I have been on LTD for 4 years now. Lately I have been feeling a bit better and planning to go back to work. My question is that what if I start working and in a couple of months my condition again gets worse and I am unable to work further. Would I be able to go back on LTD? Is it possible for the company to lay me off right after I join work again. I am also receiving CPPD benefit. How would CPPD respond in case i go back on Disability after resuming working for a month and 2 and then go back on disability?
My opinion is don’t, it is not worth the hassles.
The insurance company wants to get you off the books and thinks seem to be B&W with them, either you can work 100% or 0%.
Depends on how your policy is worded I think.
I suspect most that go on LTD go back to work after 6 months or not at all.
I think your individual LTD policy would determine what returning to LTD would look like if you needed to As far as CPP Disability goes I believe they have a rapid reinstatement program if you can’t stay at work bc of your disability and need to go back on CPP Disability. Not as difficult as doing the original application
Hi Andrew, before taking the jump to do any return to work it is important to know exactly what your LTD policy or Plan says about working and getting LTD benefits. Assuming you have a group LTD plan, some of these plan outright ban working and receiving LTD benefits. This is a newer thing that hasn’t been tested in the courts yet. But you need to know if you have one of the plans with that restrictive language. Some group plans have wording that would allow for you to work and receive LTD benefits. And the majority of plans have ambiguous wording which most insurers will interpret to say they only have to pay if you are off 100% or they will pay for a certain number of weeks for workplace transition, but that is it.
Most LTD plans have a re-occurrence clause. This means if you try to return to work and it fails after a few months, you can go back on your LTD claim or at least you have right to do so. Most often this will be in effect for 6 months. So, if you go back off work within 6 months you are good. Work one day over six months and you lost the right to the existing LTD claim. Again, you have to see what your specific policy says about this.
It is always possible your employer could lay you off. Or conclude that they can’t accommodate your limitations and then fire you because of “frustration of employment contract”. However, it is hard legally for them to do this. They have to do a lot of work to prove they can’t accommodate you. So if they just summarily lay you off or fire you, then you could have a claim for wrongful termination.
Finally, CPP disability is much better to deal with. They have a vocational rehabilitation program. While it isn’t perfect, it is my better to deal with than LTD insurers. CPP’s voc program allows you to work and keep the benefit. And if you go back off within 5 years you can get back on CPP disability much more quickly than doing a new application.
Hope this helps. I encourage people to try and return to work, but it can cause stress and issues with the LTD insurer.
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 for the detailed answer David. This is very helpful. One more question. What if the employer lay me off within that 6 months period. So lets say I resume work and 1 month after employer lays me off and 2 months after i again start to feel unwell. Would that 6 months still hold with the insurance?
If your employer lays you off, this won’t affect how the insurance views your case. You would still be considered capable of work. The focus is on your capacity to work, not if you actually have a job. In other words a layoff will not be considered a 'occurrence of disability". Unless the layoff is related you being unable to do the job effectively because of your disability. If this situation comes up, definitely get a consultation and individual advice as this is a complex scenario that will depend on the fact and wording of your policy.
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.
I have friends that were on LTD years ago, went back to work and the employer terminated their employment within the 6 month period and the insurer cut them off of LTD. I’m curious what the statute of limitations is on this as they may have a valid claim against their employer and insurer. I don’t think they really knew what their rights were at that time. @David_Brannen id_brannen
This would depend on the province they live in, but generally you have 2 years to file a lawusit. So it would be two year from the date of first denial of the LTD and two years form the date of termination of employment in most cases. You should get your friend to get legal advice, but if its more than 2 years could be problems with bringing a case.
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.
Hey there! Ive been on LTD for 8yrs. My insurance company stopped bothering me about 6.5yrs ago except my yearly doctor’s update they request. The first 1.5 of dealing with the insurance company was a nightmare. Very abusive. I was kicked off disability for being non compliant. My union advocate fought for me to be reinstated after 5months and 2 assessments by the companies specialists. I was approved on a new disability. Anyways these 8yrs have been horrible for my mental well-being. I feel like i have no purpose, no future goals , no ability to succeed. Ive been labeled as severly disabled. I started believing i wasnt capable of doing anything purposeful. My problem is in order to survive i have to continue claiming the title of totally disabled to get paid. And if i want to do better im not allowed to, cant volunteer, cant work, cant retrain. Cause if i do im saying that im not capable of returning to work. Which btw doesnt exist for me anymore, my nursing license expired after 5yrs of not working. So i need to retrain to be able to aquire a decent job. CPP was on board through theirs Vocational rehabilitation program. But they wont return my phone calls even after i followed threre instructions. I did six months of volunteer work, 30 hrs a week. To show im capable of retraining. They told me they were sending me a application package. It never came. And ive called probably 40 times since then about 6months ago, I made first contact in 2022, so ive been eager to try getting educated. Okay so ive applied to school to begin September 2024. I haven’t told anyone involed in my LTD claim yet. But i need to apply for a disability student loan which needs my doctors medical report to say im severely disabled to be approved. But if i tell my insurance company i will be kicked off my benefits, cause they dont support retraining that im wanting. And CPP wouldn’t approve either unless im in there program, which ive already explained is a joke. Another issue being if im wanting my doctor to report my severe disability claim for school, but also approve me being capable of attending a full time course load at school. Then also expect her to then fill out my yearly follow-up in August, for the insurance company, stating im still totally disabled in order to continue my benefits. Im stuck and have been for years now. Its like no one wants me to get better and get control of my life again. I know u probably cant answer this but, do u think i should try going to school and take my chances of my LTD benefits gertting cut off? Like i dont even know if I am capable of full time school for 2yrs. But I at least wanna try before i totally give up on having a future. Please help! Any input is appreciated. Ty.
That is quite the dilemma.
I sympathize even though I am not in that situation.
I wish I could do something but I am unable to.
My pay is not in jeopardy which is just as depressing.
Are you sure the insurance company would cut you off?
Can you do the school part time?
Hi Ananda, I am new to this forum and I want to say I totally understand that feeling of how being on LTD is so hard on your wellbeing. I too have been on LTD and about to lose my license from my regulatory college. On top of my medical disability, mentally has been extremely hard. Please know you are not alone.
Now in terms of your question, from what I hear, going back to school for the insurance people shows you are capable of work, so can be cut off.
I too question about the future and life’s purpose if I can’t get better to work again… like life is stuck. I hope you are doing better.