An arthritis disability lawyer can help if your short-term or long-term disability benefits have been denied, delayed or cut off.
Arthritis can cause chronic pain, joint stiffness, swelling, fatigue, reduced mobility and limitations involving the hands, knees, hips, feet or spine.
An insurance company may accept your diagnosis but argue that medical imaging is mild, treatment is controlling your condition or you remain capable of sedentary work.
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
- Arthritis Conditions We Handle
- Why Claims Are Denied
- Evidence for Your Claim
- What Happens Next?
- Frequently Asked Questions
How Can an Arthritis Disability Lawyer Help?
A disability lawyer can review your denial letter, insurance policy, medical evidence and occupational duties 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 weaknesses or inconsistencies in the insurer’s decision
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Connecting your joint symptoms to your occupational duties
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Determining what medical or functional evidence is missing
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Addressing arguments about imaging, treatment and sedentary work
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Documenting fatigue, flare-ups and unpredictable attendance
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Communicating and negotiating directly with the insurer
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Starting legal action when appropriate
Connecting Arthritis to Your Occupation
A diagnosis does not fully explain why you can’t work. The evidence should connect your restrictions to the actual demands of your job.
For example:
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Hand arthritis may prevent typing, writing, gripping or repetitive tool use
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Knee or hip arthritis may prevent prolonged standing, walking or climbing stairs
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Spinal arthritis may limit sitting, bending, lifting and maintaining one posture
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Inflammatory arthritis may cause fatigue and unpredictable flare-ups
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Medication may affect alertness, concentration or workplace safety
When Should You Contact an Arthritis Disability Lawyer?
Speak with a disability lawyer promptly if:
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Your STD or LTD application was denied
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Your approved disability benefits were later cut off
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The insurer says your imaging is mild or stable
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Your pain or fatigue is described as subjective
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The insurer says treatment should allow you to work
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You are told that you can perform sedentary or remote work
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Your flare-ups or variable symptoms are being ignored
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You are being pressured to return before your doctor believes you are ready
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Your insurer has invited you to submit an internal appeal
Should You Contact a Lawyer Before Benefits End?
You may also benefit from legal advice before the insurer formally terminates your claim.
Warning signs may include repeated requests for updated records, an insurer-arranged assessment, pressure to attempt modified duties or notice that the definition of disability is changing.
Do You Have to File an Internal Appeal?
An insurer may invite you to appeal directly to the company after your claim is denied.
An internal appeal is not always the best option. The same insurer that refused the claim will review it, and providing similar evidence may produce the same result.
A disability lawyer can explain your legal options and applicable deadlines before you decide how to proceed.
What Arthritis Disability Claims Can a Lawyer Handle?
Osteoarthritis Disability Claims
Osteoarthritis commonly affects the knees, hips, hands, feet and spine.
Pain, stiffness and reduced movement may interfere with walking, standing, lifting, hand use and prolonged sitting.
Rheumatoid Arthritis Disability Claims
Rheumatoid arthritis is an autoimmune inflammatory disease that may cause joint pain, swelling, stiffness, fatigue and recurring flare-ups.
Insurers may focus on stable bloodwork or reduced inflammation while ignoring continuing fatigue, pain, hand limitations or joint damage.
Read our guide to rheumatoid arthritis disability claims.
Psoriatic Arthritis Disability Claims
Psoriatic arthritis may cause painful and swollen joints, fatigue, reduced mobility and skin symptoms.
The condition may affect the hands, feet, knees, hips or spine and may fluctuate through periods of increased inflammation.
Spinal Arthritis Disability Claims
Arthritis affecting the neck or lower back may limit sitting, standing, walking, bending, reaching and lifting.
An insurer may argue that the changes are age-related without properly assessing their functional effect.
Arthritis Affecting Multiple Joints
Limitations may become more serious when arthritis affects several joints.
For example, a person may have difficulty walking because of knee arthritis while hand and shoulder symptoms also prevent computer work, lifting and self-care.
For broader eligibility information, read our guide to arthritis disability benefits in Canada.
Why Are Arthritis Disability Claims Denied?
An insurer may accept that you have arthritis but argue that your symptoms do not prevent employment.
The Insurer Says Your Imaging Is Mild
An X-ray or MRI does not independently establish how long you can sit, stand, walk, type or lift.
Medical evidence should connect the clinical findings and symptoms to your specific functional restrictions.
The Insurer Says the Changes Are Age-Related
Degenerative changes may become more common with age, but that does not determine whether your symptoms are disabling.
