How LTD and CPPD Work Together | Disability Law Show TV – S7 E17

Episode Summary

WHAT TO REMEMBER ABOUT LTD AND CPPD: HOW THEY WORK TOGETHER on Season 7 Episode 17, the Disability Law Show with Disability Lawyer and Partner, Tamar Agopian.

Watch above to discover the steps you must take when the insurance company cuts off or denies your long-term disability claim anywhere in Canada, on the only disability law show on TV and radio in the country.

Episode Notes

Forced to attend an IME despite severe depression

After many disability claims with the same insurer over the years due to severe depression, I was deemed unable to work in any occupation. Despite this, I was forced to attend an assessment and given a return-to-work plan. What can I do?

• Independent medical assessments: Claimants should listen to the advice of their treating medical teams and specialists. While claimants must attend an independent medical examination when requested, ultimately, the advice of a claimant’s treating doctors is considered more valuable. For the majority of legal claims, matters are resolved in a mediation.

Disability insurer pressuring employee to return to work

A friend of mine recently had knee surgery and was on short-term disability leave. Her doctors believe she’s still unable to work, but now the insurance company and her employer are pressuring her to return. Can the insurer decide when an employee must return from disability leave?

• Returning to work from leave: Insurance companies often imply it is their decision when a claimant is ready to return to work, when it is not a legal decision. This is common during a transition from short to long-term disability benefits, particularly if the insurer is the same for both claims. Claimants should ensure their medical team is engaged in the disability claim process. The support and advice of a medical team cannot be ignored.

What to remember about LTD and CPPD: How they work together

• Disability policy provisions regarding CPPD: Many disability policies contain a provision regarding CPP Disability deductions. Claimants need to have a copy of their policy that is easy to access. This provision typically states that the insurer will pay benefits of a particular amount, unless the claimant is eligible for other sources of income, such as CPP Disability.
• Approved for CPPD: The test to qualify for CPP Disability is more difficult than long-term disability, as claimants must prove they have a severe and prolonged disability. Approval for CPP Disability can strengthen a long-term disability claim. 
  
• Refusing to apply for CPPD: Some long-term disability policies state insurers can take an estimate of benefits, even if a claimant has not applied for CPP Disability and deduct accordingly. Refusing to apply can also be viewed as non-compliant by insurers.

Loss of employment while on long-term disability leave

I received a letter from my employer stating they were undergoing a mass restructuring, and my position had been eliminated. I’m currently on long-term disability leave due to a cancer diagnosis. If I lose my job, will my benefits end?

• Employment and disability rights: Employment and disability issues can often overlap. Termination of employment does not necessitate an end to disability benefits if the claim is ongoing. Severance pay, however, can impact disability benefits. Claimants must seek legal advice from an employment and disability lawyer well-versed in both areas of law.

PREVIOUS EPISODE: Disability Law Show S7 E16 – Long-term Disability Appeals – Fact or Fiction?