Scoliosis can qualify as a disability in Canada when pain, reduced mobility or other symptoms prevent you from performing your job safely, consistently and reliably.
Many people have mild scoliosis that does not significantly affect their daily lives. Others experience chronic back pain, muscle fatigue, nerve symptoms or difficulty sitting, standing and walking for extended periods.
A diagnosis alone does not automatically qualify you for disability benefits. The insurer must consider the severity of your symptoms and how they affect the actual demands of your occupation.
If your short-term or long-term disability claim has been denied or cut off, the disability lawyers at Samfiru Tumarkin LLP can review the insurer’s decision during a free consultation.
On This Page:
- Is Scoliosis a Disability?
- How Scoliosis Affects Work
- Disability Benefits
- Proving Your Claim
- Why Claims Are Denied
- Frequently Asked Questions
Is Scoliosis a Disability in Canada?
Yes. Scoliosis can be considered a physical disability when its symptoms substantially limit your ability to work or complete important daily activities.
Scoliosis involves an abnormal sideways curve of the spine. The spine may also rotate, affecting posture and the position of the shoulders, ribs, hips or waist.
An insurer may consider:
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The severity and frequency of your pain
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How long you can sit, stand or walk
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Whether you can lift, carry, bend or twist
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Whether you experience weakness, numbness or nerve pain
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Whether you can maintain regular attendance and productivity
Is Mild Scoliosis a Disability?
Mild scoliosis is not automatically considered a disability. Many people with a mild spinal curve have few symptoms and can continue working normally.
However, the description “mild scoliosis” does not always reflect the severity of someone’s pain or functional limitations. A person may also have disc problems, arthritis, nerve compression or another condition that contributes to their disability.
Can Severe Scoliosis Be a Disability?
Severe scoliosis may cause significant pain, reduced movement and difficulty maintaining one position. In some cases, a major spinal curve may also affect breathing.
You do not have to prove that you will be unable to work forever. You may qualify for disability benefits for as long as scoliosis prevents you from working under the terms of your insurance policy.
How Can Scoliosis Affect Your Ability to Work?
Scoliosis can affect both physical and sedentary work. The impact depends on the location of the spinal curve, your symptoms and the demands of your occupation.
Work-related limitations may include:
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Back, neck, shoulder or hip pain
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Difficulty sitting or standing for long periods
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Reduced ability to lift, carry, bend or reach
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Muscle fatigue, weakness or poor balance
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Numbness, tingling or pain travelling into an arm or leg
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Poor sleep, fatigue or difficulty concentrating because of pain
Physical Work
Scoliosis may make construction, health care, manufacturing, retail and other physically demanding jobs difficult.
Repeated lifting, bending, twisting, climbing or standing may aggravate pain and cause symptoms to worsen throughout the workday.
Sedentary and Office Work
An insurer may argue that you can perform office or remote work because you do not need to lift heavy objects.
However, prolonged sitting can aggravate back and hip pain. You may need to change position, stretch, lie down or take unscheduled breaks throughout the day.
Pain, poor sleep and medication side effects may also interfere with concentration, attendance and productivity.
Can Your Employer Accommodate Scoliosis?
Possible accommodations may include modified duties, ergonomic equipment, flexible hours, additional breaks, remote work or limits on lifting and prolonged standing.
Accommodation may not be enough when pain remains severe or you can’t sustain a predictable work schedule.
Can You Get Disability Benefits for Scoliosis?
You may qualify for disability benefits if scoliosis prevents you from completing the essential duties of your job.
Eligibility depends on the type of benefit and the wording of the applicable plan.
Short-Term Disability Benefits
Short-term disability benefits may replace part of your income during a temporary medical leave.
Your insurer may ask your doctor to explain your pain, physical restrictions, treatment plan and why you are currently unable to work.
Long-Term Disability Benefits
Long-term disability benefits may become available when your symptoms continue beyond the short-term disability period.
Many LTD policies initially consider whether you can perform your own occupation. After a set period, commonly two years, the insurer may consider whether you can perform another suitable occupation.
The insurer should consider whether you can realistically sustain another job given your pain, mobility restrictions, need for breaks and medication side effects.
CPP Disability Benefits
You may qualify for CPP Disability benefits if scoliosis and any other medical conditions regularly prevent you from performing substantially gainful work.
