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I have been cut off from my long term disability benefits as the insurance company feels I no longer meet the depression/anxiety criteria and that covid 19 is not a reason to be on disability, so they paid me out 5 weeks which ends May 31st. I didn't have a choice in the matter. Come June 1st the insurance company advised me that I will have to "hash it out" with my employer as they are no longer available to help me with a gradual return to work since they cut me off and paid me out. They said they contacted my employer and were told that my position pre disability is no longer available to me due to covid 19 (also claimed they had to lay off 2 employees). I'm just curious as to whether I have a case to fight back since my doctor also believes I am not ready to return to work. I believe the employer is trying to get me to quit, since they cannot fire me. Collectively, I have worked there for 18yrs however I did leave for 3 years at one point to get some more credentials behind me. I have been back there since 2008 to present. Thanks for your time.
Thank you for your question. Based on what you have provided, there are potentially two legal issues in your matter. First, if you are able to go back to work and your employer is refusing to bring you back or stating they cannot accommodate you, then this would be a wrongful dismissal and you would be owed both severance and human rights damages. To see how much severance you are owed, please visit the severance pay calculator our firm has developed (www.SeverancePayCalculator.com). Second, if you are not able to work at this time, you may also have a claim against the insurance provider for cutting you off disability payments early. Fortunately, at Samfiru Tumarkin LLP we specialize in both employment and disability law and we are well prepared to explore both potential claims with you. Please call us right away and set up a consultation with one of our lawyers who would be happy to explore your legal options with you.