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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 this with my workplace without my consent?
Generally speaking, and subject to the terms of your specific policy, your employment contract, and your specific situation, the insurer is typically permitted to share with the employer certain information from your disability file for the specific purpose of discussing or planning your potential return to work. While your diagnosis or treatment plan would typically be off limits, they may be able to disclose information about your prognosis or symptoms that might prevent a return to work or that require accommodation. We recommend you contact us to book a consultation should you wish to discuss your concerns further, because again, the analysis of this question can be rather fact-specific.