Your disability must generally be severe and prolonged, and you must have made enough valid CPP contributions.
Does Scoliosis Qualify for the Disability Tax Credit?
Scoliosis may qualify for the Disability Tax Credit when its effects meet the Canada Revenue Agency’s requirements for a severe and prolonged impairment.
Eligibility may apply when scoliosis causes a marked restriction in an eligible daily activity, such as walking or dressing. The cumulative effect of significant limitations in two or more eligible categories may also be considered.
The Disability Tax Credit is a tax credit rather than a monthly income-replacement benefit. A scoliosis diagnosis alone does not qualify someone for it.
How Do You Prove a Scoliosis Disability Claim?
A strong claim should explain how scoliosis affects your actual ability to function and work. An X-ray showing a spinal curve may not provide enough information by itself.
Helpful evidence may include:
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Medical records from your family doctor and specialists
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X-rays, MRI results and other relevant testing
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Specific restrictions involving sitting, standing, walking and lifting
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Your treatment history and medication side effects
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A detailed description of your job duties
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Workplace accommodation or failed return-to-work attempts
Describe Your Limitations Clearly
Explain how long you can sit or stand, how much you can lift and what happens after physical activity.
For example, being able to sit for 20 minutes does not necessarily mean you can remain at a desk throughout a full workday.
Your claim should also address related conditions such as chronic back pain, arthritis, disc problems, nerve compression, depression or anxiety.
Why Do Insurers Deny Scoliosis Disability Claims?
An insurer may accept that you have scoliosis but argue that the evidence does not prove you are unable to work.
Common denial reasons include:
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The spinal curve is described as mild or stable
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Imaging does not fully explain the severity of your pain
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Your medical records do not clearly explain your restrictions
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The insurer says you can perform sedentary or remote work
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Treatment is expected to improve your symptoms
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Your occasional activities are presented as proof that you can work
The Insurer Says Your Scoliosis Is Mild
The description of the spinal curve does not necessarily measure your pain, stamina or ability to maintain one position throughout a workday.
Your evidence should explain the limitations you experience and whether other spinal or medical conditions contribute to them.
What Should You Do After a Denial?
Read and save the denial letter, continue receiving medical care and request a complete copy of your disability policy.
Keep your medical reports, test results, application forms and communications with the insurer. Do not return to work against your doctor’s advice.
Speak with a disability lawyer before filing an internal appeal. The same insurance company that denied your claim will review the appeal, and important legal deadlines may continue to run.
Learn more about what to do when your long-term disability claim is denied.
Frequently Asked Questions About Scoliosis and Disability
Is scoliosis considered a disability?
Scoliosis can be considered a disability when pain, reduced mobility or related symptoms substantially limit your ability to work or complete important daily activities.
Does scoliosis count as a disability in Canada?
It may. Eligibility for disability benefits depends on how scoliosis affects your ability to perform your job, not simply whether you have been diagnosed.
Is scoliosis a disability for adults?
Adult scoliosis may qualify as a disability when pain, stiffness, nerve symptoms or reduced stamina prevent safe and reliable work.
Can mild scoliosis qualify for disability benefits?
Mild scoliosis may qualify when it causes significant functional limitations or exists alongside other medical conditions that prevent you from working.
Can you get long-term disability for scoliosis?
You may qualify for LTD benefits if scoliosis prevents you from performing your occupation or another suitable occupation under the terms of your policy.
Can scoliosis qualify for CPP Disability?
Scoliosis may qualify when it regularly prevents substantially gainful employment, is long-term or indefinite and you have made enough valid CPP contributions.
Should you appeal a denied scoliosis disability claim?
Do not assume an internal appeal is the best option. The same insurer that denied your claim will review it. Speak with a disability lawyer before proceeding.
Get Help With a Denied Scoliosis Disability Claim
Living with chronic back pain and physical restrictions is difficult enough. Fighting with an insurance company can make the situation even more stressful.
Samfiru Tumarkin LLP represents people with denied and terminated disability claims throughout Canada, excluding Quebec.
Our disability lawyers can review your insurance policy, medical evidence and denial letter and explain the options available.
Contact us for a free consultation if your short-term or long-term disability claim has been denied or cut off.