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The LTD Change of Definition: Why Benefits Get Cut Off Mid-Claim in Ontario

Money

Your claim was approved and the payments arrived on schedule. Then a letter says the definition of disability is changing and your benefits are under review. That switch is written into your policy, and you can prepare for it.

THE SHORT ANSWER

Most group long-term disability policies in Ontario pay benefits first because you cannot do your own occupation, then switch to a stricter test: whether you can do any occupation you are reasonably suited to by education, training and experience. That switch is called the change of definition, and it happens after an initial period defined in the policy itself, not by statute. Many claims are terminated at exactly that point, and a termination at the switch can be disputed like any other denial.

Two tests of disability, one after the other

Most group long-term disability policies use two definitions of disability in sequence. For an initial period defined in the policy, you qualify if your condition stops you from doing your own occupation. After that, the test tightens to whether you can do any occupation you are reasonably suited to by education, training and experience.

The second test is much harder to meet. You can be genuinely unable to return to your old job and still be found capable of some other work.

The switch date is contractual, not statutory

No Ontario statute sets the change of definition date. The initial period is written into your group policy, and it varies from plan to plan.

Get the full policy wording, not just the employee booklet. The booklet is a summary, and the policy language is what governs your claim.

Why claims are cut off exactly at the switch

The change of definition is the insurer's built-in opportunity to re-decide your claim. Your health does not have to change for the outcome to change, because the legal question changes.

Activity around your file tends to spike as the date approaches. Expect paper reviews by insurer-retained doctors, requests for updated forms, transferable skills analyses, and sometimes surveillance, including of your social media.

Prepare the evidence before the date arrives

The practical move is to build your medical file for the second test before the insurer applies it. Ask your treating physicians to address function, not just diagnosis, meaning what you can and cannot do in any workplace, reliably, over a full week.

Vocational evidence matters too. The test is tied to your education, training and experience, so evidence about what work you are realistically suited to belongs in the file.

If you are terminated at the change of definition

A termination at the switch is a denial like any other, and it can be disputed. You can pursue an internal appeal, but appeals go back to the same insurer and do not pause the limitation clock.

The deadline to start a lawsuit is strict, and it can be triggered by the termination letter itself. Get advice on your timeline before spending months in internal appeals.

Deadlines that apply to you

These are the dates that end claims. Check them first.

2years

In most Ontario claims you have two years from the day you knew, or ought to have known, that you had a claim.

Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, s. 4

COMMON QUESTIONS

Questions we get every week

Not literally any job. It means occupations you are reasonably suited to by your education, training and experience, and many policies also tie it to a level of earnings, so the exact wording matters.

Yes, they can try, because the legal test changes even when your health does not. A termination at the switch is still a decision you can dispute.

On the date set out in your own policy. There is no statutory date in Ontario, so request the full policy wording and confirm it.

Assume the insurer may review your social media and observe your activities, especially near the change date. Be consistent and accurate in everything you report.

Written by

Shawn Sidhu, personal injury lawyer

Shawn Sidhu, Lawyer

Called to the bar in British Columbia, 2013

University of British Columbia · University of Birmingham

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