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1. At what point can an employer terminate an employee who is on LTD, and must the employer give advance warning, or an option to return to work? 2. What if the insurance company stops providing LTD payment, even if my doctors medical reports state that I am unable to work due to symptoms, and my employee LTD plan indicates payments are to continue until age 65 as long as I fit their definition of disabled and am undergoing treatment? 3. Also, if my application for CPP disability does not get approved (which my insurance company requested that I apply to, even though I was waiting for a diagnosis at the time and which I have recently received), then can my insurance company cut off my LTD payments, and must they forewarn me before doing so? As well, would insurance be able to cut off my payments if my employer ends my employee health and dental benefits in the next two months because one year would have passed as per employee-employer contract agreement?

Excellent questions. Your employer is not allowed to terminate you if you are disabled. That would be a breach of your human rights and if they do that then you will be entitled to severance and possibly human rights damages. If your LTD insurer stops paying you despite the fact that you continue to meet the test for disability under the policy, you can fight it. Don't appeal their decision. Appeals in my experience are useless. Instead we would start a legal claim and force them to the table and pay you what you are owed. In terms of CPP Disability, many claimants re unjustly rejected by CPP Disability. That should no affect your LTD, but sometimes insurers cut off claimants because they were denied CPP Disability. That should not happen and, again, if it does, let me know ASAP and we will help. Lastly, your LTD should not be cut off no matter what happens with your employer and benefits because you are already on LTD, which means that you are "grandfathered" onto the policy. The only way the LTD insurer is allowed to stop payment is if you don't meet the disability test under the policy, or if you reach the end date (which you mentioned is 65 years). My contact info is below if you find yourself having an issue with your employer and/or insurer.
The Disability Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-888-990-9646     Email: help@disabilityrights.ca     Web: www.stlawyers.ca
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