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Good afternoon,

I will give you a quick synopsis on what I've gone through as many questions have come to light for me as the current adjuster on my Long term disability case has pushed and over stepped many boundaries in order to successfully close the case after being opened for 11 months. She also had lied to manipulate the situation and conversations between myself, my doctor and her.

Last April 15 I was hospitalized for an extremely infectious disease where my organs began to be affected by it for 3 weeks, was able to leave only if I strictly remain at home in recovery mode. Gradually trying to get better however constantly sick with infection. This lead to having oncologists, gastroenterologists, surgeons, doctors, MRI's etc. A new development in the sickness case has shown I need a cholecystectomy. However during these unprecedented times, the waitlist is anywhere from 1-6 months. I'm also waiting to be seen by more doctors more tests and all the previous doctors (teams).
There are a couple questions in here;

The case worker who was going a great job and understand suddenly was no longer on my case. To which I now have Claudine Newman. She has completely overstepped boundaries, manipulated situations and lied about the communication between her and my doctor and mine and her conversations. I stated very clearly I am in no physical shape to return to work however mentally of course I want to work, that's the type of person I am. Work has always been number one for me. But in doing so I had to put my health second which only viciously accelerated my health in a negative way. Seeing how I feel healthy for two days out of the week and the rest of the time I can feel the pain and infection manifesting, bed ridden or unable to go back to how I was previously to being administered in the hospital.
She took that and told.my doctor I said I'm ready to go back to work but that I think he won't sign off on it.
Which is a complete lack of regard to what I actually said.she did push three times within weeks to get me to say I was ready 100%. It was very uncomfortable and I felt like I was being backed into a corner.
She then took her own initiative to connect with my employer and doctor. Employer said his doors are shut due to the pandemic. Doctor said she can return to work only after four weeks after the employer opens its doors in which then the return to work plan can commence.
** From case worker
Week 1: 4 hours Monday-Friday
Week 2: 5 hours Monday-Friday
Week 3: 6 hours Monday-Friday
Week 4: 7 hours Monday-Friday
Week 5: Full-time
He was able to clarify that the GRTW could begin in 4 weeks time had your Employer been open for
business.

The above sentence was manipulated. She first told me my doctor agreed to get me back to work within four weeks as of Friday April 17. I called my doctor immediately and he said absolutely not, it is common sense that during these times it is not possible to work, and your company's doors are shut. So only once they reopen then we can go on to the four week plan (four weeks after they open their doors I will begin the four week schedule )
As my doctor told both her and I that I am to remain on disability until they open their doors with no timeframe available as it is during these times of covid.

She is giving me payment of my disability until July 30 by saying the below;
It was anticipated that following the completion of the 4 weeks of recovery and the additional 4 week of
the GRTW plan, you would be capable of returning to your own. It is our understanding that your pre-
disability position is not currently available. A gradual return to work plan would have begun June 2,
2020 for a duration of 4 weeks. As discussed, benefits will be paid in lieu of a gradual return to work
plan, up to and including June 30, 2020, at which time your claim will close as you no longer meet the
definition of disability as outlined in your group contract.


Unknowing of when my employer will reopen their doors, this case worker has now put a time limit on my disability benefits.
So if my employer doesn't open his door by June 1, 2020 in order for me to begin the four week return to work plan the case worker and doctor establishedz I will be left with no income.or job. And heading into another surgery shortly around then for a 2-6 week recovery period.

I'm really at a loss of words and appalled that someone who is supposed to be understanding yet even helpful could make up lies and twists in order to have one less case opened on their desk.

The other inquiry is;

Is there anything regarding entitlement to vacation days and sick days while on sick leave from employee as I'm still on the payroll and benefits. Including only the year on disability- I would have 3 weeks vacation plus 1 week for personal/sick days.
Previous to sick leave I had one full week of vacation days unused.
I also had a full week of vacation days never used but I was in the hospital. Should that week have been transfered over to the next following year or even paid out ?
With our employer, the rule is is you have left over vacation after the fiscal year is up, you have two options. Pay out what's left of your sick and vacation days. Or traanger one week max over to the next following year.

I have heard nothing from my employer regarding this.

It is extremely difficult to find ways to afford my Rent, my medications, my transportation and other daily living such as groceries etc. I'm being forced to moved back home due to all of this. My health depends on working through this properly. Not expediting the process as if it is just a situation. This is my health, our health and I feel it is being treated with such disregard.

If you do find your way to reading this, I would be more than appreciative. I am still in shock at how quickly Claudine Newman , case worker at Manulife has dealt with my entire health care as a whole.

Any help or guidance would be so deeply appreciated.

Sincerely Jade Phillips

Your questions are excellent and clearly what's been happening to you is very unfair. Please contact me directly at my number or email below and we can discuss your specific situation and answer all your questions for free.
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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