Living with anxiety can be overwhelming. If you’re finding it difficult to work due to symptoms of anxiety, please know that you’re not alone—and there is help available.
At Samfiru Tumarkin LLP, we understand the challenges that anxiety can bring to your daily life and career. Our goal is to support you in navigating the complex world of disability benefits in Canada, ensuring you have access to the support you’re entitled to.
Table of Contents
2. Types of Anxiety
3. Is Anxiety a Disability in Canada?
4. Anxiety Disability Benefits in Canada
7. How to Apply for Anxiety Disability Benefits
8. Common Reasons for Denial of Anxiety Disability Claims
9. What to Do If Your Anxiety Disability Claim is Denied
10. FAQs
11. Expert Support for Your Anxiety Claim
What is Anxiety?
Anxiety is a natural response to stress, characterized by feelings of worry, nervousness, or fear about future events. While occasional anxiety is a normal part of life, individuals who experience persistent, excessive anxiety may be dealing with an anxiety disorder. Anxiety disorders can interfere with daily life, affecting work, relationships, and general well-being.
Symptoms of Anxiety
People with anxiety may experience a range of symptoms that vary in severity:
- Emotional Symptoms: Constant worry, fear, or feelings of dread; mood disorders
- Physical Symptoms: Sweating, trembling, headaches, dizziness, and fatigue.
- Behavioral Symptoms: Avoidance of social situations, difficulty completing work tasks, sleep issues and restlessness.
These symptoms can have a profound impact on an individual’s work performance, personal relationships, and overall well-being.
Who Does Anxiety Affect?
Anxiety disorders can affect anyone, regardless of age, gender, or background. They are among the most common mental health conditions in Canada, impacting millions of people each year.
- Children and Adolescents: Anxiety can begin in childhood or adolescence. According to recent studies, about 6.5% of children and teens in Canada experience anxiety that significantly affects their daily lives.
- Adults: Anxiety disorders are most common in adults. It is estimated that 12% of Canadians will experience an anxiety disorder in any given year. Women are more likely than men to be diagnosed with anxiety, though it affects individuals of all genders.
- Elderly: Older adults are also susceptible to anxiety disorders, although they may be underdiagnosed in this group due to overlapping symptoms with other health issues.
What Causes Anxiety?
The exact cause of anxiety disorders is complex and can vary from person to person. Multiple factors contribute to the development of anxiety, including:
- Genetics: Individuals with a family history of anxiety disorders are more likely to develop one themselves.
- Brain Chemistry: Imbalances in neurotransmitters like serotonin, dopamine, and norepinephrine are believed to play a role in anxiety.
- Environmental Factors: Stressful or traumatic life events, such as abuse, the death of a loved one, or financial difficulties, can trigger or worsen anxiety.
- Medical Conditions: Anxiety can also be linked to certain medical conditions, including heart disease, thyroid problems, and chronic pain.
- Personality Traits: Individuals with certain personality traits, such as perfectionism or high sensitivity, may be more prone to experiencing anxiety.
Types of Anxiety
Anxiety disorders come in different forms, each with unique symptoms and challenges. Identifying the type of anxiety you’re experiencing is crucial for effective treatment and management.
Generalized Anxiety Disorder (GAD)
Characterized by persistent and excessive worry about a variety of topics, events, or activities. GAD often coexists with mood disorders, such as depression, making it essential to address both conditions to improve overall mental health and well-being.
Panic Disorder
Involves recurrent panic attacks, which are sudden periods of intense fear that may include palpitations, sweating, and feelings of impending doom.
Social Anxiety Disorder
Also known as social phobia, this condition involves overwhelming anxiety and excessive self-consciousness in social situations.
Obsessive-Compulsive Disorder (OCD)
Individuals experience recurring, unwanted thoughts (obsessions) and/or repetitive behaviors (compulsions).
Post-Traumatic Stress Disorder (PTSD)
Develops after exposure to a traumatic event and can involve flashbacks, nightmares, and severe anxiety.
Is Anxiety a Disability in Canada?
Yes, anxiety is considered a disability in Canada, particularly when it significantly impacts a person’s ability to function in daily life or perform their job.
Legal Recognition
Under the Canadian Human Rights Act, anxiety disorders are recognized as disabilities, entitling individuals to protection from discrimination and access to reasonable workplace accommodations.
