Disability Law Show

Returning to work successfully from disability leave | Disability Law Show TV – S6 E15

Episode Summary

RETURNING TO WORK SUCCESSFULLY FROM DISABILITY LEAVE on Season 6 Episode 15 of the Disability Law Show with a disability lawyer, national practice leader and Partner James Fireman.

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

Accessing mental health care while on LTD

I’m applying for long-term disability due to an ongoing mental health issue. I have had difficulty seeing medical professionals as there are not many available therapists and immediate treatment. What can I do?

  • Complying with policy provisions: To successfully apply and receive approval for long-term disability benefits, applicants must prove they are undergoing treatment for their condition. This can become a difficult task to accomplish with the lack of availability of mental health care. Claimants should seek the care they can access, like a general practitioner. Family physicians are also able to prescribe medication.

Applying for CPPD while on LTD

After a serious car accident a few years ago I applied and was approved for LTD. The insurance agent for my file is now requesting I apply for CPPD. Does this mean they are trying to push me into a basic disability program?

  • Reduced benefits while on disability leave: The CPPD is a government program and most claimants have the right to apply for it. The test to qualify for CPPD is much more difficult than that of long-term disability. Approval for CPPD can strengthen an LTD claim. Most disability policies contain provisions that entitle disability insurers to deduct a CPPD credit to offset their benefit payments. This will occur despite a lack of a CPPD application.

Returning to work successfully from disability leave

  • Approval from treating doctors: Claimants who are optimistic about returning to work should speak to their treating physicians. It is vital for claimants to only return to work if they have the support of their treating doctors.
  • Provide a detailed list of accommodations: Claimants can ask their doctors for a detailed list of limitations and necessary accommodations when returning to their workplace. Doctors should provide their opinion on the likelihood of a successful return to work attempt.
  • Doctor’s support to go back on leave: Claimants need to receive the support of their doctors if their condition regresses and they need to resume disability benefits. Claimants must maintain communication with their treating medical team throughout their return.

Denied disability despite depression

I applied for disability leave for depression and insomnia caused by grief, but my request was denied by the insurance company. I’ve appealed with a form my doctor filled out, recommending I take at least six months off work. If I’m denied again, what are my options?

  • Depression and disability benefits: Many mental health claims are denied by insurance companies. Claimants should note that the appeals process is rarely successful and was created by the insurance company. It is far more beneficial for individuals to file a legal claim to pursue disability benefits.

PREVIOUS EPISODE: Disability Law Show S6 E14 – What to know about disability claim denials

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