This article explains everything you need to know about returning to work after being on long-term disability, as well as everything you need to know if you decide that you are NOT returning to work after long-term disability. This includes how to prepare for a return to work (RTW) or a refusal to return, what happens if it fails, things to consider before the attempt, your employer’s responsibilities, how to understand recurrent disability clauses, and more.
Let’s dive in!
Returning to work after long-term disability Canada guide
So you’ve been on long-term disability (LTD) for a while, and now you think you’re ready to reenter the workforce. You may be wondering how it will work and what you should expect if you do decide to return. And rightfully so; there isn’t a ton of information online. This is your guide to returning to work after being on long-term disability as well as your guide to NOT returning. In this article, we are going to cover the following topics:
We always recommend talking to an experienced disability lawyer before attempting or rejecting a return to work. Depending on the wording of your policy, you may be permanently ineligible for disability benefits if you don’t take the proper steps. Click on the button below to schedule a free case evaluation with our experienced disability support team. Our long term disability lawyers are here to help!
Can you return to work after long-term disability?
You can return to work after being on long-term disability. In fact, it’s encouraged. Your insurer wants more than anything for you to return to the workforce, maybe even a little more than you. However, when returning to the workforce, you must take precautions to protect yourself and prepare accordingly.
We will expand on this in the sections below.
When should I consider a return to work after long term disability?
You should only consider attempting a return to work when both you and your doctor feel you are ready to do so. Going back to work should be completely out of the question if your medical providers feel it could be harmful to your health.
Going back to work after long term disability
Got the okay from your doctor, and are ready to start considering returning to work after long term disability? If so, contact us today to schedule a legal advice call. We can take a look at your policy and provide you with some recommendations on the best path forward.
Long term disability return to work programs
Before we jump into the details of how to prepare for a RTW, let’s first address the obvious: what even is a return to work in the context of long-term disability? As you may have guessed, it’s exactly as it sounds: when you go back to work after being on LTD benefits.
In most cases, when you decide to return to work, the insurance company, your doctor, and your employer will work with you to develop a return-to-work program. This plan usually involves a gradual return, which could include working at reduced hours or with modified duties while you get settled back into your position. Programs can last anywhere from two to eight weeks.
How to prepare for a return to work
Returning to work can be extremely stressful. Here are a few things you can do to prepare for the transition.
1. Talk to your doctor
The first thing you should do before even thinking about agreeing to return to work is get medical clearance from your doctor. You should ask them to submit a letter that says you can return to work. It should also highlight any workplace accommodations that need to be made. For example, if you have back problems and need a special chair, your doctor must include that in the letter. You should provide this letter to your claim manager and your rehabilitation specialist so they can start preparing for your return to work.
2. Utilize your rehabilitation specialist
Most long-term disability providers will assign you to a rehabilitation specialist/coordinator before you start your return to work. However, if they don’t, you should request one in writing.
A rehabilitation specialist can be extremely helpful. Most have health backgrounds in professions such as nursing, physiotherapy, psychology, counselling, occupational therapy, etc. Depending on their licensing, some rehabilitation specialists have codes of ethics. This means these individuals have a duty to the client (you) even though they are employed by the insurance company. So, we recommend requesting a rehabilitation specialist who is a licensed Registered Rehabilitation Professional (RRP) or licensed health professional.
Rehabilitation specialists work with you, your employer, your doctor, and the insurance company to come up with a return-to-work plan that best suits your needs. While they are employed by the insurance company, they are still professionals, so your health and well-being should always be their top priority. In other words, most rehabilitation coordinators wouldn’t design a return-to-work program that would be harmful to your health just because the insurance company wants to stop paying you.
In some ways, you can look at a rehabilitation specialist as a (somewhat biased) middleman between you and the insurance company. For instance, suppose the insurer wants you to start working full-time right away. But you and your doctor think you should work part-time for the first four weeks while you get settled back into the position. If you tell the rehabilitation specialist about this, you will have a better chance of coming to an agreement with the insurance company.
Overall, use your rehabilitation specialist to your advantage. Their job is to help you successfully re-enter the workforce. So, talk to them about your concerns, explain your limitations and give them your input on your return to work plan.
3. Think about doing a gradual return to work
Going back to work after being on long term disability benefits is challenging, to say the least. It’s a huge transition, so there is no shame in starting out slow. If you think working full-time will be too hard on you, you should consider working part-time until you are settled back into the workforce. Since you would only be working part-time, your insurer can make partial payments during this period. Talk to your employer, insurer and rehabilitation specialist to find out if this is something you can do.
4. Ask for accommodations
You shouldn’t be embarrassed to ask for accommodations. Your return to work is more likely to be successful if adjustments are made. Your employer also has a duty to accommodate your disability (there are some exceptions, but we’ll get into that in a later section). So, don’t feel bad about requesting a new chair or time off for medical appointments.