Employment Rights
Employers are required to accommodate workers with anxiety disorders, which may include adjustments to work schedules, duties, or environments.
However, eligibility for disability benefits isn’t based solely on having a diagnosis of anxiety. To qualify for specific disability benefits, you must demonstrate that your condition severely impacts your ability to work and meets the criteria outlined in the benefit plan or program.
Anxiety Disability Benefits for Adults in Canada
If anxiety symptoms are preventing you from working, you may be eligible for various disability benefits:
Employment Insurance (EI) Sickness Benefits
EI sickness benefits provide up to 15 weeks of financial assistance if you’re unable to work for medical reasons. You must have worked the required number of insurable hours and provide a medical certificate confirming your inability to work.
- Application: Submit an application online or at a Service Canada office as soon as you stop working.
Short-Term Disability (STD) Benefits
STD benefits provide financial support for a temporary period, typically up to 17 weeks, through an employer’s insurance plan.
- Application: Obtain forms from your employer or insurer, and submit all required documentation promptly.
Long-Term Disability (LTD) Benefits
LTD benefits offer extended financial support if you’re unable to return to work after STD or EI benefits run out. It can last for several years, often until age 65 or until you’re able to return to work. You must meet your insurer’s definition of “totally disabled,” meaning you can’t perform your own job or any suitable employment based on your education, training, and experience.
- Application: Requires detailed medical evidence and may involve assessments by the insurer.
Canada Pension Plan (CPP) Disability Benefits
Those with severe and prolonged anxiety symptoms who are unable to work may qualify for Canada Pension Plan (CPP) disability benefits. Provided by the federal government, it offers long-term financial support to Canadians who have contributed to the CPP and are under the age of 65.
- Application: Involves a detailed application and medical report submitted to Service Canada.
Disability Tax Credit (DTC)
Anxiety can qualify for the Disability Tax Credit (DTC) in Canada if it severely impacts daily functioning. The DTC is a non-refundable tax credit that reduces the income tax you owe.
- Application: Requires Form T2201 to be completed by you and your medical practitioner and submitted to the Canada Revenue Agency.
Provincial Disability Benefits
Each province offers its own disability assistance programs, which are generally based on financial need and the severity of your disability. They can include income support, health benefits, and employment support services.
- Application: Process varies by province, typically involving an application form and medical assessment.
How to Apply for Anxiety Disability Benefits
Applying for short-term or long-term disability benefits for anxiety involves several critical steps:
1. Obtain a Formal Diagnosis
See a psychiatrist, psychologist, or other qualified healthcare provider to get an official anxiety diagnosis. Ensure the assessment covers your medical history, symptom severity, and how symptoms affect your daily life.
2. Document Your Symptoms and Impact on Work
Record how anxiety symptoms affect your ability to perform your job duties, through a journal or diary. Gather all relevant medical documents, including test results, treatment plans, and doctor’s notes.
3. Follow Prescribed Treatment Plans
Engage in all recommended therapies, whether medication, counseling, or behavioral strategies. Keep records of appointments, medications taken, and any side effects experienced.
4. Communicate with Your Employer
Discuss possible workplace accommodations that could help you perform your job. Keep a record of all communications with your employer regarding your condition and any accommodations provided.
5. Complete Application Forms Thoroughly
Provide comprehensive answers to all questions on the application forms. Double-check all information for accuracy before submission.
6. Submit Supporting Documentation
Attach medical records, letters from healthcare providers, and any other evidence that supports your claim. Make it easy for the reviewer to find and understand your documentation.
7. Meet All Deadlines
Be aware of all application deadlines for the specific benefits you’re applying for. Submit your application as soon as possible to avoid delays.
8. Follow Up on Your Application
Check the status of your application periodically. Provide any additional information requested by the benefit provider promptly.
9. Get Legal Advice
If you’re unsure about the process or face challenges, get invaluable professional guidance from our team.
Contact the anxiety disability lawyers at Samfiru Tumarkin LLP for a FREE consultation if your STD or LTD claim is denied by the insurance company.
Our experienced legal team specializes in disability benefits. We can help you navigate the process and improve the chances of your claim for benefits being approved.
