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My insurance company Manulife determined that my 6 month waiting period for eligibility for
LTD began after my last day worked. Due to my illness I had several periods of absence and exhausted my short term sick benefits before my last day worked. In addition, I was on workplace accommodations which exempted me from performing the “essential duties of my normal occupation” for the 11 months prior to my last day worked.

My question is... Do I meet the eligibility criteria (wholly and continuously disabled by illness preventing me from performing the essential duties of my normal occupation) before my last day worked given that I was not performing my essential duties despite my sporadic attendance at work?

It's difficult to know what position your insurer will take but ultimately if your absences all resulted from your illness which is the subject of your LTD claim then arguably you should qualify for LTD despite your modified duties and absences. My advice is that if the insurer denies your claim, call or email me at my contact info below and we can discuss (for free) your specific situation and advise you regarding your legal options.
Sivan Tumarkin
Direct Tel (Toll Free): 1-888-990-9646     Email: sivan@stlawyers.ca     Web: www.stlawyers.ca
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