I’ve gotten a hearing date but the issue is that the lawyer I was given by the insurance company doesn’t know if I should be withdrawing or not. He won’t give me an opinion either way even though he has my files and has been working on my case. On the other hand the insurance company is trying to say I should be trying to go back to work. To me, they’re telling me two exact opposite things. My issue is I don’t know if I’m unable to work for the rest of my life (which is what the lawyer is saying should be the case for me to do the appeal). I’m not medically ready to go back to work right now, but I also don’t know if I’m out of the workforce for the next few decades, which is what the lawyer is saying should be the case. He’s saying if I think I’m unable to work from now until 65 to do the hearing but if I don’t think that’s the case to withdraw. Now I’m not sure what to do. How long in advance does the SST need if I do withdraw from the hearing? Has anyone not done the tribunal and gotten their LTD extended for a little longer? Is that even an option?
I don’t know what an LTR is, but I don’t think you should be relying on your insurer’s lawyer or your LTD insurer to decide on your medical condition or prognosis. I’m also not sure why you need to consider decades rather than the next few years.
I’m assuming the tribunal is for a CPP disability denial and by LTR you actually mean LTD??
My advice: take it with a grain of salt but I say the following with your best interest.
If you are unable to work right now then please go through with the hearing to make sure you get the financial support you need. If down the road you recover enough to return to work, then great, but for now withdrawing sounds like a bad idea.
If you do withdraw your CPP-D appeal you might contractually be giving your LTD insurance company the ammo to offset your LTD by the amount you would have gotten from CPP-D anyways. It depends on your policy and and any subsequent documents you may have signed.
I see withdrawing from the hearing only hurting you with no upside.
Edit: without knowing more details it’s hard to give advice…
The way the lawyer phrased it to me was the following way:
Applying for CPP-D means you’re basically saying that you won’t work ever again, basically it is for the rest of your life (severe and prolonged). It is not a temporary condition. Your condition will have to be considered to be prolonged and you will not have the ability to work in the “foreseeable future”. To clarify what “foreseeable” means in this context is what a reasonable person would conclude to be an indefinite period of time. However if you did happen to improve in the future with further treatment and it was unexpected then you could notify CPP disability and they would stop payments when you work again. It is not a temporary disability payment it is supposed to be until age 65.
Yes, sorry. I did mean LTD. These are the levels of mistakes I make all the time lately. Reading comprehension, concentration, etc., is all low.
I replied to Caro with what the lawyer told me about not being able to work and how they’ve been phrasing it. Anyhow, one issue I’m coming across is I asked the insurance company what it means either way with the hearing. I didn’t say I’m thinking of withdrawing or not. I said I want to know all my options and they won’t give me an answer. Do you think I need to write back and be a bit more stern asking what the various results of the hearing mean for me going forward with LTD?
So I don’t know what to do next. I feel utterly hopeless and lost here.
Nah the insurance company isn’t the holder of the CPPD options so don’t ask them. The only questions are, is your condition severe? And is it prolonged? My understanding is that prolonged means in general at least 12 months. The fact that you might in some alternative universe be able to work again in 10 years doesn’t change that your condition is both severe and prolonged right now. I mean, if someone invented in 10 years an external machine to replace the function of my broken organs I could go back to work too but until then I’m stuck with CPPD. I wouldn’t hesitate to proceed with the appeal if I were you.
Don’t fret my fellow disabled friend. You are neither lost nor hopeless. We are all here to help.
The LTD insurer won’t ever tell you what their strategy is. They are definitely aiming to get you approved for CPP-D as they can then reduce your LTD payments by the same amount of CPP-D you qualify for.
If you are approved for CPP-D after the tribunal hearing that’s great. Also if CPP-D is denied again, then your LTD insurer will be legally required to continue paying you as long as you meet the definition of disability in your policy.
It’s sounds like for some reason you think your LTD payments will stop if your CPP-D hearing appeal is denied. The LTD insurer CAN NOT stop paying your LTD for the sole reason of a CPP-D denial. So again, you might as well follow through with the hearing.