Recurrent Disability: What It Means & Your Rights in Canada

Recurrent disability is one of the most confusing parts of long-term disability (LTD) insurance. Many people return to work after recovering from an illness or injury, only to relapse weeks or months later. When that happens, you may worry about whether your LTD benefits will restart — and whether you’ll have to start the entire process over again.

This guide explains what recurrent disability means, how insurers apply this rule, and what your rights are if your claim is denied or delayed.

What Is a Recurrent Disability?

A recurrent disability happens when:

• You previously received LTD (or short-term disability) benefits
• You returned to work
• Your original medical condition comes back or worsens
• You can no longer work again

Most insurance policies treat this as a continuation of your previous LTD claim, as long as it happens within a certain timeframe (often 6–12 months).

Why this matters:
If your relapse is considered recurrent, you usually don’t have to restart your waiting period or elimination period. Benefits can resume faster — sometimes immediately.

How Insurers Decide If Your Disability Is “Recurrent”

Every policy has its own definition, but insurers typically look at:

1. The Relapse Timeframe

Most policies say a relapse within 6 months or 12 months of returning to work counts as a recurrence. Outside that period, insurers may treat it as a new claim.

2. Whether It’s the Same Medical Condition

The return of the original condition or symptoms usually meets the test.

3. Whether You Attempted a “Return-to-Work Program”

If your insurer approved a gradual or modified return-to-work plan and your symptoms return, this almost always qualifies as recurrent disability.

4. Medical Evidence

Insurers will request updated medical notes showing that your relapse is linked to your original disability.

What Happens to Your LTD Benefits During a Recurrent Disability?

When your relapse qualifies as a recurrent disability:

• No new waiting period
• Benefits resume at the same rate as before
• The same “own occupation” or “any occupation” test applies, depending on where you were in your claim
• You maintain your original claim status (including how close you were to the 2-year “change of definition” point)

If the insurer says it’s not recurrent, they may:

• Force you to file a new claim
• Require a new elimination/waiting period
• Delay or deny benefits

Common Conditions That Lead to Recurrent Disability

Some illnesses naturally flare, recur, or cycle — making relapse more likely:

• Depression and anxiety
• PTSD
• Chronic pain and musculoskeletal injuries
• Fatigue-based conditions
• Long COVID
• Autoimmune disorders
• Neurological conditions
• Back, neck, and spine injuries
• Migraines

If you have an invisible disability, symptoms can return without warning — and insurers can be more skeptical.

Why Insurers Often Deny Recurrent Disability Claims

Insurance companies frequently push back on recurrent disability claims because approving them means paying benefits again right away.

They may deny or delay your claim by arguing:

• Your relapse is not related to your original condition
• Too much time has passed
• You “improved enough to work”
• You didn’t follow a treatment plan
• Your medical notes don’t show a clear recurrence
• You left work for another reason (stress at work, conflict, etc.)

If this happens, you still have strong legal options.

How to Protect Yourself if Your Symptoms Come Back

To strengthen a recurrent disability claim:

1. See Your Doctor Immediately

Get an appointment as soon as symptoms return. The timing of medical documentation is crucial.

2. Explain Clearly That Your Symptoms Have Returned

Use the same language you used when you initially went on LTD.

3. Follow Recommended Treatment

Insurers look for consistency in care.

4. Notify Your Employer and Your Insurer Right Away

Delays can make insurers skeptical.

5. Keep a Record of What Happened

Document dates, symptoms, and conversations.

What to Do If Your Recurrent Disability Claim Is Denied

A denial doesn’t mean you’re out of options. Most long-term disability denials can be overturned — especially when the relapse is clearly linked to your original disability.

Our disability lawyers regularly help with:

• Benefits cut off at the 2-year mark
• Claims denied for “insufficient medical evidence”
• Mental health recurrence denials
• Chronic pain relapse cases
• Claims where insurers say “this is a new condition”
• Situations where insurers demand a new waiting period

When You Should Contact a Disability Lawyer

You should reach out if:

• Your insurer refuses to treat your relapse as a recurrent disability
• Benefits are delayed or cut off
• You’re told you need to restart the waiting period
• You’re pushed into a return-to-work program you can’t handle
• Your mental health or pain symptoms return quickly after returning to work
• You’re worried about the 2-year “change of definition” rule

Speak to a Disability Lawyer About Recurrent Disability

If your symptoms have returned and your insurer isn’t helping, you don’t have to navigate it alone. At Samfiru Tumarkin LLP, our disability lawyers across Canada know how insurers handle recurrent disability claims — and how to push back when benefits are denied or cut off.

There are no upfront fees, and you don’t pay unless we win.

📞 Call us at 1-855-821-5900, email help@disabilityrights.ca, or use our online form for a FREE consultation.