The big two years mark


#1

Just received a letter from insurance company asking about my work history for the last 10 years . are im the only one or does everyone get nervous when the insurance get on touch i dread them calling but they are the ones in charge. I guess after the two years i take it they decided if im fit enough for employment.


#2

I wouldn’t get nervous yet.

Are you in receipt of CPP-D?

I haven’t come close to 2 years yet.
I’ve already got CPP-D and been approved for any occupation.


#4

Have you applied for cpp disability?
It is not the tax credit.
If you haven’t applied the insurance company probably wants your work history so they can guess if they should approve you for any occupation.
If they approve you they will likely ask you to apply for cpp disability.
Have you talked to your doctor about whether he thinks you do any type of work again?


#5

Sorry jammer i do get cpp-d it just the any occupation think i don’t understand. I do have i good doctor who supports me. I just get nervous. The financial side of thing keeps me up at night if they were to deny my ltd what next


#6

My spouse was asked to send in his work history and education around the one year mark. They are likely looking at options for rehabilitation or if you have any transferable skills.

Answer honestly about your history. They may want it for their records and that is all.

Just because you may have transferable skills does not mean you can work if you could not meet the basic employment obligation of adhering to a work schedule.

If they follow up with an activity form you are under surveillance. If they send you a letter stating they feel your restrictions and limitations do not stop you from employment–run to a lawyer and sue ( Unless you have to go through an Union grievance process)

My advice would be to send in your work history and include a brief letter requesting a full and complete copy of your claim file. That would be reasonable and helpful if anything goes wrong.


#7

Getting CPP-D is in your favour for them not stopping ltd.
The definition of disability for 2 years is you can’t dp your own occupation (the job you were doing when you first got ltd).
After 2 years the definition changes to any occupation.
It doesn’t mean "any’ in a broad sense, it means “any” that you are qualified by education and experience.
Having been approved for CPP-D is a plus if you ever have to sue them.
Try not to worry about stuff you can’t control.
I have many years ahead of me and there is no guarantee my ltd won’t be stopped and I’ll have to sue.


#8

I was asked for my work history as well - however, I didn’t send it to them only because I know that they received it as per my LTD application. They approved me past the 2 year mark but within a few months I was then scheduled for an FCE with a Chiropractor - and because he said I could work a sedentary position - my LTD was cut off. I have a very high-end Specialist and they purposely did not send him a copy of the FCE to respond to and they would not listen to my GP and she was quite forward with them. 1st appeal was denied. I hired a lawyer and one year to the day that my benefits were cut off my Employer terminated my Employment as a “Frustrated Contract”. I wish you much success.


#9

Caramel, did you get CPP-D at the time your LTD was cut off?


#10

Jammer - yep I was on CPP-D within months of going on LTD. I was also JUST accepted for the CRA-DTC.


#11

Thanks caramel your an inspiration


#12

Sounds like me.
So you got ltd for 2 years and then a few months after 2 years they sent you to a FCE?


#13

This is a common request when the insurance company has hired a behind-the-scenes vocational rehabilitation consultant who will prepare a transferrable skills assessment. You should cooperate and keep in mind that (in many cases) judges give such reports much less credit when they are completed with no direct interview or consultation with you.


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.


#14

Yep - that’s what sunk me. The Chiropractor stated that I could perform a sedentary job and so the LTD insurer used that and cut off my benefits regardless of what my Specialist and GP had to say.


#15

Please know that a Functional Capacity Evaluation (FCE) cannot show that you can / or can’t do sedentary employment on a regular basis. FCEs are more like a snapshot in time and can’t be reliably use to predict success in the workplace. They are only one factor to be considered and must be taken in context. Also, as a former occupational therapist, i can tell you that many of the FCEs are performed improperly and therefore are easily challenged.


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.


#16

This is a great comment and why if denied a lawyer can be your best choice to get your claim on track!


#17

Hopefully i will not need one but at least i know were to go of i do


#18

I totally agree David - but in the insurer’s letter to me they stated that due to the Chiropractor stating in his FCE that I could do a sedentary position I was cut off benefits. It didn’t matter that they received scathing letters from my Specialist and my GP as to what they did and stating that the FCE was not something they should have gone by. I did hire a lawyer and we settled - but that settlement definitely didn’t put me back on LTD benefits. I was ok with the settlement and to be done with them and only because I had just turned 55 I was able to start my Company pension. I’m also on CPP-D and was just accepted for a CRA-Disability Tax Credit going back to 2012. Had I been any other age or wasn’t a long-term employee (36 years) I may have fought harder. Having gone through this hell I was happy to just get the settlement. I would like to see if I can also sue my Employer for terminating my employment under a “Frustrated Contract” clause (no severance/notice) as they knew full well that the Insurer was being sued and that at that point I was not quite well enough to go back to work. They put me on an “unpaid LOA” for a short period of time during my legal process and then terminated me before any resolution was made with the Insurer. 36 years of service is a long time to give to one company and it really felt like a slap in the face.


#19

Insurance companies know they shouldn’t go by FCEs but they know they can save money by doing so.
So they do it, it is very common.