When your EI Sickness Benefits run out – what’s next?

“It’s stressful while approaching the end of your Employment Insurance (EI) sickness benefits.”

Are you currently experiencing an illness, injury, or quarantine and unable to work? Then you may also face troubles in managing your expenses.  

In such a situation, if you or someone near you is struggling with unpaid bills or healthcare needs, you can claim EI sickness benefits.  Here, you can learn everything about EI sickness benefits, including when they end and what other programs are available. Also, know how an employment lawyer can assist you. 

What Are EI Sickness Benefits and What Has Changed?

EI Sickness Benefits are federally funded payments. It’s a type of financial assistance that Canadian government bodies provide to individuals facing illness or injury who can’t manage their basic expenses. These benefits can support them temporarily.  However, there are other eligibility requirements, but you’ll need to have a certain number of insurable hours and some proof of the medical condition. 

This program is no longer limited to a maximum of 15 weeks, unlike in the past. Since December 18, 2022, EI sickness benefits have been available for 26 weeks. This change gives more time for people to recover or progress in their planning for when they are sick. However, once you have run out of those 26 weeks (or have received the maximum amount of what you are entitled to), it is over. 

BEFORE BENEFITS EXPIRE – Plan Ahead

In order to avoid being caught unprepared, it is prudent to take action before your EI sickness benefits expire:

• Discuss your diagnosis and prognosis with your health care provider. If your illness seems to be long-term or permanent, applying for longer-term programs early can help prevent gaps in coverage. 
• Collect all of your medical documentation. The type and quality of medical evidence are very important for all disability or CPP applications. 
• Investigate any private or employer group disability insurance. Some plans may provide payment once EI is exhausted; some may require coordination of benefits. 
• Learn about any social assistance or provincial disability programs in your province.

Each provincial disability program may have different eligibility criteria, so have a good understanding of what your province could cover. 

Alternate Supports When EI Sickness Benefits Expire

When EI sickness benefits have been exhausted, usually these are the main supports that individuals turn to: 

Support Option	What It Offers	Key Notes
Canada Pension Plan (CPP) Disability Benefits	Long-term monthly payments for severe and prolonged disability for those who have contributed enough to CPP.	You will need a lot of medical proof. Apply early, as it can take several months to process.
Provincial Disability Support Programs / Social Assistance	Financial Assistance, medical benefits, and other support for people who have a significant disability that prevents them from working and who are in financial need.	Each province has different eligibility guidelines for disability support (assets, income & medical condition).
Long-Term Disability (LTD) Insurance	Partial income replacement for a long period of time, if your employer or private plan includes LTD.	Most claims require that you first apply for EI or wait through a designated waiting or elimination period. You will need a lot of medical proof.
Regular EI or Other EI Benefits	If you are eligible for regular EI benefits after you recover from your disability or are laid off, you may then be eligible.	You must qualify based on eligibility factors (insurable hours, availability for work).
Community, Charitable and Non-Profit Supports	Great for immediate needs (food, housing, utilities)	These supports are typically best viewed as supplements rather than means of long-term assistance.

What If Your Claim Is Denied or You Need Assistance?

Despite the best preparation, benefits claims (CPP Disability, LTD, Social Assistance) are frequently denied or delayed. In these instances, professional assistance is invaluable.

• Appeals & Reconsideration: When a decision has been denied, you have the legal right to ask for a reconsideration. If this is unsuccessful, you may have a few further appeals.
• Timelines Matter: In most situations, appeals must be made within 30 days of the decision. Failing to meet the timelines for an appeal would mean you have forfeited your right to challenge the decision.

The Role of Employment Insurance Lawyer

Employment Insurance Lawyers can help you by:

• Reviewing your file to assess if your files and or documentation were adequate or if errors were made.
• Assisting in preparing relevant and supportive medical and legal evidence for use in an appeal.
• Assisting you with the administrative processes, the tribunals or if necessary, the litigation.
• Helping you ensure that you properly coordinate all EI, LTD, CPP and or other programs to maximize your benefits without overlap or penalties.

How an Employment Insurance Lawyer Can Make a Difference

An Employment Insurance Lawyer can help you in very tangible ways during the most difficult transition after the EI benefits have extinguished and when applying for other supports:

• Case assessment and determining the applicable programs – What benefits you qualify for, what proof you need and what your rights are.
• Preparation of applications or claims – Presenting medical and employment records correctly and avoiding the common pitfalls that lead to delays or outcome refusals. 
• Denials, appeals and tribunals – A lawyer practiced in EI and disability claims can assist you with the necessary reconsiderations and appear at the hearings on your behalf. 
• Overlap with other benefits – EI, CPP, LTD, or provincial benefits can overlap, and a lawyer can assist you to ensure you are not underpaid, overpaid or not paid at all. They help you coordinate with these benefits and determine your continued eligibility. 

At Soni Law Firm, we recognize how confusing and overwhelming this transition period can be. We assist clients in determining their eligibility for other supports, file appeals and assert their right when EI Sickness Benefits end. 

Things You May Want To Know

Can I reapply for EI Sickness Benefits if my sickness occurs again?
Yes, but you must meet eligibility again, such as insurable hours, and your medical proof must also be accepted. A lawyer could assess your situation. 

If my disability or LTD claim was denied?
You could appeal; however, deadlines are quick, usually 30 days. You can use an EI lawyer to help and to strengthen your appeal. 

Is it true that it can take a long time for CPP disability to process?

Yes, sometimes, it could take months. If you apply before your EI ceases, your gap income should be less. The stronger your documentation is, the better it is for both past and future assistance, as well as if you had the help of a lawyer. 

If I receive other income, do I have to repay EI?

Sometimes, if your income now differs from when you claimed earlier, then you would now become liable to repay some part of your claim. Legal advice can help avoid these issues. 

Get Support from Our Employment Lawyer

You may find the end of your EI Sickness Benefits distressing, but this does not necessarily mean you will not proceed with some support. If you are struggling through a denial, delay or now require knowing your rights, you are potentially considering how an Employment Insurance Lawyer can assist you—this may mean the difference between being fully supported or simply excluded.

Do not wait until the last minute—begin early and, if necessary, obtain the proper assistance. Remember that transitioning from EI benefits does not mean the end of your social insurance support. With the right steps and support, you can land on solid ground. If you still have any queries or want legal assistance, Soni Law Firm is here to help you!