wcb,LTD and CPP


#1

I have been accepted on wcb in 2014 and denied 2 mo later when my condition changed from neuropraxia to CRPS of tje lt.arm I was on EI for a few mo until LTD accepted my claim 6 mo later. I fought wcb for 4 years and I am to get a decision soon about the wage loss and disability award. LTD is pressuring me to apply for CPP that hd been previously denied.I am being told that the CPP will be deducted as back pay. I am also supposed to give them the wcb awards.Is the total sum going to exceed the amount they paid me or they could only keep the 70% my previous celary they paid me? It seems that I am crippled for life but cannot improve my life? Would I benefit from shaking LTD if I get wageloss replacement from wcb retroactively and apply for CPP while on WCB?


#2

If you don’t apply for CPP-D your LTD insurer can start deducting estimated CPP-D amount from your LTD payments.

You should read your LTD policy to see what is allowed to deduct from your LTD amounts.

They usually deduct dollar-for-dollar if that’s the case and not % amount.


#3

I never recommend voluntarily “letting go” of any benefits plan that is still paying you or that you have a legal right to pursue for payments. If you get CPP or WCB retro payments, the LTD insurer is entitled to be reimbursed 100% of what they have paid you. So, the CPP and WCB retro payments would reimburse the LTD until it is 100% repaid and then you would keep the excess of any back payment.

Going forward (assuming WCB and CPP were both approved) you would receive CPP and WCB monthly payments and is quite possible there would be no payment owed by the LTD Insurer due to the offsets. However, you don’t let go of the LTD claim because if WCB ever stopped payments, then the offset would stop and the LTD insurer would have to step back in to make the payments (I have seen this happen).


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 reliabile 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.


#4

if approved wcb; in appeal process now; how long are they obligated to pay me for; as i do not ever see the situation getting better in my work environment that I could every go back there