Returning To Work After Being Denied Disability Benefits

After your long-term disability benefits have been denied, it can be difficult to return to work. Finding the motivation to contribute to an organization that seems to have betrayed you may feel impossible. However, many people do go back to work even when they are suffering. Now that they’ve lost their fight with the insurance company, they think they have no other choice, so they return to work while suffering from the symptoms of their disability.

However, there is another option. If your condition is not getting better and you are unable to work, don’t go back to work. Instead, consider all of your options as well as the risks.

If you have been denied your long-term disability benefits, here are some things to consider if you are thinking about whether or not to return to work.

Going back to work could negatively affect your claim.

If your long-term disability benefits have been cut off and you have no source of income, you may feel like you have no other choice. However, if your ability to do your job is seriously impacted by your disability you may lose your job and your long-term disability benefits may still not be available. If you return to reduced hours, any new disability claim may be based on that new lower salary. In this situation, you should speak with an experienced disability lawyer to get some advice.

If you have a private disability policy you may have other options.

If your insurance company insists that you can work but not at your occupation, you might still be entitled to disability benefits with a private disability policy. We strongly encourage you to review all clauses in your policy, because they could dramatically affect how they apply to your specific circumstance. Reviewing this policy carefully with an experienced disability lawyer at Share Lawyers is a good place to start before you return to work.

If you do return to work, know your rights!

You might find that you can return to work, but that certain accommodations need to be met, such as modified work duties, different hours, or changes to your workspace. According to various laws, your employer is legally obligated to make these accommodations. If they refuse to accommodate these requests, we encourage you to contact us and we can help you file a human rights complaint or determine if there is a case against your employer..

How Do You Make The Decision To Stop Working And Apply for Benefits?

Deciding to stop working and filing a disability claim can be a difficult decision to make. It’s critical to carefully select when to stop working because choosing the wrong time can lead to your claim being denied and can leave you with an uphill court battle.

Video: When Should I Stop Working If I AM Not Feeling Well?

Think it through.

Many people decide to stop working on a whim and make the choice without enough evidence to reinforce their decision. Even if your doctor has advised you to stop working, getting the disability benefits you deserve from the insurance company is never guaranteed. The same applies if your employer states that you can’t do your job – you may still be denied. Before you take the leap, carefully review your disability benefits plan, your medical files, and then make an informed decision by working with your employer and your doctor if they are supportive.

Work with a supportive doctor.

Do not stop working without your doctor’s full support. Without this support, the insurance company will have an easy excuse to deny your disability claim. You should be transparent and thorough with your doctor. They must understand and document the specifics of your circumstances. It is also important that you demonstrate to your doctor that you have tried to continue working but have been unsuccessful.

If you feel like your doctor doesn’t support you or doesn’t understand the scope of your disability, you may need to find a new doctor that does. In this case, it may be wise to seek out a specialist rather than a general practitioner or family doctor. Often, specialists have a better understanding of what you’re dealing with.

Video: Why Do You Need To Keep Seeing Your Doctors If You’re Involved In An LTD Claim?

Reach out to your employer.

Once you obtain a note from your doctor that states that you are unfit to work, inform your employer that you cannot continue to work because of your disability and present your medical note to reinforce the decision. You can then potentially arrange for medical leave from your job, which will ensure that you are protected under provincial labour laws and human rights codes. Medical leave allows you to continue to have the status of “employed,” which gives you access to your medical and dental plan, pension plan, and other workplace benefits.

In most instances, taking a medical leave from work is safer for both job security and securing disability benefits. Resigning or quitting your job can leave you vulnerable, because the insurance company may deny your claim based on your insurance coverage ending. Do not let your employer force you to quit, resign, or take severance. They may be motivated to do so for financial reasons that are not in your best interest.

Prepare for a fight!

You must prepare yourself for the inevitable – that your claim may be denied. It happens all the time, even when an individual is genuinely unwell and disabled. If the insurance company denies your application, they will carefully investigate why you chose to stop working when you did. This is where detailed medical records come in handy; your records must demonstrate that you experienced a gradual decline in health and must justify your decision to stop working when you did.

A great way to prepare for the worst is to have a great disability law firm on your side that has a strong background in disability law – like the experienced long-term disability lawyers at Share Lawyers. Remember that Share Lawyers can help people located all across Canada. Disability insurance claims can feel like a battle, but with Share Lawyers on your side, it’s a battle that you can win. We offer a free consultation and there are no fees unless you win, so find out if you have a case.

If you have had your claim for long-term disability denied, contact the long-term disability insurance lawyers at Share Lawyers. Our experienced team of long-term disability (LTD) lawyers can help. We have recently settled cases against Canada Life, Desjardins, Manulife, RBC Insurance, Sun Life, and many more. We offer free consultations and there are no fees unless we win your case. Find out if you have a disability case.

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