurance will be telling your employer that they have stopped your benefits and that you are able to return to any type of employment. This will usually trigger the employer to send you a letter asking what your intentions are with return to work. What you need to do is have your employer write a sick note that you can give directly to your employer. The note should say that you are not capable of return to work at this time. You should also tell. your employer that you disagree with the insurer’s decision to cut off LTD and are appealing.
David Brannen
Disability Lawyer with Resolute Legal
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