Long-term disability claims are most often terminated because the insurance company determines that the applicant can return to the workforce in some capacity. A person who can return to the workforce either at their old job or at any occupation after two years either with some modifications or without would no longer meet the definition of disability.
Recipients of long-term disability benefits should receive written notice of a termination. Specifically, the insurance company is required to write a letter indicating that it is going to discontinue benefits for a certain reason effective on a certain date.
If you received notice of termination of long-term disability benefits in Barrie, a lawyer from our team could collect the medical and vocational evidence needed to get the insurance company to change its mind. We could also initiate litigation against the insurance company to convince a judge to order the continuation of benefits.
In Canada, the only insurance companies that provide disability coverage are huge corporations that have guarantees in place. There are funds dedicated to deal with bankruptcy. Companies like Manulife and Great West Life have billions of dollars in coverage, and these companies are among the more secure corporations in Canada. It is unlikely that they would not be around to satisfy any judgment.
Long-term disability benefits are usually provided by an insurance company rather than your employer. Although in same cases, usually involving large companies, the employer is self-insured. The fact is that, in almost all cases, even if an employer goes bankrupt due to COVID-19 concerns or otherwise, it would not impact an employee’s ability to collect benefits.
Theoretically, moving from one province to another would not impact your entitlement to long-term disability benefits. Although, insurance companies may become suspicious when you move away from the place you worked. For example, if you are expected to return to work at some point and you move halfway across the country, that might indicate to the insurance company that you aren’t really interested in trying to get back to work. So, while there is no legal significance to moving across the country or across the province, doing so can raise red flags.
If your long-term disability benefits are terminated for any reason, you can accept it, file an appeal to convince the insurance company to change its mind, or file a civil lawsuit with a lawyer’s help. Those are your rights and legal options after having your long-term disability benefits terminated.
There is a strict limitation period for appealing the termination of long-term disability benefits in Barrie. A member of our expert-ranked legal team could help you file an appeal stating that the decision to terminate your benefits was improper and that the insurance company needs to take steps to rectify it.
Working with legal counsel could help ensure that your appeal adheres to the limitation period applicable in your case. Reach out to Rastin Gluckstein Lawyers today to start discussing your case with a legal professional.