Most disability policies have a provision which allows for a “recurrent disability” which permits the insured to continue the pre-existing claim provided that a related claim is presented within a defined time, usually six months, as determined by the policy. This is very important to an employee who no longer has “active employment” to which he or she may return.

Such a person who has apparently recovered and is no longer receiving benefits must watch the time clock very closely as once the period of the recurrent disability has expired, he or she will not be allowed to go back on coverage and also will face new employment with a pre-existing disability and resultant coverage issues.

A termination due to disability will likely attract a human rights claim and reinstatement as a possible remedy which would allow for the continuity of insurance coverage. ¹ This could be very important. Failing reinstatement, the insured person should be cautious about the expiry of the recurrent period.