I am currently receiiving Ltd through my workplace and will hit the 2yr change of definition from “own occupation to " any” occupation in December. I have received my last faf for work and once received work has asked me to resign my position because my restriction states i can not drive longer than 20 min and i current commute 45min to 1 hr to work. I just received a call from ltd insurance stating they have sent my claim to the rehab section and will let me know the outcome of that however i can expect my claim will only be payable until Dec and my claim will be closed. I asked if rehab would help me in finding a job that was closer to home and was told by my case manager that they may give me a few ideas about jobs in my area but thats it. The reason i have a long commute to work is because there are few jobs in my area so i am concerned that ltd will not be helping me find something. Has anyone else gone through this and what was the outcome? I am 100% ready to find a job but desperately need some assistance as i have been at my current job for 9 yrs. Any ideas/ assistance would be appreciated.
Personally I would not resign–but try to make the commute. Is the change of definition say you have to be able to do a job that is a certain % of your income? A lot of policies have availability of work is not considered. The issue is if you have to go on leave in under a year-most ltd/std policies require a year for any pre-existing conditions.
They do not have to help you find work.
Yes my policy says 60% of my wages. So if im not able to find work at all, then i am not making 60% of my wages. Im not understanding how they can say they will cut me off. Unfortunately my case manager is off on mat leave and the new case manager will not explain anything to me. He just keeps saying the claim is no longer payable after Dec. I am waiting to hear back from work and insurance but i am thinking a return to work is in my future.
I think it just means in theory (at any job anywhere) that you theoretically could make 60% of your current salary.
Most policies explicitly say that “availability of work” is not a consideration. They are only considering your capacity to do real world employment in the abstract.
Also, unless driving is a bona fide occupational requirement for your work, then inability to drive to and from work is not considered as part of the definition of disability. In other words, if the commute to work is the only reason a person couldn’t do job, then that person would not meet definition of disability under policy. If the person was a courier or truck driver then it would be different.
That being said, you should not just give up if they stop your payments at the change of definition. You should consult with us or another disability law firm for free advice. It is important that you avoid making classic mistakes between now and the end of the COD.
Disability Lawyer with Resolute Legal
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