A depression disability lawyer can help if your short-term or long-term disability benefits have been denied, delayed or cut off.
Depression can affect concentration, memory, energy, motivation, sleep, decision-making and the ability to maintain regular attendance. An insurer may accept your diagnosis but still argue that you should be able to work.
The insurance company may describe your depression as mild, rely on a brief improvement or argue that medication, remote work or daily activities prove that you have recovered.
Samfiru Tumarkin LLP represents people with denied and terminated disability claims throughout Canada, excluding Quebec.
On This Page:
- How a Lawyer Can Help
- When to Contact a Lawyer
- Why Depression Claims Are Denied
- Evidence for Your Claim
- What Happens Next?
- Frequently Asked Questions
How Can a Depression Disability Lawyer Help?
A disability lawyer can review your denial letter, insurance policy and medical evidence to determine why the insurer refused or terminated your benefits.
A lawyer may help by:
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Explaining the definition of disability in your policy
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Identifying problems or inconsistencies in the insurer’s decision
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Connecting your symptoms to the demands of your occupation
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Determining what medical or functional evidence is missing
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Responding to arguments about treatment, medication or specialist care
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Addressing surveillance, social-media evidence or daily activities
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Communicating and negotiating directly with the insurer
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Starting legal action when appropriate
Connecting Depression to Your Occupation
A diagnosis does not fully explain why you can’t work. The evidence should connect your symptoms to your actual occupational duties.
For example:
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Poor concentration may prevent accurate financial, legal or technical work
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Memory problems may cause missed instructions, appointments or deadlines
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Low energy may prevent regular attendance and consistent productivity
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Impaired judgment may make safety-sensitive duties unsafe
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Social withdrawal may interfere with meetings, teamwork and customer interaction
When Should You Contact a Depression Disability Lawyer?
Speak with a disability lawyer promptly if:
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Your short-term or long-term disability claim was denied
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Your approved benefits were later cut off
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The insurer says there is no objective evidence
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Your condition is described as mild, stable or improving
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The insurer criticizes you for not seeing a psychiatrist
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You are accused of failing to follow treatment
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Daily activities or social-media posts are being used against you
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You are being pressured to return before your doctor believes you are ready
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You are considering an internal appeal
Should You Contact a Lawyer Before Benefits End?
You may also benefit from legal advice before a formal denial.
Consider speaking with a lawyer if the insurer schedules an assessment, repeatedly questions your treatment, pressures you into a return-to-work plan or warns that the definition of disability is changing.
Do You Have to File an Internal Appeal?
An insurer may invite you to submit an internal appeal after denying your claim.
An appeal is not always the best option. The same insurer that refused the claim will review it, and submitting similar evidence may produce the same result.
A disability lawyer can review your legal options and applicable deadlines before you decide how to proceed.
Why Are Depression Disability Claims Denied?
An insurer may accept that you have depression while disputing whether it prevents you from working.
The Insurer Says There Is No Objective Evidence
Depression is generally diagnosed using clinical assessments, symptoms, observed behaviour and treatment history.
The absence of an MRI, blood test or other physical measurement does not automatically establish that you can work.
Your records should consistently document symptoms and their effect on concentration, memory, energy, judgment, attendance and productivity.
Your Depression Is Described as Mild or Stable
Words such as “mild,” “stable,” “improving” or “doing better” can be taken out of context.
You may be stable because you remain away from workplace stress and continue receiving treatment. Some improvement does not necessarily mean that you are ready to resume full occupational duties.
The Insurer Says Medication Should Allow You to Work
Antidepressant medication may improve some symptoms without restoring full work capacity.
Finding an effective medication and dosage may take time. Side effects can include fatigue, sleep disturbance, nausea, dizziness or cognitive difficulties.
The insurer should consider your actual response to treatment—not assume that medication automatically resolves depression.
The Insurer Says You Need a Psychiatrist
You do not necessarily need to be treated by a psychiatrist to qualify for disability benefits.
Family doctors commonly diagnose and treat depression. Evidence from a psychiatrist, psychologist or therapist may strengthen the claim where available, but specialist wait lists should be considered.
The Insurer Uses Daily Activities Against You
Grocery shopping, exercising or attending a family gathering does not automatically establish that you can sustain full-time employment.
An activity may have been recommended as part of treatment, required substantial preparation or caused increased symptoms afterward.
The Insurer Relies on Social Media
An insurer may rely on photographs or posts showing you travelling, socializing or participating in an activity.
A photograph captures a moment—not your concentration, mood, recovery time or ability to maintain regular attendance and productivity.
The Insurer Says You Can Work From Home
Remote work still requires concentration, organization, communication, attendance and consistent output.
Removing the commute or physical workplace does not eliminate fatigue, low motivation, memory problems or impaired decision-making.