Workplace accommodations are not limited to but could include:
- changes to organizational policies and practices,
- changes to a physical workspace,
- adaptations to the equipment, tools, or uniform used,
- flexible work hours,
- relocation of the workspace within the workplace,
- the ability to work from home,
- reallocation or exchange of some non-essential tasks for others, and
- time off for medical appointments.
5. Check your policy to see if there is a recurrent disability clause
Many long-term disability policies have a recurrence clause. This means that if you return to work but cannot continue working due to the same disability, you will NOT have to submit a new application and can make what is known as a ‘recurrent’ claim. This clause typically sets out a timeframe for when this can happen. It’s usually six to 12 months from the date that you started working again. However, this time frame and the wording of the clause will differ from policy to policy.
So, checking your policy or group benefits booklet is critical to see exactly how the recurrent clause will apply in your situation. Along with that, you should figure out what starts the clock. For instance, in some policies, the recurrent disability time frame starts as soon as you start working full-time. In other policies, the countdown starts once you return to work, regardless of whether you are working full or part-time. Other times, the clause will stipulate that the recurrent disability period begins once you stop receiving benefits. So, make sure you read your policy to figure out exactly what conditions need to be met.
Example of a recurrent disability clause
Now, let’s break down an example of a recurrent disability clause. So you can get an idea of what you should expect.
Recurrent Disability. If an employee, having ceased to be totally disabled returns to full-time work and within six months again becomes totally disabled from the same or related cause, the qualifying period will not again be applicable. This would be considered as “one continuous period of disability”. If a full-time employee, having ceased to be totally disabled, returns to work and again becomes totally disabled from a different cause or, if from the same cause, more than six months after cessation of the previous disability, the qualifying period will again be applicable.
So, there are three key takeaways from this example. One, the time frame in which you can claim recurrent disability is six months. So, if your disability recurs after that, you cannot bypass the qualifying period and would need to start a new claim.
The second is the recurrent clock starts once you start working full-time. So, if you were gradually returning to work and only working part-time, the countdown wouldn’t begin.
The last thing to keep in mind is that in this example, you can claim recurrent disability if you become totally disabled from the same disability or a related cause six months after returning to work. What is a related cause? This will differ from policy to policy, but typically it means that the secondary condition was caused by the initial disability or is related to it.
So, in this example, you could bypass the qualifying period and get your benefits reinstated if you become totally disabled from the same disability or a related cause six months after returning to work full-time.
How to initiate a return to work with the insurance company
So, the insurance company hasn’t approached you about a return to work, but you think you may want to give it a try. If you are in a situation where you want to try to return to work but don’t know if you will be able to do it successfully, then you should follow these steps.
- Get clearance from your doctor. The first thing you want to do is talk to your doctor about whether you are ready to return to work. If they say yes, have them write out what accommodations you would need as well as any other limitations. After that, proceed to the next step.
- Tell the insurance company you want to ATTEMPT a return to work. Notice how I capitalized the word attempt? This is because your language here is extremely important. You need to tell the insurance company you want to try a return to work attempt instead of just saying you want to go back to work. This is because some insurance companies will take you saying you want to return to work as something that is permanent. So, be careful with your language.
- Request a rehabilitation specialist. Next, you should ask the insurance company to assign you to a rehabilitation specialist. As noted in the previous section, they can help make the transition much easier.
- Ask if the insurance company could provide partial coverage during the attempt. A lot of LTD plans have clauses that allow you to get disability benefits while working. So, you should tell the insurance company you want to try to go back to work. But you want to see if you could get partial coverage during the transition.
Will the insurance company pay for my education/ retraining?
In most situations, insurance companies won’t pay for your education if you’re under a group LTD policy. However, there are some exceptions.
For instance, they may be more likely to pay for high-income-earners to go back to school because it’ll be cheaper for them in the long run. They may also consider paying for re-training fees when the course is inexpensive or only a couple of weeks long. For example, they may cover a typing course or a program on how to use Microsoft Word.
However, it’s important to note that this is not the norm. Nine times out of 10, the insurance company won’t pay for your education.
Talk to a disability lawyer if you think you are in a position where the insurer may consider covering your retraining fees.
What if my return to fails?
So you tried returning to work but realized it was premature, and you are still too disabled to work. What now? Most LTD policies have a recurrence clause that allows you to go back on benefits if the return to work was unsuccessful. However, in order to get benefits reinstated, you have to do a couple of things first:
- Document your return to work: Both you and your employer should record your return to work. It should include why it was unsuccessful and what limitations prevented you from completing the duties of your occupation.
- Talk to your doctor: Tell your doctor about your limitations and the symptoms that prevented you from working. Your doctor needs to be supportive of you if you want to get back on your benefits. You will also need them to write a letter to the insurance explaining why you need to go back on LTD benefits.
- Inform the insurance company: Contact your insurer in writing about why your return to work failed and why you need your benefits reinstated. You will also need to attach a letter from your doctor.
Recurrent disability clause: Is there a deadline for when I can get back on LTD benefits after a return to work attempt?
