Returning to Work from Disability Leave
If you’ve been away from work on long term disability or short term disability, returning to the workplace can be a difficult and personal decision. Insurance companies will often pressure claimants to return to work before they are ready, and in ways that may interfere with medical conditions or ongoing medical treatment. If you are considering whether a return to work is right for you, your disability law team at Share Lawyers can help you weigh your options.
How Soon Should I Return to Work After Being on Long Term Disability?
There is no one-size-fits-all answer to this important question. You should ONLY consider returning to work when you feel you are ready to return, and also your doctor clears you to work. Beyond any question of disability benefits is your health, and how returning to work too early may exacerbate your medical condition.
Can My Insurance Provider Force Me to Return to Work?
Absolutely not, without exception. No insurer has the ability to force you to return to work. While they can threaten to stop your disability benefits, even saying they will end if you do not go back, but they have no authority to force you back to work. If you feel that your insurer is trying to force you back to work, despite any pain you may still be experiencing or medical treatments you are still receiving, it is important for you to not give in to this demand. Please speak to your doctor, or to the disability claim lawyers at Share Law for a free consultation.
If I Return to Work and then Realize it was Too Soon, What Happens?
Generally, long term disability insurance policies will contain a “recurrence clause” for just this situation. In order to go back on your disability insurance claim, there are three things you must do:
Have your return to work attempt documented, both yourself and by your employer or HR department. Be clear, and communicate any medical conditions and symptoms that prevent you from performing your work duties.
Consult with your doctor about any issues you experienced relating to your diagnosis. Resuming your disability benefits will likely require documented objective proof from your doctor, as well as their support.
Tell your long term disability Insurance provider, in writing (i.e. via email) what happened when you attempted to return to work, why your disability prevented you from working, and why you feel you need to resume your LTD benefits. It is particularly important to provide a letter from your doctor supporting your LTD claim.
How Much Time do I Have to Go Back on My LTD Benefits?
If your return to work has not been successful, most long term disability policies will have a limited amount of time to trigger the “recurrence clause” – typically about 6 months after your initial return to work. If you are outside of this window, you may need to submit an entirely new disability claim. Check your own disability benefits and policy for more information.
What are My Options if my Claim is Denied After a Failed Return to Work Attempt?
In that case, don’t worry - you still have options. Contact us immediately at Share Lawyers for a free consultation. Time is of the essence, and after a denied claim you will only have 2 years to start a legal claim to recover the disability benefits that you are owed. The longer you wait to appeal a denied disability claim, the less likely your insurer will be to back down. Fortunately, Share Lawyers is here to help fight on your behalf.
Not ready to talk? You can learn more about Returning to Work on our website.
If you have had your claim for long term disability denied, contact the long term disability insurance lawyers at Share Lawyers. Our 35+ years of experience in long term disability (LTD) law can help you win your case against Canada Life, Desjardins, Manulife, RBC Insurance, Sun Life, and other insurance companies. We offer free consultations and there are no fees unless you win your case. Join us on Facebook and become a Top Fan for a chance to win each month.
Denied your long term disability claim?
Contact Share Lawyers today and put our experience to work for you. Our 35+ years of experience can help you win your case against Canada Life, Desjardins, Manulife, RBC Insurance, Sun Life, and other insurance companies. We offer free consultations and there are no fees unless you win your case. Join us on Facebook and become a Top Fan for a chance to win each month.
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A note from our long term disability lawyers
Taking a medical leave from work is not an easy decision to make. Concerns about providing for yourself and your family and keeping your job may cause you to want to push through your pain, but this won’t make your problems go away. Stopping work is often the smartest decision for your long term health and well-being, and your disability benefits are there to provide you with financial support until you can return to work.
If you have made the tough decision to stop working and apply for your short term disability or long term disability benefits, you may feel overwhelmed by the process and have questions that your employer and your insurance company are not able or willing to answer. Share is There to see you through and answer your questions.
Our Disability law firm knows what you have been going through
We understand that things have not been easy for you over the last little while. Your health has been suffering, you are unable to work, and now your insurance company, who was supposed to be there in your time of need, has decided they will not pay your disability benefits or respect your disability claim. These benefits exist to provide you with the financial support you need so that you can focus on your health and rebuilding your life. It is unfortunate that your insurance company has not lived up to its promise. If your disability claim has been denied, we will fight to get you the benefits you are entitled to. Our disability lawyers have helped thousands of Canadians get their long term disability benefits over the past 35 years, and we can help you too.
Our experienced disability lawyers can fight back on your behalf
Share Lawyers believes that every client who is dealing with a disability claim deserves superior personal service. To achieve that goal, we have developed our team of experienced, compassionate, and caring long term disability lawyers, law clerks, and administrative staff to meet all of your needs. Our team of experienced long term disability, life insurance, employment, and critical illness insurance lawyers have made successful claims against many insurance companies, third-party administrators and employers.
If you are unable to work, your disability benefits should be there to provide you with the financial support you need. While your insurance company may be focused on finding ways to avoid paying your claim, our focus is on what is in your best interest. When Share Lawyers gets involved, you have an entire team of lawyers that are there to support you and to fight for what is yours.
Our disability claim lawyers fight for your disability insurance claim by relying on our many years of experience to apply the best strategic planning and approach in each case, using the latest technology available. Experience matters, and with Share Lawyers, you are in the best hands with 35 years of success on your side.
In this video, we explain the role of a long term disability lawyer and how we can support you when you have been denied your long term disability benefits.
