We are experienced and dedicated Disability Lawyers.
Serving all of Ontario.
We understand how difficult it is to experience an invisible illness and we have assisted many clients with their denied disability claims for anxiety and depression.
A workplace absence resulting from a psychological illness can be triggered by a number of causes including a traumatic event such as an accident, physical illness, death of a loved one or workplace stress/harassment.
Claims for long-term disability benefits that involve psychological illnesses are as complex as claims that involve physical illnesses, if not more complex due to the nature of the illness.
Mental illnesses affect many Canadians and are a leading cause of disability in the workplace. Mental illness is also referred to as an “invisible illness” as it cannot be diagnosed the same way as a physical illness or an injury.
As with any type of long-term disability claim, your insurance company is looking for proof that you are receiving appropriate treatment and are under the care of the appropriate specialist and following treatment recommendations. Your insurance company is looking for information that demonstrates how your illness prevents you from performing your employment duties.
The symptoms of anxiety and depression can impact your daily activities and ability to function in the workplace because they can impact your ability to focus and concentrate and interact with other people.
Symptoms of depression can include loss of pleasure/interest in activities formerly enjoyed, feelings of sadness, suicidal ideation, lack of motivation, difficulty concentrating, decreased or increased appetite, changes to sleep patterns and mood changes.
Symptoms of anxiety can include physical symptoms like nausea, racing heart, sweating, shaking, agoraphobia, anxiety attacks, decreased appetite, difficulty sleeping, difficulty with cognition.
If your claim for disability benefits has been denied, you can fight your insurer’s decision. Our lawyers have represented many clients with psychological illnesses successfully resolve their denied short-term and long-term disability claims for anxiety and depression. We are available to speak with you and answer your questions.
CAMH describes depression as a complex mood disorder that can be caused my various factors. These include personality, genetic predisposition and stress (which could be from the result on a personal injury accident).
Depression is diagnosed by a professional health care worker that’s asks questions to help determine whether or not depression is present. These include questions about one’s feelings, thoughts and behaviours, history of mental health and day-to-day life. If present, it’s treated with medications, therapy and possibly brain stimulation therapies.
According to CAMH, people with anxiety disorders have feelings of anxiousness that can be so intense that they are immobilizing. They are usually aware of the excessiveness of their fear, but they can’t stop it.
There are a number of factors that help a health care professional determine whether or not a person suffers from anxiety disorder. These include the degrees of distress one is under, the extent of the anxiety symptoms, and the affect on the person’s ability to work and manage daily tasks.
Yes. Both of these illnesses can effect your ability to work and do every day tasks. It can cause poor attendance, problems with concentration, fatigue, managing emotions and forgetfulness. All of these things impact a person’s ability to work and perform regular daily tasks.
Yes. All insurance companies and health care professionals recognize depression and anxiety as a disability.
If you are unable to work as a result of your depression or anxiety disorder, there are a few options for you. Here are a list of things available to Canadians that are unable to work as a result of their mental health disorder:
Yes. However your insurance company will want you to prove that your depression and/or anxiety is severe enough that it’s preventing you from working. They will look at how you were diagnosed, what treatments you are currently on, future treatment plans and the seriousness of your symptoms. They will also want to see evidence of work-related limitations.
These are the most common reasons for an insurance company to deny you disability claim for depression & anxiety.
Thank you! Your request for a free consultation has been sent to our legal team.
We will do our best to contact you within 24 hours. We look forward to speaking with you!
1120 Finch Avenue West, Suite 500
Toronto, ON Canada M3J 3H7