A multiple sclerosis disability lawyer can help if your short-term or long-term disability benefits have been denied, delayed or cut off.
An insurance company may accept that you have MS but argue that your symptoms are stable, your medical testing does not support your limitations or you can perform sedentary or remote work.
The insurer should consider the combined effect of fatigue, weakness, pain, mobility problems, cognitive changes, vision symptoms and unpredictable relapses on your ability to work consistently.
Samfiru Tumarkin LLP represents people with denied and terminated disability claims throughout Canada, excluding Quebec.
On This Page:
- How an MS Disability Lawyer Can Help
- When to Contact a Lawyer
- Why MS Claims Are Denied
- Evidence for Your Claim
- What Happens Next?
- Frequently Asked Questions
How Can a Multiple Sclerosis Disability Lawyer Help?
A disability lawyer can review your insurance policy, denial letter and medical evidence to determine why your benefits were refused or terminated.
A lawyer may help by:
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Explaining the definition of disability in your policy
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Identifying weaknesses in the insurer’s decision
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Determining what medical or functional evidence is missing
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Showing how MS affects your actual job duties
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Addressing fatigue, brain fog and other invisible symptoms
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Communicating and negotiating directly with the insurer
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Starting legal action when appropriate
Connecting Your MS Symptoms to Your Occupation
The effect of multiple sclerosis depends partly on the work you perform.
Weakness, balance problems or reduced coordination may prevent physical and safety-sensitive work. Fatigue, memory problems and slowed information processing may interfere with office, professional and remote employment.
A lawyer can help show why your combined limitations prevent you from meeting the physical, cognitive, attendance and productivity requirements of your occupation.
When Should You Contact an MS 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 your MS is stable or controlled
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Fatigue or cognitive symptoms are being overlooked
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You are told that you can perform sedentary or remote work
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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
You do not have to wait for your MS to progress further or cause severe mobility loss. Fatigue, cognitive changes, pain and unpredictable symptoms may be disabling long before someone requires a cane or wheelchair.
Do You Have to Appeal to the Insurance Company?
An insurer may invite you to submit an internal appeal after denying your multiple sclerosis disability claim.
An internal appeal is not always the best option. The same insurance company that denied the claim will review it, and submitting similar evidence may produce the same result.
You may not need to complete the insurer’s appeal process before pursuing legal action. Speak with a disability lawyer before deciding how to respond.
Why Are Multiple Sclerosis Disability Claims Denied?
An insurance company may deny an MS disability claim even when your doctor or neurologist supports you being off work.
Common reasons include:
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Your MS appears stable between relapses
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MRI results do not appear to explain your limitations
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Fatigue, pain or brain fog are described as subjective
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Your medical records do not clearly explain your work restrictions
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The insurer says you can perform sedentary or remote work
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Your occasional activities are presented as proof that you can work
The Insurer Says Your MS Is Stable
Stable imaging or a period without a major relapse does not necessarily mean your work limitations have resolved.
You may continue to experience severe fatigue, weakness, pain, bladder problems, cognitive changes or reduced stamina despite treatment and stable test results.
The insurer should consider the limitations that remain—not simply whether your condition has recently become worse.
The Insurer Overlooks Invisible Symptoms
Fatigue, nerve pain and cognitive changes may not be obvious during a short appointment or recorded by an MRI.
These symptoms can still prevent you from concentrating, working at an acceptable pace or maintaining regular attendance.
The Insurer Says You Can Perform Sedentary Work
A desk job may involve less physical activity, but it still requires concentration, communication, predictable attendance and consistent productivity.
The ability to remain seated does not prove that you can sustain sedentary work while managing fatigue, pain, vision problems or brain fog.
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 perform your previous occupation but argue that you can work elsewhere.
It should consider whether the proposed occupation is genuinely suitable and whether you can perform it consistently given your symptoms, education, training and work experience.
What Evidence Supports an MS Disability Claim?
A multiple sclerosis diagnosis is important, but it may not explain everything the insurer needs to know.
Your evidence should show how MS affects your ability to perform your actual job throughout a normal work schedule.
Helpful evidence may include:
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Medical records from your family doctor and neurologist
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MRI results and other relevant testing
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The frequency and effect of relapses
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Specific mobility, stamina and cognitive restrictions
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Your treatment history and medication side effects
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A detailed description of your occupation
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Failed accommodation or return-to-work attempts
Describe Fatigue Clearly
Simply stating that you are tired may not explain the severity of MS fatigue.
Describe when your energy declines, how activity affects your symptoms and how much rest you need before you can function again.
For example, you may be able to complete a brief appointment but require several hours of recovery afterward.
Document Cognitive Changes
Explain whether you have difficulty remembering information, concentrating, finding words, switching between tasks or processing information quickly.
These limitations should be connected to specific duties such as managing deadlines, communicating with clients, making decisions or completing detailed work.
What Happens After You Contact an MS Disability Lawyer?
During an initial consultation, a disability lawyer may ask about your symptoms, occupation, treatment and the insurer’s reason 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 evidence and functional limitations
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Your job duties and accommodation attempts
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Important dates and possible legal deadlines
The lawyer can then explain whether the insurer’s decision may be challenged and what evidence could strengthen your case.
How Can an MS Disability Claim Be Resolved?
Depending on the circumstances, a denied claim may be resolved through reinstatement of monthly benefits, payment of benefits previously withheld or a negotiated settlement.
There is no standard multiple sclerosis disability settlement. The outcome depends on the policy, monthly benefit, medical evidence, age, prognosis 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 MS Disability Lawyers
What does a multiple sclerosis disability lawyer do?
An MS disability lawyer reviews your insurance policy, medical evidence and denial letter and helps challenge the insurer’s refusal to pay benefits.
When should you contact an MS disability lawyer?
Speak with a lawyer after your claim is denied or cut off, before filing an internal appeal, or if the insurer pressures you to return to work against medical advice.
Can a lawyer help before your benefits are terminated?
A lawyer may provide advice when the insurer requests additional information, schedules an assessment or warns that benefits may end.
Can stable multiple sclerosis qualify for LTD benefits?
Yes. Stable imaging or fewer relapses do not necessarily mean that fatigue, pain, weakness or cognitive limitations have resolved.
Can MS qualify if you can still walk?
Yes. You do not need to use a mobility aid. Fatigue, cognitive symptoms, pain and other limitations may prevent work even when you can walk independently.
Do you have to appeal to the insurer first?
Not necessarily. An internal appeal is only one possible option. Speak with a disability lawyer before deciding how to challenge the denial.
How long do you have to challenge an MS disability denial?
Legal deadlines apply and may vary based on the province, policy and circumstances. Get legal advice promptly to protect your options.
Speak With a Multiple Sclerosis Disability Lawyer
Living with unpredictable MS symptoms is difficult enough. You should not have to fight an insurance company alone while managing fatigue, pain, cognitive changes and 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 MS claims are challenged and what evidence may be needed to dispute a denial.
For more information about eligibility and available benefits, read our guide to multiple sclerosis disability claims in Canada.
Contact us for a free consultation if your short-term or long-term disability claim has been denied or cut off.