Long-Term Disability Benefits For Depression

Can I Get Long-Term Disability Benefits for Depression?

Depression is a significant mental health challenge faced by millions of Canadians. While the stigma surrounding mental health disorders has lessened over the years, many individuals still struggle with its impacts, especially in the workplace. For those dealing with severe depression, maintaining a job can feel impossible, leading them to wonder, “Can I get long-term disability for depression in Canada?”

This comprehensive guide will explore whether depression qualifies for long-term disability benefits, the workplace challenges depression creates, and what steps you can take if you’re considering applying for benefits. We’ll also highlight why consulting with experts like Ertl Lawyers can make all the difference during this process.

What is Depression?

Depression is a mood disorder that negatively impacts one’s thoughts, feelings, and actions. While some people experience only one depressive episode in their lifetime, others experience numerous episodes, with each typically ranging from 6 – 18 months.

Depression can be the result of a number of factors, including genetics, hormones, brain chemistry or biological differences.

Symptoms of depression include but are not limited to:

Persistent feelings of sadness or hopelessness
Irritability
Anxiety or restlessness
Loss of interest in previously enjoyed activities
Abnormal sleep patterns
Weight loss or weight gain
Decreased energy
Difficulty concentrating
Unexplained physical pain
Thoughts or attempts of self-harm or suicide.

How Common is Depression in Canada?

A staggering number of Canadians are affected by depression. According to the Canadian Mental Health Association (CMHA), every year, 1 in 5 Canadians experiences a mental health challenge, and depression accounts for a significant share of these cases.

While many individuals can manage their symptoms with appropriate support and treatment, others endure more severe cases that interrupt their ability to work and perform daily tasks. For these individuals, depression is not merely a temporary low—it’s a debilitating condition that warrants professional help and, in some cases, financial assistance through disability benefits.

If your mental health impacts your ability to earn a living, understanding your rights and options becomes critical.

Is Depression Recognized as a Disability?

Yes, depression is generally recognized as a disabling condition. Depression, particularly when it’s severe or persistent, can render you unable to perform daily tasks or hold steady employment. To qualify for long-term disability benefits, however, you must meet specific criteria that demonstrate the severity of your condition.

Key considerations include:

Medical Diagnosis: You need a formal diagnosis of depression from a licensed healthcare professional.

Functional Limitations: Your condition must impair your ability to perform the essential duties of your job.

Treatment Efforts: You must demonstrate that you are undergoing recommended treatments, such as therapy or prescribed medication.

While depression is an invisible illness, its effects are no less significant than physical disabilities. If your symptoms prevent you from meeting the demands of your job, you may be eligible for disability benefits.

Long-Term vs. Short-Term Disability for Depression

Most employers in Canada provide both short-term and long-term disability insurance as part of their benefits package.

Short-Term Disability Benefits are usually available for a few weeks or months, providing income replacement while you seek treatment and recover.

Long-Term Disability Benefits are intended for individuals facing longer-lasting impairments that prevent them from working for extended periods. Depression-related claims are typically filed under long-term disability if the condition persists beyond the short-term coverage period.

Having thorough documentation and medical evidence is crucial when pursuing long-term disability benefits for depression.

How Severe Does Depression Need to Be?

When applying for disability benefits for depression, you’ll need to demonstrate that the condition significantly impairs your ability to carry out your regular job duties. Severe depression can manifest through:

Debilitating fatigue or lack of energy

Difficulty concentrating or making decisions

Chronic sleep disturbances

Physical symptoms, such as headaches or digestive issues

Consistent inability to handle workplace stress

Issues with communication, teamwork, or interpersonal interactions

If these symptoms hinder your capacity to perform the majority of your job responsibilities, you may be eligible for long term disability benefits.

