An ulcerative colitis 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 ulcerative colitis but argue that your condition is in remission, your test results have improved or access to a washroom should allow you to keep working.
These arguments can overlook the realities of urgent bowel movements, bleeding, abdominal pain, fatigue and unpredictable flare-ups. Even when measurable inflammation improves, ongoing symptoms may prevent regular attendance and consistent productivity.
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
- Why Colitis Claims Are Denied
- Evidence for Your Claim
- What Happens Next?
- Frequently Asked Questions
How Can an Ulcerative Colitis Disability Lawyer Help?
A disability lawyer can review your insurance policy, medical records and denial letter 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 insurance policy
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Identifying weaknesses or inconsistencies in the insurer’s decision
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Determining what medical and functional evidence is missing
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Connecting your symptoms to the demands of your occupation
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Addressing unpredictable flare-ups and attendance limitations
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Challenging the insurer’s reliance on remission or improved test results
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Communicating and negotiating directly with the insurance company
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Starting legal action when appropriate
Connecting Your Symptoms to Your Occupation
A disability claim should explain why ulcerative colitis prevents you from meeting the specific requirements of your job.
Urgent bowel movements may interfere with driving, teaching, serving customers, attending meetings or working away from a washroom. Pain, bleeding and fatigue may reduce your ability to concentrate, maintain physical activity or remain productive throughout a full day.
A lawyer can help show why your condition prevents you from maintaining the attendance, availability, pace and performance required by your employer.
When Should You Contact an Ulcerative Colitis 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 ulcerative colitis is in remission
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Your colonoscopy, bloodwork or stool testing has improved
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The insurer says washroom access or remote work should be sufficient
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Fatigue, bleeding, pain or treatment side effects are being overlooked
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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 another hospitalization, surgery or severe flare-up before getting legal advice.
Do You Have to Appeal to the Insurance Company?
An insurer may invite you to submit an internal appeal after denying your ulcerative colitis disability claim.
An internal appeal is not always the best option. The same insurance company that denied your claim will review the appeal, and submitting similar evidence may produce the same result.
You may not have to complete the insurer’s appeal process before pursuing legal action. A disability lawyer can review your circumstances and explain the available options.
Why Are Ulcerative Colitis Disability Claims Denied?
An insurer may accept your ulcerative colitis diagnosis while arguing that the available evidence does not prove you remain unable to work.
Common denial reasons include:
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Testing shows reduced inflammation
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The insurer says your condition is in remission
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Your symptoms improve between flare-ups
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Your medical records do not clearly explain your work restrictions
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The insurer says you can work near a washroom
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The insurer says you can perform remote work
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Fatigue and pain are dismissed as subjective symptoms
The Insurer Says You Are in Remission
Remission generally means that inflammation or disease activity has improved. It does not necessarily mean that every symptom or functional limitation has resolved.
You may continue to experience urgency, frequent bowel movements, abdominal pain, fatigue, anemia or treatment side effects.
Your evidence should explain which limitations remain and why they continue to interfere with reliable work.
The Insurer Relies on Improved Test Results
Colonoscopies, bloodwork, biopsies and stool tests may help assess inflammation. No single test necessarily establishes your ability to work.
Symptoms and measurable inflammation do not always correspond directly. The insurer should also consider your reported limitations, treatment history and ability to maintain a predictable schedule.
The Insurer Says You Can Work Near a Washroom
Having access to a washroom may help, but it does not resolve every workplace limitation.
Repeated interruptions may interfere with calls, meetings, customer service, teaching, health care and production work. Pain, bleeding, accidents and the time required in the washroom may also prevent normal productivity.
The issue is not simply whether a washroom exists. It is whether you can remain available and complete your work at the expected pace.
The Insurer Says You Can Work From Home
Remote work may provide easier washroom access and eliminate the commute. It does not eliminate severe symptoms.
Urgency, bleeding, pain and fatigue may still prevent you from attending virtual meetings, concentrating or meeting deadlines throughout a normal workday.
The Insurer Dismisses Fatigue as Subjective
Fatigue is a common and potentially disabling symptom of inflammatory bowel disease. It may continue even when ulcerative colitis is inactive.
