Living with asthma can make daily life feel like a constant challenge, with symptoms that limit your breathing, energy and ability to work. From managing flare-ups and medication schedules to coping with unpredictable triggers, asthma can be both physically draining and frustrating. If your condition is impacting your ability to perform your job, you’re not alone.
At Samfiru Tumarkin LLP, we’re committed to helping you obtain the disability benefits you need to support both your health and financial security. Our experienced team will guide you through Canada’s disability benefits system, ensuring you get proper compensation and the support necessary to focus on your well-being.
Table of Contents
2. Types of Asthma
3. Is Asthma a Disability in Canada?
4. Asthma Disability Benefits in Canada
7. How to Apply for Asthma Disability Benefits
8. Common Reasons for Denial of Asthma Disability Claims
9. What to Do If Your Asthma Disability Claim is Denied
10. FAQs
11. Expert Support for Your Asthma Claim
What is Asthma?
Asthma is a chronic respiratory condition that affects the airways, making it difficult to breathe. Common triggers include allergens, pollution, physical activity, and stress, all of which can cause asthma symptoms to flare up unexpectedly. The impact of asthma varies widely but often includes wheezing, shortness of breath, and a persistent cough, all of which can disrupt daily activities and sleep.
Asthma symptoms can range from mild to severe and may appear at any age. For some, asthma attacks are rare and easily managed, while others may face frequent, severe symptoms that profoundly affect their work, relationships, and quality of life.
Symptoms of Asthma
Asthma symptoms can vary significantly in intensity and frequency. While treatment can help manage symptoms, they can still be challenging to control and may impact day-to-day activities. Common asthma symptoms include:
- Shortness of Breath: Difficulty breathing, often feeling winded during activities or even while at rest.
- Wheezing: A whistling or squeaky sound when breathing, especially noticeable during exhalation.
- Chest Tightness: A feeling of pressure or tightness in the chest, which can be uncomfortable and limit physical activity.
- Chronic Coughing: Persistent coughing, especially at night or early in the morning, that may disrupt sleep and daily activities.
- Frequent Respiratory Infections: Increased susceptibility to respiratory infections, which can worsen asthma symptoms and recovery time.
Who Can Asthma Affect?
Asthma can impact individuals of any age, though it often begins in childhood. While it’s common among children, adults can develop asthma as well. Certain factors increase the likelihood of developing asthma. According to Statistics Canada, about 8.1% of Canadian adults and 10.8% of children have asthma. Individuals more at risk include:
- Individuals with Allergies: Those with allergies are more likely to develop asthma, as allergic reactions can trigger asthma symptoms.
- Family History of Asthma or Allergies: Genetics can play a role in asthma susceptibility.
- Exposure to Environmental Irritants: Living or working in areas with high pollution, smoke, or allergens can trigger asthma symptoms.
- Individuals with Respiratory Infections: Frequent respiratory infections during childhood can increase the risk of asthma later in life.
- People with Certain Occupations: Occupations that expose workers to irritants, such as chemical fumes, dust, or mold, increase the risk of asthma.
Types of Asthma
Asthma includes several types, each with distinct triggers and symptoms. Understanding the different forms can help in identifying symptoms and pursuing effective treatment:
- Allergic Asthma: Triggered by allergens such as pollen, dust, pet dander, or mold, which lead to symptoms after exposure.
- Non-Allergic Asthma: Brought on by factors unrelated to allergies, like stress, infections, or irritants in the environment.
- Exercise-Induced Asthma: Symptoms occur primarily during or after physical activity, especially in cold or dry conditions.
- Occupational Asthma: Caused by exposure to irritants specific to certain workplaces, such as chemicals, dust, or fumes.
- Childhood-Onset and Adult-Onset Asthma: Asthma that begins either in childhood, often with a genetic or allergic link, or in adulthood, typically triggered by workplace or environmental factors.
Is Asthma a Disability in Canada?
Yes, asthma is recognized as a disability in Canada under the Canadian Human Rights Act and equivalent provincial human rights laws. When asthma significantly limits a person’s ability to perform daily activities or meet job requirements, they are entitled to protection from workplace discrimination. Employers are also required to provide reasonable accommodations to help individuals with asthma manager their job effectively.
Employment Rights
Employers are required to accommodate workers with asthma, which may include adjustments to work schedules, duties, or environments.
However, eligibility for disability benefits isn’t based solely on having a diagnosis of asthma. 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.
Asthma Disability Benefits in Canada
If asthma makes it difficult or impossible for you to work, you may qualify for various disability benefits, including:
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 for Asthma
LTD benefits provide extended financial support if asthma prevents you from returning to work after STD or EI benefits expire. These benefits can last for several years – often until age 65 or until you’re able to work again. To qualify, you must meet your insurer’s definition of “totally disabled,” meaning you can’t perform your own job or any other 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 asthma symptoms that prevent them from working may qualify for Canada Pension Plan (CPP) disability benefits. Offered by the federal government, this program provides 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)
Asthma may 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 Asthma Disability Benefits
Applying for short-term or long-term disability benefits for asthma involves several critical steps:
1. Obtain a Formal Diagnosis
See a doctor or other qualified healthcare provider to get an official diagnosis for asthma. 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 asthma 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 asthma 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 Asthma Disability Claims
Disability claims for asthma 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 your asthma 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 asthma.
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 asthma 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 Asthma Disability Claim is Denied
Receiving a denial for short-term or long-term disability 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 short-term or long-term disability 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 asthma disability benefits process. Find more answers in our full LTD FAQ section.
Is Asthma Considered a Disability in Canada?
Yes, asthma is recognized as a disability in Canada. Individuals suffering from asthma may qualify for various disability benefits if the condition significantly impairs their ability to work or perform daily activities.
Is Asthma a Disability in Ontario?
Yes, asthma is recognized as a disability in Ontario. Individuals experiencing significant challenges due to asthma may be eligible for short-term and long-term disability benefits through private insurance or the Ontario Disability Support Program (ODSP). Both assess how asthma impacts daily functioning and work ability to determine eligibility for assistance.
Is Asthma a Disability in Alberta?
Yes, in Alberta, asthma is recognized as a disability. Individuals who face significant difficulties due to asthma 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 the condition interferes with daily activities and ability to work.
Is Asthma a Disability in B.C.?
Yes, asthma is considered a disability in British Columbia. Those experiencing substantial challenges because of asthma might be eligible for short-term and long-term disability benefits through private insurance or the provincial Disability Assistance Program. Eligibility is determined by assessing how asthma impacts everyday functioning and capacity to maintain employment.
Is Asthma a Permanent Disability?
Asthma can be a chronic condition, with symptoms that may persist throughout a person’s life. When asthma significantly impairs your ability to work or perform daily activities, it may qualify as a permanent disability for the purpose of receiving disability benefits in Canada. Whether asthma is considered a permanent disability depends on the severity and impact on your daily functioning, as well as medical evaluations.
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 Asthma 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.
What If My Employer Denies Accommodations for Asthma?
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.
Coping with asthma is challenging enough; securing the disability benefits you’re entitled to shouldn’t add to your burden. 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 asthma disability claims in Canada. Some of our lawyers have previously worked for insurers; we know how they assess claims, why they deny certain asthma claims, and how to navigate the system effectively 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 asthma 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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