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My pre disability income was $65,000 per year. I am on LTD and now approved for CPPD. CPPD says I can’t reasonably make over $16k due to my severe and prolonged disability. My LTD policy doesn’t explicitly state what percentage I can earn when it switches to own occupation. My LTD is with Manulife. Is there precedent that 60 percent can be used for any occupation which puts it at around $40,000. How do you best deal with LTD providers when own occupation is coming up in 1 year but already approved for CPPD and DTC.

The any-occupation test will typically include (implicitly or explicitly) a stipulation that you are not able to earn a "commensurate" amount to your pre-disability earnings. Sometimes "commensurate" is defined, and sometimes it is not. If it's not, then case-law typically sets it at 60-80%.

That said, that doesn't mean you can earn 50% (for example) of your pre-disability earnings and continue to receive LTD. For the amount that you are permitted to earn (if anything) and still receive LTD benefits, you have to consult your policy, and speak with a lawyer about the specific facts of your case, as that can be a complicated question.
Sivan Tumarkin
Direct Tel (Toll Free): 1-888-990-9646     Email: sivan@stlawyers.ca     Web: www.stlawyers.ca
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