Further enhance your long-term disability claim. Watch this short video where we share three effective ways to make your application stronger:
Applying for disability benefits can be overwhelming, but taking it step by step can make the process more manageable. Remember, it’s okay to ask for help along the way.
Common Reasons for Denial of Anxiety Disability Claims
Disability claims for anxiety are often denied for the following reasons:
Insufficient Medical Evidence
Claims are frequently denied due to a lack of comprehensive medical documentation.
Solution: Provide detailed medical records, including diagnosis, treatment plans, and letters from healthcare providers explaining how anxiety affects your ability to work.
Not Meeting the Definition of Disability
Each benefit program has specific criteria for what constitutes a “total disability.” This is a misleading term created by insurance companies. It simply means that your insurer believes you don’t meet the criteria for disability benefits, and that you are still capable of performing your job despite the impact of anxiety.
Solution: Ensure you understand the criteria and clearly demonstrate how your condition meets these requirements in your application.
Non-Compliance with Treatment
Failing to follow prescribed treatments without a valid reason can lead to denial.
Solution: Follow and document all recommended treatments. If you can’t follow a treatment due to side effects or other issues, have your doctor note this in your records.
Pre-Existing Condition Exclusions
Some insurance policies exclude coverage for conditions that existed before the policy started.
Solution: Review your policy to understand any exclusions.
Incomplete or Inaccurate Applications
Errors or omissions in your application can result in denial.
Solution: Double-check all sections of your application for completeness and accuracy. Consider having someone else review it before submission.
Missed Deadlines
Failing to submit your application or required documents on time can automatically disqualify you.
Solution: Keep track of all deadlines and submit materials promptly.
These are some of the common reasons your insurer may give for denying your anxiety disability claim. If your claim is denied for any reason, get a free consultation with a disability lawyer to learn how to get your benefits.
What to Do If Your Anxiety Disability Claim is Denied
Receiving a denial can be discouraging, but it’s important to remember that you have options.
1. Review the Denial Letter Carefully
The letter should outline why your claim was denied. Knowing the specific reasons can help you address them effectively.
2. Gather Additional Evidence
Obtain recent evaluations or additional statements from your healthcare providers that address the denial reasons. If there were misunderstandings or missing information, provide explanations or additional documentation.
3. Consult a Disability Lawyer
Before filing an appeal, consult with an experienced disability lawyer at our firm who specializes in disability claims. Samfiru Tumarkin LLP can help you decide whether to appeal internally, file a lawsuit, or take other actions.
Watch this video to learn why hiring a disability lawyer can make a difference in your case:
4. Avoid Immediate Appeals Without Legal Guidance
Internal appeals are often handled by the same company that denied your claim and may not be in your best interest. In fact, they are rarely successful. Insurers profit by denying you access to your disability benefits and keeping your money.
There are strict time limits for taking legal action, so it’s important to act promptly.
5. Continue Following Medical Advice
Keep attending appointments and following treatment plans. This shows ongoing commitment to managing your condition. Maintain records of all medical visits, treatments, and any correspondence related to your claim.
6. File a Legal Claim
If appropriate, your Samfiru Tumarkin LLP disability lawyer may advise taking legal action against the insurer to secure the benefits you’re entitled to. Legal processes are often the most effective way to achieve a positive outcome.
Facing a denial can be stressful, but with the right support and information, you can navigate this challenge more effectively. That is why it’s crucial to get the right legal advice before appealing your insurer’s decision. An experienced disability lawyer at Samfiru Tumarkin LLP can help you determine the best course of action.
Frequently Asked Questions
Below are some frequently asked questions to help you understand more about the anxiety disability benefits process. Find more answers in our full LTD FAQ section.
Is Anxiety Considered a Disability in Canada?
Yes, anxiety is recognized as a disability in Canada. Individuals with anxiety may qualify for various disability benefits if the condition significantly impairs their ability to work or perform daily activities.
Is Anxiety a Disability in Ontario?
Yes, anxiety is recognized as a disability in Ontario. Individuals experiencing significant challenges due to anxiety may be eligible for short-term and long-term disability benefits through private insurance or the Ontario Disability Support Program (ODSP). Both evaluate how anxiety affects your daily functioning and ability to work to determine eligibility for assistance.
Is Anxiety a Disability in Alberta?
