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I was on STD disability leave from work in August 2022 then returned to work. In November 2022 I went on leave again for the same type of mental health issues and was paid STD then transitioned to LTD. Because the second leave was more than 2 months after the first, it was treated as a separate disability by the insurer (Manulife). I applied and was approved for CPP Disability. I am assuming CPP determined the onset of my disability as August 2022 since the CPP benefits were effective December 2022 (4 months after the onset). Is Manulife allowed to reduce their payments to me since the onset of disability as deemed by CPP began before the second claim with Manulife?
My STD insurance (administered by Manulife but my employer pays the STD) policy states - if the same Disability recurs more than 2 months after the end of the period for which benefits were paid, such Disability will be considered a separate Disability
My LTD insurance policy (Manulife) states - The amount of disability benefit payable to you is reduced by any disability benefits you receive or are entitled to receive from the following sources for the same or related disability. Manulife will apply the following rules in determining your disability benefit: benefits payable from other sources which began before the commencement of your current Disability will not be taken into account
This is an interesting issue of contractual interpretation. I would need to see a copy of your policy, and map it onto your work timeline to give you a proper opinion on it. If Manulife claims the deduction (which they almost certainly will), get them to explain their basis in a letter or email, and then contact our intake team with a copy of the letter and we will try to connect you with someone for a call.