The Insurer Says You Can Perform Sedentary Work
The ability to sit does not establish the ability to perform sedentary work.
Office jobs may require sustained attention, complex judgment, multitasking, deadlines and frequent interaction with other people.
A Failed Return to Work Is Used Against You
A brief or part-time return does not necessarily prove that you can sustain regular employment.
A medically supported but unsuccessful attempt may demonstrate that the hours, duties or workplace demands were not sustainable.
Document the symptoms that returned, accommodations attempted and why the plan was reduced or stopped.
Your Benefits Are Cut Off After Two Years
Many LTD policies change their definition of disability after approximately two years.
The insurer may accept that you can’t return to your previous occupation but argue that you can perform another suitable job.
It should consider your education, experience, previous earnings and ability to manage the concentration, attendance and interpersonal demands of another occupation.
What Evidence Supports a Depression Disability Claim?
A strong claim should document the diagnosis, treatment, functional restrictions and specific reasons you can’t work.
Helpful evidence may include:
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Records from your family doctor, psychiatrist or psychologist
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Counselling and therapy reports
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Hospital or treatment-program records, where applicable
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Medication history, dosage changes and side effects
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Evidence of concentration, memory and decision-making difficulties
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Restrictions involving attendance, communication and workplace stress
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A detailed description of your occupational duties
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Failed accommodations or return-to-work attempts
Document Function, Not Only Symptoms
Statements such as “the patient is depressed” may not explain why you can’t work.
Medical records should describe what you can’t do reliably, how often problems arise and how the limitations affect your occupation.
Follow a Reasonable Treatment Plan
Insurers generally expect reasonable participation in treatment and recovery efforts.
Attend appointments and follow medical advice where reasonably possible. Document side effects, cost, wait lists and other barriers to treatment.
Address Related Conditions
Depression may exist alongside anxiety, PTSD, chronic pain, insomnia or another medical condition.
The insurer should consider your complete medical condition rather than assessing each diagnosis in isolation.
What Happens After You Contact a Depression Disability Lawyer?
During an initial consultation, a disability lawyer may ask about your condition, treatment, occupation and the insurer’s reasons for denying or ending your benefits.
The lawyer may review:
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Your denial or termination letter
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The definition of disability in your policy
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Any mental-health limitations or exclusions
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Your medical and treatment evidence
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Your job duties and return-to-work history
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Important dates and potential legal deadlines
The lawyer can then explain whether the insurer’s decision may be challenged and what evidence could strengthen your case.
How Can a Depression Disability Claim Be Resolved?
Depending on the circumstances, a denied claim may be resolved through:
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Reinstatement of monthly disability benefits
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Payment of benefits previously withheld
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A negotiated settlement
There is no standard depression disability settlement. The outcome depends on the policy, benefit amount, medical evidence, prognosis, age, occupation and other circumstances.
Is There a Fee to Speak With a Disability Lawyer?
Samfiru Tumarkin LLP offers a free initial consultation for denied short-term and long-term disability claims.
There are no upfront legal fees. You only pay if we successfully resolve your disability claim.
Frequently Asked Questions About Depression Disability Lawyers
What does a depression disability lawyer do?
A lawyer reviews your policy, medical evidence and denial letter and helps challenge the insurer’s refusal to pay benefits.
Can an insurer deny a depression claim because there is no objective test?
An insurer may make that argument, but depression is commonly diagnosed using clinical assessments, symptoms, observations and treatment history.
Do you need a psychiatrist to qualify for LTD?
Not necessarily. A family doctor can diagnose, treat and support many depression disability claims. Specialist evidence may help where available.
Can you qualify if medication is helping?
Potentially. The question is whether symptoms and treatment effects continue to prevent you from performing your occupation reliably.
Does a failed return to work hurt your claim?
Not necessarily. A medically supported but unsuccessful return may help demonstrate that the hours or duties were not sustainable.
Do you have to appeal to the insurer first?
Not necessarily. An internal appeal is only one option. Speak with a disability lawyer before deciding how to challenge the denial.
How long do you have to challenge a denial?
Legal deadlines apply and vary by province, policy and circumstances. Get legal advice promptly to protect your options.
Speak With a Depression Disability Lawyer
Managing depression and trying to recover is difficult enough. You should not have to fight an insurance company alone while facing financial uncertainty.
Samfiru Tumarkin LLP represents people with denied and terminated disability claims throughout Canada, excluding Quebec.
Some members of our legal team previously worked for insurance companies. We understand why depression claims are challenged and what evidence may be needed to dispute a denial.
For information about eligibility and available benefits, read our guide to depression disability claims in Canada.
For broader information about psychological conditions, read our guide to mental health disability benefits in Canada.
Contact us for a free consultation if your short-term or long-term disability claim has been denied or cut off.