Can I Return To Work After I Have Been Denied Disability Benefits?
Returning To Work After I Have Been Denied Disability Benefits
It’s hard to find the strength to return to work after your disability benefits have been denied. Often it feels impossible to find the motivation to return to work and contribute to an organization after what feels like a betrayal. Many people, however, do go back to work, even when they are suffering because they feel they have lost their fight with the insurance company only to face the uncertainty over how long they can carry on with their job.
Even though this is easier said than done if you’re unable to work and your condition is getting worse, here’s our advice: Don’t go back to work after your disability benefits have been denied, without considering your options and the risks. Going back to work could negatively affect your claim.
When LTD benefits are cut-off and your source of income is stopped, you may feel you have no choice but to try returning to work. If your ability to do your job is seriously impacted by your disability you may find that you could lose your job and then your LTD benefits may still not be available. If you return to reduced hours any new disability claim may be based on that new lower salary. If you are in this situation you should speak with an experienced disability lawyer to get some advice.
Private disability policy and returning to work?
If your disability policy is private and your insurance company insists that you can work but not at your occupation, you might still be entitled to disability benefits. 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, 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 file a human rights complaint or consult an employment lawyer.
How Do You Make the Decision To Stop Working And Apply for Benefits?
Deciding to stop working and applying for disability benefits can be a very difficult decision to make. It is critical to carefully select when to stop working, as choosing the wrong time can lead to your claim being denied and can leave you with an uphill court battle.
Is it time?
Most people who apply for disability insurance do not need to stop working immediately. They may suffer from a chronic illness or injury that makes continuing to work problematic, but not impossible. If you choose to continue to work with a disability, it is vital that you regularly meet with your healthcare provider and that they record your symptoms and details of your work experiences. Be specific – describe tasks you find difficult at work since your disability diagnosis. You should also prepare to apply for disability insurance benefits while you are still working. If you have a chronic illness, you should plan when to stop working even more carefully. You will need to document and demonstrate that your chronic illness has progressed to a point that makes your work life impossible to maintain.
Prepare for a fight
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 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 carefully make an informed decision – 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 claim. You should be transparent and thorough with your doctor. He or she 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 unsuccessfully. 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.
Reach Out To Your Employer
Only after 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 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 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.
We hope this helps you make the difficult decision to stop working if you have a disability.
Has your long term disability claim been denied? Contact Share Lawyers and put our experience to work for you.We offer free consultations and there are no fees unless we win your case. Find out if you have a disability case.
