For British Columbians who can’t work due to an illness or injury, long-term disability (LTD) benefits provide them with the financial support they require until they are able to safely re-enter the workforce.
Instead of worrying about bills, groceries and other expenses, individuals are able to focus on their health and recovery.
Unfortunately, many in B.C. are pressured by their insurance company to re-enter the workforce while they are still disabled and not yet ready to reassume their role.
In some cases, insurers threaten to cut off a claimant’s access to LTD benefits unless they agree to an immediate or gradual return to work.
READ MORE: Cut off long-term disability in British Columbia? 3 things you need to do
If your insurance company is forcing you to re-enter the workforce while you are still disabled, here are three things you need to do.
1. Request your insurer’s return-to-work plan in writing
In our experience, insurance companies usually try to persuade claimants to accept a return-to-work plan over the phone.
If you receive a call from your insurer, and a return-to-work plan is outlined, don’t agree to anything.
Before hanging up, ask your case manager to provide you with the details of the plan in writing. This document should include the proposed return date or the number of hours that your insurance company recommends you work each week.
In B.C., individuals are often cut off LTD if they refuse to follow their insurer’s return-to-work plan. An excuse frequently used by insurance companies to deny claimants access to disability benefits is that they no longer meet the definition of “totally disabled” under their policy.
If you find yourself in this situation, it’s crucial that you get your insurer’s reasons for the decision in writing. This is known as a denial letter.
READ MORE: Denied long-term disability? 4 reasons to get your insurer’s decision in writing
Once you receive all the relevant documents from your insurance company, contact an experienced disability lawyer at Samfiru Tumarkin LLP. We can review your situation, assess your legal options and help you secure the compensation you deserve.
Even if you don’t have your insurer’s return-to-work plan or a denial letter, you should still reach out to our firm. We provide free consultations for issues involving LTD and can answer any questions you have.
2. Ask your doctor to review your insurer’s return-to-work plan
Immediately after your insurance company provides you with their return-to-work plan, bring the document to your treating doctor. Ask them if they agree with your insurer’s recommendations.
If your physician disagrees, have them clearly explain in writing why you are still unable to work due to your disability.
READ MORE: ‘Get full support from your doctor’: Disability lawyer’s guide to making insurance claims
The more support you can provide from medical professionals, the better. If other doctors are involved in your treatment, such as specialists, have them also comment on your condition in a letter or email.
3. Contact us
For several of our clients, being pressured to re-enter the workforce while they were still disabled created a substantial amount of mental and financial distress.
If your insurer is forcing you to return to work, or you have been cut off from LTD benefits for refusing to do so, contact an experienced disability lawyer at Samfiru Tumarkin LLP.
It’s very important that you get the right legal advice before appealing your insurance company’s decision.
Our compassionate team regularly resolves issues in B.C. (and across Canada) involving LTD, STD, life insurance, critical illness and mortgage insurance claims.
We provide consultations at no cost to you and don’t get paid unless we get results. Over the years, we have helped thousands of clients, including Sandra Bullock and Julie Austin, secure the compensation that they are legally entitled to.
READ MORE: Insurer being difficult? 3 reasons you should hire a long-term disability lawyer
An interesting case that our firm recently handled involved a computer technician in Vancouver who was struggling with social anxiety disorder.
After receiving LTD benefits for two years, he got a phone call from his insurer – encouraging him to participate in a gradual return to work.
When he refused, his case manager warned him that his access to disability benefits would be cut off if he didn’t reconsider. Despite the warning, he stated that he wasn’t ready to re-enter the workforce.
A month later, the employee received another phone call from his insurance company. During the call, his case manager informed him that his access to LTD benefits had been cut off because he no longer met the definition of “totally disabled” under their policy.
Confident that his access to disability benefits shouldn’t be revoked, he requested a denial letter before hanging up. Once he received his insurer’s decision in writing, he contacted Samfiru Tumarkin LLP.
As our lawyers reviewed the denial letter and the reports from the employee’s treating doctor, it quickly became clear that the insurance company didn’t do a comprehensive review of his file.
The physician clearly stated in multiple documents that the worker’s condition prevented him from doing any job – even on an hourly basis.
READ MORE: The insurer cut off his benefits. Then his lawyer reviewed his medical assessment
After bringing our findings to the computer technician’s insurer, we were able to secure an extremely favourable amount of compensation for the employee.
Insurer pressuring you to return to work while you’re still disabled? Cut off long-term disability?
Contact the firm or call 1-855-821-5900 for a free consultation with a disability lawyer. We help Canadians across all provinces (excluding Quebec). Get the advice you need and the compensation you deserve.
Sivan Tumarkin and Martin Willemse are disability lawyers at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. The firm provides free advice on Canada’s only Disability Law Show on TV and radio.