Workplace Challenges for Individuals with Depression

People with depression face unique challenges in the workplace. Even when employers aim to be accommodating, the stigma, lack of understanding, and daily struggles associated with depression can make staying employed more difficult. Below are some of the most common obstacles:

Difficulty Performing Routine Tasks

Persistent depression can drain an individual’s energy and focus, leading to difficulties in completing even routine work tasks. Deadlines may feel insurmountable, emails might remain unanswered, and meetings could feel overwhelming.

Social Stigma and Misconceptions

Despite increasing awareness about mental health, stigma still exists. Co-workers or supervisors may mistake symptoms of depression for laziness or lack of commitment, creating an unsupportive or hostile work environment.

Challenges in Disclosing Mental Health Issues

Deciding if and how to disclose your depression to your employer is another challenge. Many people fear being treated differently or even losing their job if they come forward about their mental health struggles.

Workplace Accommodations

While Canadian law requires employers to provide reasonable accommodations, many workers find it challenging to request or access these adjustments. Accommodations like flexible schedules, reduced work hours, or work-from-home arrangements can make a significant difference—but getting those approved isn’t always straightforward.

Fluctuating Symptoms

Depression doesn’t follow a predictable pattern. Some days may feel manageable, while other days feel impossible. This inconsistency can complicate workplace dynamics, especially in high-pressure jobs.

Depression and Workplace Discrimination

It is unlawful to discriminate against someone in the area of employment based on their physical disability: Ontario’s Human Rights Code and the Canadian Human Rights Act.

If you are suffering from Depression, you might face discrimination in a variety of ways:

You experience employment termination because you have Depression.
You are denied accommodation because of your Depression.
After returning from a disability leave, your employer places you in a lower, part-time position at a lower rate of pay.
Someone makes unwelcome remarks or jokes about your disability.
Someone offends or humiliates you physically or verbally threatens or intimidates you because of your disability.
Retaliating against you for filing a human rights complaint.

Ertl Lawyers are experts in Employment and Disability Law. If you have been discriminated against, our disability and employment lawyers in Toronto can help, including:

Having your employer comply with their duty to accommodate you.
Having your employer stop all forms of discriminatory conduct.
Representing you in wrongful dismissal in Ontario, constructive dismissal, and human rights matters.
Ensuring that your employer complies with its statutory obligations, including its obligations under the Employment Standards Act.
Negotiation severance packages (including continuation of benefits).

How to Apply for Long-Term Disability Benefits for Depression in Canada

Applying for long-term disability (LTD) benefits can feel daunting, but understanding the process can make it more manageable. Below are the key steps to begin your application:

1. Review Your Insurance Policy

Start by reviewing the details of your employer-provided insurance plan or personal disability insurance policy. Policies generally outline the specific criteria you must meet to qualify for LTD benefits due to depression. Look for:

Definitions of “disability”

Waiting periods before benefits start

Required medical documentation

Tip: If you’re unsure about the details, reach out to the HR department or your insurance provider

2. Secure Medical Documentation

One of the most critical aspects of any disability claim is comprehensive medical documentation. Ensure your healthcare providers detail:

The diagnosis of depression

The severity and impact of your symptoms

Treatment plans (e.g., medication, therapy, or other interventions)

Professional opinions about your ability to work

Consider asking your psychiatrist or therapist to write a detailed report highlighting why your condition prevents you from performing your job duties.

3. Follow Your Treatment Plan

Insurance companies often scrutinize whether applicants are actively managing their condition. Attending therapy sessions, following prescribed treatments, and adhering to medical recommendations show that you’re taking steps to recover.

4. Initiate the Claim Process

Most applications for long term disability benefits include submitting forms to your insurer—often completed by you, your healthcare provider, and sometimes your employer. The forms will ask detailed questions about your condition and how it impacts your ability to work.

Tip: When completing these forms, be as thorough as possible. Providing incomplete or vague answers may lead to delays or denials.

5. Be Prepared for Follow-Up Requests

Don’t be alarmed if the insurer requests additional information or documentation. Stay proactive and responsive to avoid unnecessary obstacles in processing your claim.

