COVID

Mental health and long-term disability during COVID-19

Can I get long-term disability if I am suffering from mental illness due to COVID-19?

The COVID-19 pandemic has created unprecedented stress and hardship for many people. Social isolation and anxiety may have exacerbated underlying mental health problems. The pandemic has threatened the mental health of vulnerable individuals. The lockdowns resulted in a lack of access to psychological support for individuals. For some, making a long-term disability (LTD) claim for benefits may be their only chance to get things back on track. It can provide the time and resources required to focus on recovery.

Who qualifies for LTD?

In Canada, mental illness is a disability, and individuals suffering from mental illness do qualify and should apply for LTD. LTD provides income support for individuals who are off work due to illness or injury. LTD benefits may be available to you in a group insurance plan through your employer. They may also be available through your private insurance plan if you are self-employed.

If your symptoms are preventing you from performing the essential duties of your occupation, you should qualify for LTD benefits. Mental health problems can affect an individual’s ability to focus, concentrate, and tolerate stress. They can also cause physical symptoms that interfere with a person’s daily functioning. It is important to seek professional help if you are experiencing any signs or symptoms of mental illness.

How to get approved for LTD benefits

Mental illness is not something that can typically be diagnosed with objective medical testing, the way you can prove a broken leg or arm with an x-ray. Mental health issues can be harder to prove. Although it may be less visible, it is still a disability, and as such, it is worthy of an LTD claim.

Insurance providers are waking up to the fact that mental health issues are a real problem for many individuals. Although they may make it more difficult to get benefits, it is still possible. It can be beneficial to seek out a specialist to help with the diagnosis and treatment of any mental illness.

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Your family doctor’s opinion won’t always be enough

If you are suffering from mental illness, seeking appropriate treatment is critical. The point is to get better, and a mental health specialist may be able to provide support and assistance that your family doctor cannot. A specialist’s opinion will also help give legitimacy to your application for LTD benefits. A specialist can provide an expert’s insight into your condition and explain the level of care required for you to get better.

You will need a diagnosis from a specialist, and unfortunately, getting to see a specialist can take time. Since there are usually long waiting lists, it’s important to seek help as soon as possible.  You will also need a letter from a specialist explaining how your illness is interfering with your work.

Explain how mental illness is interfering with your work

Your application for LTD will need to explain how your illness is interfering with your work. Include a statement from your doctor with your application, along with your medical records. You can even provide your doctor with a description of your duties at work and explain to them how your symptoms are interfering with your duties.

What to do if your LTD claim is denied

If your claim was denied, the denial letter will state that you have a right to appeal your case, but appeals are usually unsuccessful. Insurance companies are not responsible to any outside regulator or investigator, so the same person who made the decision to deny your claim will be reviewing and denying your appeal. The appeals process can also drag on for years and run out the clock on your time limit to file a claim against your insurer for full compensation of benefits.

How an LTD lawyer can help

If your LTD claim is denied for any reason, speak to an experienced long-term disability lawyer at our firm. Once we’re on your side, we will deal with the insurance company for you. We know that if you are suffering from an illness, you may not have the energy to deal with the insurance company – we’re here to help.

Contact Samfiru Tumarkin LLP for a free review of your case. We will work to get you the advice you need, and the compensation you deserve.

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Consult with Samfiru Tumarkin LLP. We are one of Canada's most experienced and trusted employment, labour and disability law firms. Take advantage of our years of experience and success in the courtroom and at the negotiating table.

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