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THE QUESTION
I’m currently receiving disability benefits and am still under my doctor’s care. I’d like to take a short trip, but I’m worried it might affect my benefits or be seen as me being ‘able’ to work. Am I allowed to travel while on disability, and what steps should I take to make sure I don’t jeopardize my claim?
THE FIRST ANSWER
Nainesh Kotak, founder, Kotak Personal Injury Law, Mississauga
Yes, you may be able to travel while receiving disability benefits, but it must be done carefully. Travel on its own does not automatically mean you are able to return to work and insurers often recognize that people with disabilities can still take limited trips – especially if the purpose is rest, family time or mental-health relief. However, insurers will scrutinize travel, so it is important to take steps to protect your claim.
First, speak with your treating doctor before making any plans. Ask whether a short trip is medically appropriate and ensure this is documented in your medical records. If the travel is intended to help your recovery or will not interfere with treatment, your doctor should note this clearly.
Second, review your disability policy. Some policies – particularly long-term disability plans – require notice and/or pre-approval by the insurer if you are leaving the province or country, or if travel may delay treatment or assessments. Failing to follow these requirements can cause problems and result in a denial of payment or termination of benefits even if the trip itself is reasonable.
Third, continue following all treatment recommendations while away. If you miss medical appointments, physiotherapy, counselling or medication reviews without arranging alternatives, the insurer may argue non-compliance.
Finally, be cautious about activities during the trip. If you engage in strenuous or inconsistent activities – especially ones you previously reported being unable to perform – the insurer may question your functional limitations.
In summary, travel is generally allowed, but you should:
- obtain medical clearance
- comply with policy requirements
- avoid interruptions in care, and
- ensure your activities are consistent with your restrictions
If you have concerns, we can review your policy and provide guidance before you book anything.
THE SECOND ANSWER
Sivan Tumarkin, disability lawyer and co-founding partner, Samfiru Tumarkin LLP, Toronto
Being well enough to travel doesn’t automatically mean that you’re well enough to return to work. For many of my clients on long-term disability, a few days or weeks away was extremely beneficial to their recovery.
The first thing you need to do is review the travel terms of your disability policy to confirm that the trip doesn’t violate the conditions outlined by your insurance provider. If you don’t find anything preventing you from travelling, you should still double-check with your disability claim administrator – there’s no such thing as being “too careful” in this situation.
In some cases, insurers require the claimant’s treatment team to confirm that travelling won’t hinder their recovery. If your policy requires medical clearance before taking a trip, make sure to get this done as soon as possible.
So, you’ve received the green light from your treating doctors and your insurance provider to travel – now what? During the trip, be mindful of how your social media activity could affect your disability claim and document in writing every instance that your condition limited you.
If your insurer cuts off your access to disability benefits shortly after returning from your trip, that’s your cue to contact a disability lawyer. In the event that your claim was unfairly terminated, we know how to successfully secure the compensation you’re owed.
Have a question for our experts? Send an e-mail to NineToFive@globeandmail.com with ‘Nine to Five’ in the subject line. E-mails without the correct subject line may not be answered.