The lawyers at Aaron Waxman & Associates are experienced with Disability, Personal Injury and Employment claims.
There are many provisions and terms in insurance policies that can be difficult to understand
and cause confusion.
This is part 3 of our blog series that will take a closer look at certain terms/phrases used in long-
term disability (LTD) claims. This blog will explain what the purpose of a recurrent disability
What does this term mean and how would it apply to a long-term disability claim?
If you return to work full time after a gradual return to work program or on a trial basis and are
unable to continue working, you may be wondering what your next steps should be.
Will you have to file a new short-term disability claim or long-term disability claim? Do you
need to re-qualify for benefits and go through another waiting period?
This is where the recurrent disability provision comes in. If you are unable to work due to the
same or a related disability, you can go back on claim through what is known as a recurrent
Under most policies, this provision allows you to return on claim if you become disabled again
within 6 months of returning to work. The purpose of this provision is so that you would not
have to satisfy another “elimination period” (waiting period). Some waiting periods can be as
long as 6 months to 1 year.
If you are unable to work due to symptom exacerbation or a condition related to your previous
disability, you need to advise your insurance company as soon as possible as there is a time
limit to make a claim under a recurrent disability provision. For example, in most policies, it is 6
months. If your disability recurs after a longer period of time, you would have to complete a
new application and complete the waiting period.
It is important to note that your claim for recurrent disability still requires you to provide
medical evidence. You must show your insurance company that you have restrictions and
limitations that affect your ability to work, and are medically supported.
What medical evidence do you have to provide? Your insurance company is looking for
evidence that your recurrent disability is the same or is related to your previous condition.
Updated clinical notes and records from your doctors and specialists, new x-rays or MRIs,
prescription printouts are examples of medical evidence you can provide. Your insurance
company is looking to understand why and how your condition prevents you from working and
the restrictions and limitations it causes.
If you or someone you know have been denied long-term disability benefits, you should contact
a disability lawyer to find out what your legal rights and obligations are. Our office offers a free
initial consultation with a licensed lawyer that can be arranged at a date and time that is
convenient for you.
* This blog is for informational purposes only and is not meant to substitute legal advice. Please read our disclaimer for further information.
* All of our lawyers are licensed by The Law Society of Upper Canada
* Office in Toronto and able to represent people in the province of Ontario