Mental Health and Disability Claims: What You Need to Know in Ontario

Mental health issues can significantly affect daily functioning, often leading to difficulties in maintaining employment. In Ontario, if a mental health condition prevents you from working, you may be eligible for long term disability (LTD) benefits. However, proving a mental health-related disability can be challenging. This article will cover the essentials of making a mental health disability claim in Ontario, the documentation required, and how to handle common issues like claim denials.

Understanding Long Term Disability for Mental Health Conditions

Long term disability benefits are designed to provide financial support if you are unable to work due to a health condition. For many, mental health conditions like depression, anxiety, PTSD, or bipolar disorder can be just as disabling as physical illnesses. In Ontario, mental health can indeed be grounds for an LTD claim, but demonstrating the severity of your condition can be more difficult than with physical injuries.

Challenges in Proving Mental Health-Related Disability

Essential Documentation for Mental Health Disability Claims

To improve the chances of having your mental health disability claim approved, you need comprehensive documentation:

1. Medical Records: Regular treatment notes from your healthcare providers, showing consistent care and tracking of your condition over time, are essential.
2. Specialist Reports: Detailed assessments from psychiatrists, psychologists, or other mental health professionals should outline your diagnosis, symptoms, and how these symptoms impact your daily life.
3. Treatment Plans: Documentation of the treatments you’ve tried, such as medication or therapy, and their effectiveness or any difficulties experienced in following these treatments can help illustrate the ongoing nature of your disability.
4. Employer's Statements: Statements from your employer or colleagues can be valuable in demonstrating how your condition has impacted your ability to perform work-related tasks.
5. Personal Journals or Logs: Maintaining a record of your symptoms and how they affect your day-to-day life can support your case by providing a detailed history of your disability.

Common Reasons Why Insurers Deny Mental Health Disability Claims

Despite providing documentation, mental health disability claims may be denied for several reasons. One common reason is insufficient medical evidence; insurers may assert that the documentation does not adequately demonstrate the severity of the condition or its impact on your ability to work. Non-compliance with prescribed treatments is another issue; if you have not followed all recommended treatments, insurers may use this as a basis for denying your claim, asserting that you are not taking necessary steps to improve your condition.

Pre-existing condition clauses can also be a factor, where policies may contain exclusions for conditions that existed before the insurance policy took effect. Additionally, insurers often cite a lack of objective evidence, claiming that because mental health conditions do not show up on traditional diagnostic tests, there isn’t enough proof to support your disability.

What to Do If Your Claim Is Denied

If your long term disability claim for a mental health condition is denied, there are several steps you can take to appeal the decision:

1. Understand the Reason for Denial: Carefully review the denial letter to understand the insurer's specific reasons for rejecting your claim.
2. Seek Legal Advice: Consulting a disability lawyer in Ontario can provide guidance on your legal rights and the best approach for appealing a denial.

How Can Aaron Waxman and Associates, P.C. Help?

If your long term disability claim for a mental health condition has been denied, the lawyers at Aaron Waxman and Associates, P.C. can provide the legal support you need. Our team of disability lawyers in Ontario is well-versed in handling cases involving mental health-related claims. We understand the challenges of proving a disability claim and can help you gather the right evidence to strengthen your case.

We offer personalized advice and support throughout the appeals process, helping you navigate the complexities of the insurance system and fight for the benefits you deserve. Contact us today at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca for a free consultation and let us help you understand your rights and options.