With most policies, the recurrence clause doesn’t last forever. It usually expires within six months of your return to work attempt. Read your policy to find out what window of time you’re working with to avoid missing the deadline.
If you are past the expiry date, however, don’t panic. You can still get long-term disability benefits, but you will need to start a whole new claim. It’s not the end of the world, but it’s definitely a lot more work for you. Talk to a disability lawyer if you are unsure about anything regarding your policy’s recurrence clause.
What if my claim is denied after a failed return to work?
If the insurance company denies your claim after a failed return to work, contact a disability lawyer as soon as possible. We have seen this time and time again, and in our experience, the insurance company won’t reconsider unless you take legal action against them.
Our team at Resolute Legal has years of experience representing people in claims just like yours. We know what needs to be done and how to do it. Let us help you win back the benefits you deserve. Call us toll-free at (888) 732-0470 to book your free consultation today.
And if you aren’t ready to talk to a lawyer just yet, check out our article on how to write an appeal letter. P.S. It also contains a long term disability appeal letter sample, as well as our article that provides denied long term disability help.
Not returning to work after long-term disability
Now that we’ve explained the process of returning to work after LTD let’s talk about what happens when you decide NOT to return.
Can the insurance company force me into returning to work after long-term illness?
Insurance companies like to make you feel like you have to return to work. But they cannot force you. They may say they will cut you off if you don’t comply with their demands. But that’s the most they can do. Insurance companies don’t have the authority to make you go back to work.
With that said, it’s never a good idea to outright refuse the insurance companies’ return to work request — and I’ll explain why.
Suppose the insurance company wants you to try a return to work, but you and your doctor don’t feel you are ready. While we never advise people to go against their doctor’s orders, we do suggest engaging in the process to some degree. This means you should at least get your doctor to review their proposal and meet with a rehabilitation specialist. In other words, you don’t necessarily have to go back to work, but you should take the necessary steps to find out if it’s something you could actually do.
How to “engage the process”
One of the best ways to engage the process is to request a rehabilitation coordinator. They can take some of the pressure off you and get a better read on whether you are actually able to return to work.
Furthermore, if you ask for a rehabilitation coordinator and the insurance company says no, you will look more favourable in front of a judge. This is because you acted reasonably and tried your best to re-enter the workforce, while the insurance company behaved unreasonably by refusing to provide a rehabilitation coordinator.
However, this same principle applies to you. If a judge sees that you outright refused a return to work without even engaging in the process, they will think you were being unreasonable. So, if you can be the one who says, “I will consider it, but I have a few reasonable requests,” then the judge will be more likely to side with you.
Always try to look at your situation from a judge’s perspective. If they would consider your refusal unreasonable, you should at least engage in the process to some degree.
If you find yourself in a situation like this, you should speak with a disability lawyer as soon as possible. They can look at your case independently and let you know if you should consider a return to work.
Can my employer refuse my doctor’s return to work accommodations?
Unfortunately, there isn’t a simple, one-size-fits-all answer to this. Simply put, your employer can refuse to accommodate you. However, they have to offer some kind of alternative if they do. For instance, if they don’t agree with your doctor’s recommendations, they have to hire an independent physician or rehabilitation specialist to come up with another plan. They can’t just refuse to help you at all. Your employer has an obligation to provide a safe work environment for you and other employees.
If you find yourself in this sort of situation, we recommend going along with whatever your employer asks of you. For example, if they want you to see one of their own doctors, go to that appointment. Or if they ask for more information from your medical providers, give it to them. Assume that they are acting in good faith and have a legitimate reason to refuse your accommodations.
Ultimately, your employer can push back on your return to work plan. So just do your best to get them the information they need. However, if you are dealing with an employer who is just pushing back for the sake of it and won’t offer alternative accommodations, we recommend getting in touch with an experienced disability lawyer.
What does my employer need to know about my disability?
We get a lot of questions about what you need to disclose to your employer about your disability when returning to work. The simple answer is you don’t need to tell them anything. However, if accommodations need to be made, your employer is entitled to the minimum information necessary for them to fulfil their duty to accommodate. What that minimum information is will depend on your situation. But it will always need to include a list of your restrictions and limitations. So, you don’t have to tell them what your medical condition is. However, you do have to tell them enough so they can accommodate you.
For instance, let’s say you have anxiety and need accommodations but don’t want to disclose your condition to your employer. In this scenario, you would need to give your employer enough information about your needs and limitations so they can accommodate you. You could get your doctor or rehabilitation specialist to inform the employer that your condition makes it difficult to deal with stressful situations, so you would need to be temporarily relieved from a particularly demanding project. Or need access to a quiet space to escape a noisy work environment. These accommodations can all be asked for without disclosing your disability.
Remember, the onus to accommodate you isn’t fully on your employer. You also have an obligation to inform the employer of your need for accommodation, or else the duty to accommodate will not be triggered.
Further reading:
- How long can an employee be on ltd before termination?
- Can I quit my job while on long term disability?
- How much does a disability lawyer cost?
- Long-term disability buyout calculator
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