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I am currently in the process of having to return to work from long term disability that has now gone on for over 2 years now. In the event when I do go back and things don't work (based on my Dr.’s assessment), can I go back on LTD? It is also my understanding that they can also put me in the “any job situation.” As more than 2 years would have passed now, what happens?
Second, it is my understanding that my LTD insurance company cannot discuss my impediments/impairments with my workplace without my written consent? It’s my understanding that the information can only be shared within the circle of care health care providers treating my symptoms/conditions. The LTD recently informed me that in their discussions with my workplace and returning back, they informed my workplace that there still may be a few weeks delay for me to return based on cognitive impairments that I was still working on (with health care provider). The workplace response was we would need him back 100% cognitively. Although, specific symptoms may have not been discussed, cognitive difficulties were mentioned. Are they allowed to discuss such information without my written consent as it violates patient confidentiality but also I’m afraid this could be used against me when I did go back to work (even possibly subjectively).
Also, in the event when I return to work, and my workplace offers me modified duties or roles/responsibilities should I and can I accept these and should it affect my pay and/or seniority for my years of service in the event this goes to severance or constructive dismissal down the line. According to your severance calculator, in the event I needed to pursue a case, it would put me in the “maximum” allowable compensation of 24 months. Therefore, what should I and shouldn't I do to ensure I retain this maximum allowable compensation (other than signing termination papers or documents)?
I would need to review your specific LTD policy for definitive answers to your questions. That said, most policies have "recurrent disability" terms, which state that, if you go back to work, and then you go back off again within a certain window of time (ex. 3 months, 6 months, etc.), then you can try to resume your previous/existing LTD claim, as opposed to re-starting the process with a new date of disability and a new application.
You would still need to show the insurer that you pass the applicable total disability test in order to collect LTD benefits though. And yes, under most policies, at the 2-year mark, there is a change of definition, whereby the test changes to "any occupation" (that pays a commensurate sum to your pre-disability salary), as opposed to "own occupation".
Lastly, since this is the LTD/disability branch of the firm, for all questions related to your employer (as opposed to your LTD claim), I recommend using our free employment questions website (www.terminationquestions.com) as a starting point instead.
You would still need to show the insurer that you pass the applicable total disability test in order to collect LTD benefits though. And yes, under most policies, at the 2-year mark, there is a change of definition, whereby the test changes to "any occupation" (that pays a commensurate sum to your pre-disability salary), as opposed to "own occupation".
Lastly, since this is the LTD/disability branch of the firm, for all questions related to your employer (as opposed to your LTD claim), I recommend using our free employment questions website (www.terminationquestions.com) as a starting point instead.