Do you expect to improve?
Not sure if ltd can last for 30 years. They wonāt keep anyone for so long.
Iād rather get some settlement and move on with my life.
Not sure if they can bring such an argument to court as cpp-d and ltd have different criteria for evaluation.
Medical adjudicator mentioned in my denial letter that I have transferable skills and is able to earn cppd amount which is $800 in any employment even seasonal. I donāt think insurer can say such a thing.
Hopefully. This is the only 2 years of my life when I am inactive. Canāt be on disability for 30 years.
My perception of cppd adjudication is that they look at any type of employment. For example, you are a lawyer and canāt work at your current job but they say you are ok to be a seasonal cashier at a summer camp.
Your insurer cannot ask a lawyer to work as a seasonal cashier as laws donāt allow that.
Thatās the difference between ltd and cppd.
That is very true-your Insurer would have to ensure you could earn a percentage of your previous salary and be aligned to your previous occupation. However the higher the education and skill set often leads to more transferable skills. Unless it is a rarer skill like a cellist in the symphony.
We are talking settlement not court. If your Insurer wants to walk you into court most times it is because they think they can win or have ego issues and know they can appeal.
Often I meet people on ltd, workerās compensation or personal injury who had a mediation and a settlement. After talking to them I have a feeling that a lot of lawyers here try to get any kind of settlement in order to move on from the case. Not sure if they care much about their clientās interests rather about high volume of cases and settlements for their firms. I mean they will settle for $50,000 something that they can settle for $200,000 if they try harder.
Can you afford to be off work and not getting benefits for a few years? I would appeal the CPP-D and definitely go for the free consult.
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If I remember someone was asking on the forum if you can work during litigation. Can you work during litigation with your insurer?
I met a lady who had a car accident. Itās been a year and she is in litigation with her insurance company but she currently works at some office as well. Not sure how they look at personal injury vs ltd.
And there are people who donāt receive neither ltd nor cppd but they are disabled in some way. If you donāt have an insurance and didnāt contribute enought to cpp then there are financial assistance programs for this category. So you can use those while litigating with your insurer.
I think there is always hope.
Sorry for the delayed response hereā¦the answer is noā¦it is not better to wait and do CPP after LTD settlement. Even if you donāt apply for CPP-D, any LTD settlement will be based on the assumption that CPP would be approved and the anticipated CPP-D benefit amount is subtracted out of the LTD numbers either way. So you are always, way better off to have an open CPP claim and better yet to have it approved before going into any LTD settlement negotiations.
The insurance company will deduct the CPP-D from any settlement amount. Thatās the way they work it. This is something that we, as the insured, need to fight to have changed. Even if you never qualify for the CPP-D they still deduct it anyway.
Hi, I have also received these letters from my insurer (excerpt quoted below). Iāve read the many informative responses to similar situation, but Iām not sure if I saw any comment about what happens if my CPP-D is denied. Can my insurer also then terminate my coverage and payments? Can they deduct the estimated deductions even if Iām not approved for CPP-D?
Thanks.
Agreement Regarding CPP Disability and LTD Benefits
Please continue to pay normal benefits to me under this LTD plan while my application for disability benefits under the CPP is being adjudicated by the appropriate Government authority._
I recognize that (insurerās name) has the right to estimate the amount of CPP benefits, which may be awarded to me, and to deduct such amount from the LTD benefits payable to me under this group insurance plan. I understand that (insurerās name) reserves the right to resume estimating my CPP entitlement at any time and the right to resume payment of the lesser amount at any time.
I donāt think they can estimate and deduct if you are denied.
They could cut you off and make you sue to get benefits back.
It probably depends on why it was denied.
Thanks. Are they able to estimate and deduct anything from my LTD while my application is reviewed by CCPD? Iām in the processing of completing all the documents and just donāt feel comfortable with all these forms that my insurers wants signed back. Lots of legal mumbo jumbo language.
They could and probably will.
Mine did and I think it is very common.
Lucky for me I had already applied (3 months earlier) and a decision was made a month after the insurance company asked me to apply.
Could have had 4 months+ with reduced cost.
@David_Brannen, how do you feel about people applying before asked?
Wow thats not fair. I had no idea about all this and just concerned that they will deduct for who knows how long while Iām waiting for CPPD approval. If I am denied CPPD will LTD be adjusted back up to the original and get the deductions back? Gotta love these insurance companies!
I could be wrong, letās see what other people say.
My guess is they will stop payments and make you sue.
If the claim is adjusted back or you have to sue, you will get the money owed to you.
Maybe you will be approved.
It is hard not to worry but try not to.
Under most insurance policies, the insurance company can āestimate and deductā the anticipated CPP payment, while the person applies and does all appeals. I believe you would need to appeal as far as the Tribunal Hearing decision before most insurers would accept it as a final decision. They do need to reconcile with you if the CPP claim is ultimately denied, or if they haver over estimated the CPP disability offset amount.
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.
Thanks David thats helpful. Iāve completed and will be sending everything though but I was wondering when my insurers deduct will it be the CCPD gross or net amount as unlike my LTD payment, it is taxable.
I think it is gross.
They will normally estimate and deduct the gross CPP amount.