The relevant issue is whether the condition prevents you from performing your occupational duties reliably.
The Insurer Says Your Condition Is Stable
A stable condition is not necessarily a recovered condition.
Arthritis may remain medically stable while continuing pain, stiffness, fatigue or joint damage prevents work.
The Insurer Says Medication Is Working
Medication may reduce inflammation or pain without restoring full occupational capacity.
Treatment may also cause side effects, require frequent monitoring or need to be adjusted over time.
The Insurer Ignores Flare-Ups
Rheumatoid, psoriatic and other inflammatory forms of arthritis may involve unpredictable flare-ups.
The insurer should consider whether variable symptoms prevent reliable attendance and performance—not only how you function on a better day.
The Insurer Says You Can Perform Sedentary Work
The ability to sit does not establish the ability to perform sedentary work.
Office work may require prolonged sitting, typing, writing, document handling, concentration and predictable attendance.
Arthritis affecting the spine, hips, hands or wrists may make these duties unsustainable.
The Insurer Uses Daily Activities Against You
Shopping, preparing a meal or completing light housework does not automatically establish that you can maintain full-time employment.
An activity may be completed slowly, with assistance, after taking medication or at the cost of increased symptoms afterward.
The Insurer Says You Can Work From Home
Remote work may remove commuting but does not eliminate pain, hand limitations, fatigue or the need to change positions frequently.
Working from home still requires concentration, attendance, communication and consistent productivity.
A Failed Return to Work Is Used Against You
A brief or part-time work attempt does not necessarily prove that regular employment is sustainable.
A medically supported but unsuccessful return may demonstrate that the hours, duties or required attendance exceeded your capacity.
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 job but argue that you can perform another suitable occupation.
It should consider your education, experience, previous earnings and ability to meet the physical, hand-use, attendance and productivity demands of another job.
What Evidence Supports an Arthritis Disability Claim?
A strong claim should document your diagnosis, symptoms, treatment, restrictions and specific occupational duties.
Helpful evidence may include:
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Clinical notes from your family doctor
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Reports from a rheumatologist, orthopedic specialist or pain specialist
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Joint examinations documenting pain, swelling and reduced movement
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X-rays, MRIs, ultrasounds or other relevant imaging
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Bloodwork and inflammatory-marker results
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Medication history, treatment changes and side effects
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Physical, hand-use and mobility restrictions
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Evidence of fatigue and unpredictable flare-ups
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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 the Diagnosis
A note stating that you have arthritis may not explain why you can’t work.
Medical records should describe how long you can sit, stand, walk, type, grip, lift and repeat activities before symptoms increase.
Document Flare-Ups
Record how often flare-ups occur, which joints are affected, how long they last and whether they cause missed work or reduced activity.
Document Fatigue Separately
Do not focus only on joint pain. Inflammatory arthritis may also cause severe fatigue that affects concentration, attendance and recovery between shifts.
Address Your Complete Medical Condition
Arthritis may exist alongside chronic pain, spinal disease, depression, anxiety or another medical condition.
The insurer should consider the combined effect of all medically supported conditions rather than assessing each diagnosis separately.
What Happens After You Contact an Arthritis Disability Lawyer?
During an initial consultation, a disability lawyer may ask about your arthritis, 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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Your medical and treatment evidence
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Your occupational duties
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Your accommodation 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 additional evidence could strengthen your case.
How Can an Arthritis 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 arthritis 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 Arthritis Disability Lawyers
What does an arthritis disability lawyer do?
A lawyer reviews your policy, medical evidence and denial letter and helps challenge the insurer’s refusal to pay disability benefits.
Can a lawyer help with rheumatoid arthritis claims?
Yes. A lawyer can address denied claims involving rheumatoid arthritis, flare-ups, fatigue, hand limitations and treatment disputes.
Can an insurer deny a claim because imaging is mild?
The insurer may make that argument, but imaging does not independently establish your ability to perform occupational duties consistently.
Can arthritis prevent sedentary work?
Yes. Arthritis may limit sitting, typing, writing, concentration and reliable attendance even when physical labour is avoided.
Does a failed return to work hurt your claim?
Not necessarily. A medically supported but unsuccessful return may help show that the hours, duties or attendance requirements 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 a 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 an Arthritis Disability Lawyer
Managing chronic pain, stiffness, fatigue and reduced mobility 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 arthritis claims are challenged and what evidence may be needed to dispute a denial.
Contact us for a free consultation if your arthritis disability claim has been denied, delayed or cut off.