6. Appeal If Necessary

If your long-term disability claim is denied, know that you have the right to appeal the decision. Consult with an experienced disability lawyer to ensure you have the best chance of approval during the appeals process.

Additional Support Options in Canada

If long term disability benefits aren’t immediately accessible or sufficient, consider these alternative resources:

Employment Insurance (EI) Sickness Benefits

Offered by the Canadian government, EI Sickness Benefits provide temporary financial support for people unable to work due to a medical condition.

Canada Pension Plan (CPP) Disability Benefits

CPP Disability Benefits may be available for individuals under 65 with long-term or permanent disabilities.

Provincial Disability Programs

Check with your province for additional disability programs or financial assistance options.

Top Reasons Insurance Companies Deny Long Term Disability Benefits for Depression

These are some of the top reasons insurance companies deny long-term disability benefits for people with depression:

The insurance company takes the position that your symptoms are “subjective” and, therefore, disputes how much your disability impacts you.
There is no objective basis for the restrictions and limitations which were assigned to you by your doctor.
There is no reason you can’t work with accommodations provided by your employer.
Your depression is under control with medication.
You have not co-operated with your medical provider’s treatment plan
There is no causal relationship or “link” between your depression diagnosis and your inability to do your own or any occupation.

How a Long-Term Disability & Employment Lawyer Can Help You

Navigating the disability claims process can feel daunting, particularly when you’re battling depression. This is where partnering with an experienced long-term disability lawyer can be a game changer.

Here’s how legal professionals can assist:

Understanding Your Policy:

Lawyers can help decode the fine print in your insurance documents to clarify what benefits you’re entitled to

Building a Strong Appeal:

If your initial claim is denied, an experienced long-term disability lawyer can gather additional evidence, consult medical experts, and file a compelling appeal on your behalf.

Commencing Legal Proceedings:

A long-term disability lawyer may commence a legal claim on your behalf instead of using the insurance appeal mechanism.

Handling Insurance Companies:

Insurance companies often prioritize profit over payouts. A seasoned lawyer knows how to handle their tactics and negotiate on your behalf.

Handling Employers:

An expert employment lawyer can handle all of the communications with your employer and help deal with issues arising from your disability, including severance negotiations, wrongful dismissal, accommodations, human rights, return to work, frustration of contract, etc.

Saving Time and Effort:

Managing a disability claim while dealing with depression is overwhelming. Having legal representation allows you to focus on your health, knowing your case is in capable hands.

Pursuing Disability Benefits with Confidence

Depression is a serious medical condition that deserves recognition and support. Whether you’re encountering challenges in the workplace, struggling to meet job demands, or seeking disability benefits for depression, know that resources are available to help you through the process.

Ertl Lawyers, leading long-term disability lawyers in Ontario and Nova Scotia, specialize in cases involving mental health conditions. Their extensive expertise in disability law ensures you have the best chance of receiving the benefits you deserve.

If you’re unsure about your next steps, consult with experienced legal professionals like Ertl Lawyers, who can guide you through your claim and safeguard your rights. Getting the help you need might seem like a daunting task today, but it could be the decision that transforms your tomorrow.

Contact Ertl Lawyers today for a free case assessment.

Long-Term Disability Benefits Denied?

Ertl Lawyers provides expert representation in long-term disability matters.
The vast majority of disability matters are resolved through negotiation and mediation – and that’s because insurance companies know that we are passionate about our clients’ rights.

How we can help you:

• free disability policy analysis
• free case assessment
• applying for disability benefits
• appealing a denial or termination of your benefits
• disputing a denial through a legal claim
• handling all communications with your employer
• protecting your employment
• prosecuting human rights claims

Fair, Flexible Rates – Including Contingency Fees
(Don’t Pay Unless You Win)

Our Help Can Make All The Difference.

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