Long-term disability (LTD) benefits provide Albertans who can’t work due to an illness or injury with a crucial financial lifeline.
Instead of worrying about bills and other expenses, individuals are able to focus on their health and recovery.
Unfortunately, insurance companies often pressure claimants to re-enter the workforce while they are still disabled.
Several of our clients were told by their insurer that their access to LTD benefits would be cut off unless they agreed to an immediate or gradual return to work – creating a significant amount of mental and financial distress.
READ MORE: Cut off long-term disability in Alberta? 3 things you need to do
If your insurance company is forcing you to re-enter the workforce while you are still disabled, don’t panic. Here are three things you need to do.
1. Ask your insurer to provide their return-to-work plan in writing
In our experience, insurance companies usually broach the subject of returning to work by pitching a return-to-work plan over the phone.
If you receive a call from your insurer, and a return-to-work plan is discussed, 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 Alberta, it’s not uncommon for individuals to be cut off LTD if they refuse to follow their insurer’s return-to-work plan. An excuse often 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 this situation applies to you, it’s very important 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
As soon as you have all of 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 consultations at no cost to you and can answer your LTD questions.
2. Speak with your doctor
Once you receive your insurance company’s return-to-work plan, bring the document to your treating doctor. Ask them if they agree with the plan outlined by your insurer.
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
In the event that you are receiving treatment from multiple medical professionals, ask each of them to also comment on your condition in a letter or email.
3. Contact us
If your insurance company is forcing you to re-enter the workforce while you are still disabled, 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 crucial that you get the right legal advice before appealing your insurer’s decision.
Our compassionate team regularly resolves issues involving LTD, life insurance, critical illness and mortgage insurance claims across Canada.
We provide free consultations and don’t get paid unless we get results. Over the years, we have helped thousands of clients, including Julie Austin and Sandra Bullock, 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 an accounting clerk in Calgary who was struggling with chronic back pain.
After being on LTD for two years, she got a phone call from her insurance company – warning her that her access to disability benefits would be cut off unless she agreed to a gradual return to work.
When she refused, her case manager told her that she had “two weeks to reconsider.” Despite the warning, the employee reiterated that she wasn’t ready to re-enter the workforce.
Two weeks later, she received another phone call from her insurer. During the call, her case manager informed her that her access to LTD benefits had been cut off because she no longer met the definition of “totally disabled” under their policy.
However, she had full support from her treating doctors. In their reports, they specifically noted that her condition prevented her from doing any job – even on a part-time basis.
Confident that she had a strong case, the employee requested a denial letter before hanging up. Once she received her insurance company’s decision in writing, she contacted Samfiru Tumarkin LLP.
As our lawyers reviewed the denial letter and the reports from her treating doctors, it quickly became clear that the insurer didn’t do a comprehensive review of her file.
READ MORE: The insurer cut off his benefits. Then his lawyer reviewed his medical assessment
After bringing our findings to the accounting clerk’s insurance company, 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 Michael Gerhard 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.