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I am currently on an unpaid leave due to illness. My last day worked was September 22, 2025. I was on short term disability which ended January 20, 2026. My LTD claim was rejected as I had been employed by the company a few days short of one year and it was determined to be a preexisting condition. My employer is telling me I’m required to comply with a third party adjudication process to determine whether or not my unpaid leave is supported. The third party company is requiring me to give them full and unlimited access to my medical records, and have a form filled out by my treating practitioner that discloses my diagnosis, symptoms, medications and doses, if I go to therapy, and my PHQ-9 and GAD-7 scores. I want to know if I am legally obligated to provide this information even though it is not noted on my hiring contract or the employee handbook. It is my understanding that I have to provide sufficient proof of illness such as the notes from my doctor stating I am unable to work and the date I will be reassessed. I also understand that I must comply with the third party process for accommodations should any be recommended by my physician, but I have made it clear to my employer and the third party company that my doctor has not made any recommendations and has written that I am unable to work.

Thanks for reaching out. Im sorry you're going through this. We need to gather a bit more information to determine appropriate next steps and what options may be available for you. Please give us a call at the number below so we can discuss (at no charge)
The Disability Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-888-990-9646     Email: help@disabilityrights.ca     Web: www.stlawyers.ca
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