Yes, in Alberta, anxiety is recognized as a disability. Individuals who face significant difficulties due to anxiety may qualify for short-term or long-term disability benefits through private insurance or the Assured Income for the Severely Handicapped (AISH) program. Eligibility is based on how much anxiety interferes with your daily activities and ability to work.
Is Anxiety a Disability in B.C.?
Yes, anxiety is considered a disability in British Columbia. Those experiencing substantial challenges because of anxiety might be eligible for short-term and long-term disability benefits via private insurance or the provincial Disability Assistance Program. Eligibility is determined by assessing how anxiety impacts your everyday functioning and capacity to maintain employment.
Is Anxiety a Permanent Disability?
Anxiety is often considered a chronic condition that can persist throughout a person’s life. If it significantly impairs your ability to work or perform daily activities, it can be recognized as a permanent disability for the purposes of disability benefits in Canada. This designation depends on the severity of the condition and how it affects daily functioning.
How Long Does the Disability Benefits Application Process Take?
The timeline varies depending on the type of benefit and the completeness of your application. It can range from several weeks to a few months. Prompt submission of all required documents can help speed up the process.
Do I Need a Lawyer to Apply for Disability Benefits?
Yes. While you can apply on your own, consulting a disability lawyer at Samfiru Tumarkin LLP can significantly improve your chances of approval, especially if your case is complex or has been previously denied.
Are There Anxiety Grants Available in Canada?
Yes, various grants and funding opportunities exist to support individuals with anxiety, particularly for education and treatment. This includes the Registered Disability Savings Plan (RDSP), DTC, CPP Disability, and provincial disability assistance programs.
What If My Employer Denies Accommodations for My Anxiety?
Employers are legally required to provide reasonable accommodations, even if it is difficult or costly to do so. If they fail to accommodate, you may have grounds for wrongful dismissal and a human rights complaint. Contact us to explore your options in Ontario, Alberta or B.C.
Resources and Support
Contact Us for a Free Consultation
You’re not alone in this journey.
Living with Anxiety can be challenging, and obtaining the disability benefits you’re entitled to shouldn’t add to your stress. At Samfiru Tumarkin LLP, we’re here to listen, support you, and advocate for your rights—ensuring you receive the compensation you’re entitled to.
Our compassionate team of experienced disability lawyers understands the complexities of Anxiety disability claims in Canada. Some of our lawyers have previously worked for insurers; we know how they think, why they deny certain disability claims, and how to successfully navigate the system on your behalf.
Samfiru Tumarkin LLP is a nationally recognized leader in insurance and disability law, dedicated to informing Canadians of their rights through:
- The Disability Law Show on TV and radio
- Insightful livestreams
- Over 1,000 media interviews
- Comprehensive resources, such as FAQs on long-term disability and guides on how to apply for different medical conditions.
We’re proud to have helped clients like you overcome these obstacles and obtain the benefits they needed. Here are some of their stories:
Sandra Bullock’s Triumph After $5.3M Legal Claim
Her long-term disability coverage was reinstated after we took legal action against Sun Life. Learn more.
Teacher Secures Six Figures in Disability Benefits
We successfully won compensation for Julie after she suffered a brain injury in a student assault. Follow her saga.
Nova Scotia Man Challenges Paralysis Claim Denial
Mitch’s insurer, SSQ, said he wasn’t “totally disabled” despite his spinal fracture. We took on his case.
Mother Battles Insurer While Daughter in Palliative Care
We helped Amanda after her insurer denied her mental health benefits. Discover her story.
Whether you’re struggling to get approved for benefits, appealing a denial, or dealing with a claim cut-off after two years, we’re here to assist you. Contact us today for a free consultation and find out how we can support you through the process and protect your rights. Our services extend across all Canadian provinces, excluding Quebec.
Don’t wait. Discover how our experts can help with your disability claim.
Areas We Serve
Our team of experienced disability lawyers can help individuals in all provinces (excluding Quebec) when their insurance company denies their anxiety claim or their CPP Disability benefits are denied.
Whether you’re dealing with major insurers like Manulife, Sun Life, or any other provider, we have the expertise to assist you. See our comprehensive list of long-term disability insurance companies in Canada to learn more about how we can help with your specific insurer.
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