powered by:
save your skin foundation
can mental health conditions qualify for long-term disability in canada?
3 minute read
mental health conditions are increasingly recognized in ltd policies—illnesses such as depression, anxiety, bipolar disorder and schizophrenia, especially when they severely impact daily functioning and work capacity.
getty images
stay up to date on this topic
as society becomes more aware of mental health issues and concerns, mental health conditions are increasingly recognized in long-term disability (ltd) policies.
according to the centre for addiction and mental health (camh), in any given year, one in five canadians experiences a mental illness. by the time canadians reach 40 years of age, half—that’s one in two—have, or have had, a mental illness.
so, if you wonder if mental health conditions qualify for long-term disability (ltd) in canada, the answer is yes, because it is recognized that mental health issues can be just as debilitating as physical disabilities, affecting an individual’s ability to work and perform daily activities.
common mental health conditions that may qualify for long-term disability benefits include depression, anxiety disorders, bipolar disorder, schizophrenia and post-traumatic stress disorder (ptsd). however, eligibility is not limited to these conditions, as any mental health disorder that significantly impairs one’s ability to work could potentially qualify.
stigma is a major factor for working adults’ decision to keep silent or not disclose mental health issues.
in a 2019 survey of working canadians, camh found that 75 per cent of respondents said they would be reluctant—or would refuse—to disclose a mental illness to an employer or co-worker.
respondents were nearly three times less likely to disclose a mental illness, such as depression, than a physical one, such as cancer.
camh noted that the top reasons for this reluctance were:
- the belief that there is stigma around mental illness;
- not wanting to be treated differently or judged, and;
- being afraid of negative consequences, such as losing their job.
once you have decided to disclose your mental health issue at work in order to apply for ltd benefits, your first action should be to review your workplace ltd policy.
advertisement
mental health conditions are increasingly recognized in ltd policies—illnesses such as depression, anxiety, bipolar disorder and schizophrenia, especially when they severely impact daily functioning and work capacity.
however, a common challenge in proving anxiety and other mental health conditions as a disability is the subjective and invisible nature of the condition. unlike physical disabilities, anxiety does not always present visible symptoms, making it difficult to demonstrate its impact on daily life. this can lead to skepticism from employers or insurance companies about the severity of the condition.
also, it’s important to note that each ltd policy may have specific definitions and criteria for what constitutes a qualifying disability. therefore, you should carefully review your insurance plan or consult with an insurance provider to understand the specific conditions and requirements for coverage.
once you have a clear understanding of your policy, the next step is to gather the necessary documentation. this usually includes medical records, a detailed report from your healthcare provider, and any other evidence that supports your claim of disability. your healthcare provider’s report should clearly outline your diagnosis, treatment plan, and how your condition affects your ability to work.
providing comprehensive medical documentation is imperative. this typically includes a diagnosis from a qualified healthcare professional, such as a psychiatrist or psychologist, and evidence that the condition is severe and persistent enough to prevent you from performing your job duties.
after collecting all required documents, you need to complete the application forms provided by your insurance company. these forms often require detailed information about your medical condition, employment history, and how your disability impacts your daily life and work capabilities. it’s important to fill out these forms accurately and thoroughly.
advertisement
once you submit your application, the insurance company’s review may involve further requests for information or clarification and can take several weeks or even months.
while you wait, it’s important to follow any prescribed treatment plans, as non-compliance can affect the approval of benefits.
navigating the claims process for mental health-related ltd can be complex, and it’s often beneficial to seek assistance from legal professionals or disability advocates who specialize in such cases. this can help ensure that all necessary documentation is provided and that the claim is presented effectively.
this is especially true if your application is denied. you should know that you have the right to commence a law suit against the insurance company that denied your claim.
nainesh kotak, is the founder of kotak personal injury law, a firm focusing on protecting their client’s rights to justice and obtaining the compensation their clients deserve. he was past chair of the long-term disability section of the ontario trial lawyers’ association.
share story
