Disability Benefits Cut Off by Your Insurer?
People receiving Long Term Disability Benefits have enough to worry about. The last thing they need is to have their disability benefits cut off. After all, doesn’t your Employee Benefits Booklet say you would get 66% of your income each month if you became ill and were unable to do your job?
But life is not simple. During the first two years of being on Long Term Disability, insurance companies will request regular reports from your physician. They employ legions of claim examiners who review these reports like hawks. The first indication of your recovery will trigger the next phase of how your file is handled.
Long Term Disability Benefits Cut off – Why They Do It?
Insurers set the bar very low for defining recovery. Even a slight reduction in your pain medication or a doctor reporting that your condition has improved is sufficient for them to consider you rehabilitated. Realistically, you may be in no shape to get back to work. Regardless, your file will be flagged to get you off their payment roster. You will see a new level of harassment start, forcing you to return back to work.
The most volatile period will come after you have received Long Term Disability Benefits for over two years. Some policies limit their coverage at this stage. Regardless, this is when many insurance companies begin aggressive campaigns to force you back to work into any occupation. Even if your medical situation remains unchanged you may find your disability benefits cut off completely or severely limited on the grounds that you are capable of working some type of job based on your education, training and experience.
This will be a very vulnerable time for you. Especially so, if your employer is also considering terminating your employment for a legal term known as “frustration of the employment contract”. Perhaps life has moved on at your office during your absence? And now, they no longer need your services, especially on a modified basis.
The insurance company will care about none of this. They will push you back to your employer who in turn will want nothing to do with you. And you end up dejected, between a rock and a hard place.
Peace of Mind Contracts
Well before you get to this stage, and especially when you are at this stage, consider hiring an experienced lawyer and conserve your energy for your recovery. The law is on your side and crystal clear in this matter. And our team of experienced employment lawyers are intricately familiar with it:
Your Employee Benefit package is a “peace of mind” contract. And that is precisely what you should expect from it. Our courts award serious fines on parties who inflict unnecessary mental injury and harassment on employees simply trying to claim their entitlements.
How We Can Help
Lecker & Associates have acquired deep specialty in this area of law over 35 years of practice. We have built up cases with similar circumstances to systematically prove that insurance companies act in bad faith when individuals have their disability benefits cut off.
Furthermore, they risk very costly litigation for forcing you back to work before you are ready. They cannot unilaterally impose this upon you against the opinion of a trained medical professional. In fact, to further strengthen this case, our lawyers would bring an independent vocational assessment to the table that will objectively assess your readiness for the job market.
And finally, there is one more protection you receive under the law. The Ontario Human Rights Code protects you from discrimination on the basis of a disability.
If this article describes your situation, contact us. We can likely relieve a lot of your stress at the first assessment meeting which is free. There is no need to fight this one alone. And if legal fees are keeping you from seeking out our help, we make that part very easy too.
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