Return to Work and Long-term Disability FAQ

If you’ve been off work on long-term disability (LTD), making the decision to go back to work can be a difficult one. Often insurance companies will try to pressure claimants to return to work before they are ready or able to. If you’re trying to decide whether you should return to work from a disability leave, read on.

The disability lawyers at Samfiru Tumarkin LLP have created the FAQ below to answer commons questions about long-term disability claims and the return-to-work process in Canada.

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When should I consider returning to work after being on LTD?

You should only consider returning to work (full time or gradually) when two things happen:

1. You feel that you are ready to try to return to work
2. When your doctor clears you to try and return to work. If you do not feel ready or your doctors do not feel that you are ready to return to work, you should not attempt to return to work or else you may cause yourself harm.

Can my insurer force me to return to work?

No, your long-term disability insurance provider can’t force you to go back to work. There are no “ifs”, “ands” or “buts” to this question.

Your insurer can not put a gun to your head and force you to go back to work. The most they can do is threaten to stop your benefits. They may tell you that your benefits will end if you do not try to go back, but they cannot physically force you to go back to work.

It is absolutely crucial to understand that you must not give in to your insurer’s return to work demands if you do not feel ready to go back or if your doctors have not cleared you to try to go back to work.

Tell your insurance adjuster in writing

If you do not feel ready to go back to work, or if your doctor has not cleared you to go back, you should advise your insurance adjuster of this in writing. This should be done via email.

Simply state that you would like to go back as soon as you feel ready and as soon as your doctor clears you to go back, but right now you are not ready and you are concerned that this request by the insurer is premature and could cause you harm. Ask your doctor to provide you with a letter confirming their opinion that you are not ready to go back to work and include that with your letter or e-mail to your adjuster.

Remember: your insurer can not force you to go back to work before you are ready. If they continue pressuring you, harassing you and bullying you to return to work before you are ready, contact us immediately.

If your insurer tells you that you must return to work (before you are ready) or else your benefits will end on a specific day, you should contact us immediately because the insurer is in breach of the insurance policy and you need legal advice immediately on how to proceed in order to protect yourself and ensure that they pay you the LTD benefits you are owed.

WATCH: Disability lawyer James K. Fireman discusses the return to work from a disability leave on Season 3 Episode 27 of the Disability Law Show.

What happens if I return to work and I realize that this attempt was premature and I am still disabled?

Most LTD insurance policies contain a “recurrence clause” that allows you to go back on claim if your return-to-work attempt has failed. In such cases, you need to do three things to ensure that your LTD claim is reinstated:

1. Record your return-to-work attempt

Make sure that your failed return-to-work attempt is recorded by your employer or HR department. It is important that you are communicating with your employer regarding the issues you are experiencing when you return to work (i.e. any symptoms, pains and limitations that prevent you from performing your work duties).

2. Follow up with your doctor

Follow up with your doctor about your return-to-work attempt and any issues you experienced as a result. It is very important that your doctor is aware of these issues because if you need to go back on LTD, you will need your doctor’s support for that move.

3. Tell your adjuster

Communicate to your adjuster (in writing – i.e. via email) what happened when you tried to go back to work and why you feel that the attempt has failed and you need to be placed back on LTD. Enclose any letters from your employer and doctor in this regard. It is especially important to provide a letter from your doctor supporting the reinstatement of your LTD claim.

When can I ask to go back on LTD if my return-to-work attempt has failed?

Under most LTD policies you have a limited amount of time to trigger the “recurrence clause”. Typically, it is within six months of your initial attempt to return to work. That means that if you return to work and need to go back on LTD after the expiry of the allowable time period, you may have to submit a new disability claim (STD or LTD). You should review your own specific LTD policy for the time limit in this regard.

What can I do if my insurer refuses to reinstate my LTD after a failed return-to-work attempt?

You should contact us immediately so that we can advise you on your legal options. This is very important because your insurer will likely not back down or change its mind without legal action. The longer you wait or try to “appeal” the insurer’s denial or refusal to reinstate your LTD claim, the longer it will likely take to resolve your claim and have your benefits paid to you.

Remember as well that once you receive a denial from your insurer, you have up to two years to start a legal claim to recover the benefits owed to you. After the two year mark, you will likely be unable to force your insurer to pay you what you are owed.

Questions? Concerns? Contact Us!

If you are experiencing an issue anywhere in Canada (excluding Quebec) with your long-term disability claim, your employer or the insurance company, we’re here to help. Call our team at 1-855-821-5900, email Help@DisabilityRights.ca, or contact us online for a FREE consultation.

You can also post your specific question about your long-term disability claim online for a quick answer by a disability lawyer at Samfiru Tumarkin LLP, at MyDisabilityQuestions.com.

As Canada’s most positively reviewed disability law firm, we have the experience, tenacity and determination required to provide you with the advice you need, and the compensation you deserve.