Your medical records should explain how fatigue affects your stamina, concentration, pace and ability to repeat activities throughout the day.
The Insurer Says Surgery Resolved the Condition
Some people with severe ulcerative colitis require surgery to remove the colon. An insurer may argue that surgery eliminated the underlying disease.
Surgery does not automatically restore work capacity. Recovery, frequent bowel movements, ostomy care, dehydration, complications or additional procedures may continue to prevent reliable employment.
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 occupation but argue that you can perform another job.
It should consider whether another occupation is genuinely suitable and whether you can maintain the required attendance, concentration and productivity despite recurring symptoms.
What Evidence Supports an Ulcerative Colitis Disability Claim?
A diagnosis is important, but it may not provide enough information about your ability to work.
Helpful evidence may include:
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Medical records from your family doctor and gastroenterologist
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Colonoscopy, biopsy, bloodwork and stool-test results
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The frequency and urgency of bowel movements
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The frequency, severity and duration of flare-ups
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Records of bleeding, anemia, hospitalization or surgery
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Your treatment history and medication side effects
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A detailed description of your occupational duties
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Workplace accommodations and unsuccessful return-to-work attempts
Document the Frequency and Urgency of Symptoms
Your records should explain how often you use the washroom, whether the need is immediate and how much time symptoms take away from your activities.
Document accidents, false urges, bleeding, pain and situations where you could not safely commute or remain in a meeting.
Keep a Symptom Record
A daily record may help show patterns that are not apparent during occasional medical appointments.
Consider recording:
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The number and urgency of bowel movements
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Bleeding, pain and cramping
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Fatigue and sleep disruption
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Meals and activities affected by symptoms
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Appointments, treatment and recovery time
Share relevant information with your treatment providers so that your medical records accurately reflect your functional limitations.
Explain Your Failed Accommodations
If flexible hours, remote work, reduced travel or additional bathroom breaks did not allow you to continue working, explain why.
Document which symptoms continued, how often work was interrupted and why the arrangement was not sustainable.
Address Your Complete Medical Condition
Your disability claim should address every medical condition affecting your work capacity.
This may include anemia, joint pain, chronic fatigue, sleep difficulties, anxiety or depression.
What Happens After You Contact an Ulcerative Colitis Disability Lawyer?
During an initial consultation, a disability lawyer may ask about your symptoms, occupation, treatment and the insurer’s reason for denying or terminating 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 insurance policy
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Your medical evidence and functional restrictions
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Your job duties and accommodation history
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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 Ulcerative Colitis 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 ulcerative colitis disability settlement. The result depends on your insurance policy, monthly benefit, medical evidence, prognosis, age and other circumstances.
How Long Does a Disability Case Take?
There is no universal timeline. The length of a case may depend on the available evidence, the insurer’s response, whether additional assessments are needed and whether the matter settles or proceeds further through the legal process.
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 Ulcerative Colitis Disability Lawyers
What does an ulcerative colitis disability lawyer do?
A 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 a disability lawyer?
Speak with a lawyer after your benefits are denied or cut off, before filing an internal appeal or when the insurer pressures you to return to work against medical advice.
Can ulcerative colitis qualify for LTD while in remission?
Potentially. Bowel dysfunction, bleeding, fatigue, anemia, pain or treatment side effects may remain disabling after measurable inflammation improves.
Can the insurer deny your claim because you can work from home?
An insurer may argue that remote work is possible, but it should still consider whether your symptoms allow you to maintain regular attendance, concentration and productivity.
Does having access to a washroom prevent an LTD claim?
Not necessarily. Washroom access does not resolve frequent interruptions, urgency, accidents, bleeding, pain or an inability to remain available for your duties.
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.
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 your benefits may end.
How long do you have to challenge a denied claim?
Legal deadlines apply and may vary based on the province, policy and circumstances. Get legal advice promptly to protect your options.
Speak With an Ulcerative Colitis Disability Lawyer
Managing unpredictable bowel symptoms, bleeding, pain, fatigue and treatment is difficult enough. You should not have to fight an insurance company alone while facing financial uncertainty and pressure to return to work.
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 chronic and episodic disability 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 ulcerative colitis 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.