Living with or recovering from ARDS can be life-changing. Many people need weeks or months to heal after the ICU—and some are left with lasting breathing problems, fatigue, “brain fog,” anxiety, or depression that make work difficult or impossible.
At Samfiru Tumarkin LLP, we help Canadians secure the disability benefits they’re owed after serious respiratory illnesses, including ARDS linked to pneumonia, smoke inhalation (e.g., wildfire exposure), severe flu or COVID-19, and other medical emergencies.
🔍 FAST FACTS
- ARDS = Sudden lung failure that causes dangerously low oxygen levels.
- Often follows pneumonia, sepis, aspiration, trauma, or smoke inhalation (including wildfire smoke).
- Recovery may involve ventilators, high-flow oxygen, and rehab. Some people develop long-term limitations.
- If ARDS (or its complications) keeps you from working, you may qualify for STD, LTD, EI Sickness, CPP Disability, DTC, and provincial supports
What is ARDS?
Acute Respiratory Distress Syndrome is a severe, sudden injury to the lungs. Fluid and inflammation make the lungs stiff, so oxygen can’t pass into the blood. Many patients need ICU care and mechanical ventilation.
How it’s diagnosed (plain-English version): doctors confirm acute onset of breathing failure, bilateral lung changes on X-ray/CT, and low oxygen levels not fully explained by heart failure. You might see terms like “PaO₂/FiO₂ ratio,” “PEEP,” “high-flow,” “ECMO,” or “Berlin criteria.”
🔥 Wildfire & Smoke Inhalation
Exposure to heavy smoke — including wildfire smoke or structural fires — can irritate and injure the lungs, trigger asthma or COPD flare-ups, or, in severe cases, contribute to ARDS. If your ARDS followed smoke inhalation, make sure your medical records document the exposure.
Symptoms and Lasting Effects
- During ARDS: extreme shortness of breath, fast breathing/hear rate, confusion, low oxygen, chest discomfort. ICU support is common.
- After ARDS (post-ARDS syndrome): breathlessness, low exercise tolerance, fatigue, memory and concentration issues, anxiety and depression, and muscle weakness. Some need supplemental oxygen or pulmonary rehabilitation for months.
Asthma vs. ARDS: Asthma is a chronic airway condition with flare-ups, while ARDS is an acute lunh injury. You can have both — especially after smoke exposure — and both conditions shouild be considered a disability claim.
Who Does ARDS Affect?
- People with severe infections (pneumonia, sepsis)
- Inhalation injuries (wildfire smoke, industrial smoke, housefires)
- Trauma, major surgery, pancreatitis, or aspiration
- Higher risk with older age or underlying lung or heart disease
Is ARDS a Disability in Canada?
Yes—if it substantially limits your ability to work. Canadian human rights laws protect workers with disabilities and require employers to provide reasonable accommodations. For income support, eligibility depends on the evidence and the definition of disability in your plan/program.
🔍 Evidence That Helps
- ICU or hospital records, ventilator settings, oxygen requirements
- Imaging (CXR/CT), ABGs, PFTs (spirometry), 6-minute walk test
- Pulmonologist notes, pulmonary rehab reports, oxygen prescriptions
- Functional limits at work (e.g., can’t climb stairs, speak at length, or tolerate masks or particulates)
- Co-morbid issues (asthma, COPD, anxiety, PTSD, neuropathy, critical-illness myopathy)
ARDS Disability Benefits in Canada
Employment Insurance (EI) Sickness Benefits
Up to 15 weeks of income support when you can’t work for medical reasons. Requires insurable hours and a medical certificate.
Short-Term Disability (STD)
Employer or group plans typically cover weeks to months of disability. Check your booklet for the short-term disability waiting period and duration.
Long-Term Disability (LTD)
If you’re still unable to work after STD/EI, LTD can pay monthly benefits, often to age 65, if you meet the plan’s test of disability.
- Own-occupation (usually first 24 months): can you do your job?
- Any-occupation (after 24 months): can you do any suitable job given your education, training, and experience?
Canada Pension Plan Disability (CPP Disability)
CPP Disability is for disabilities that are severe and prolonged (long-lasting or indefinite), where you’re regularly incapable of pursuing any substantially gainful occupation. Requires sufficient CPP contributions.
Disability Tax Credit (DTC)
A non-refundable credit that can reduce tax owing when you have marked, prolonged restrictions (or cumulative effects). ARDS qualifies for DTC when limitations are significant and long-term.
Provincial Programs
ODSP (Ontario), AISH (Alberta), BC Disability Assistance, and other provincial programs may provide income and health benefits based on impairment and financial need.
⏳ Deadline Alert
Benefit and legal time limits are strict. Some insurer deadlines are days or weeks after you stop working. Apply early and keep proof of submission.
How to Apply for ARDS Disability Benefits (Step-by-Step)
- Get a clear diagnosis
Ensure your records reflect ARDS, the cause (e.g., pneumonia, smoke inhalation), and complications. - Collect objective proof
Hospital discharge summaries, ICU notes, imaging, ABGs, PFTs, 6-minute walk, oxygen prescription, rehab notes. - Document functional limits
Shortness of breath on exertion, intolerance to particulates or fumes, mask intolerance, frequent rests, cognitive fatigue (“brain fog”). - Follow treatment
Pulmonary rehab, inhalers (if asthma or COPD overlap), oxygen therapy, counselling for anxiety or PTSD. Track side effects. - Complete forms thoroughly
Answer each question. Attach organized medical evidence. Ask your pulmonologist or family doctor for a detailed opinion on work capacity. - Coordinate with your employer
Explore accommodations (reduced hours, remote work, air filtration, low-exertion duties, masks and respirator options). - Submit on time & follow up
Keep copies of everything. Confirm receipt.
✅ Get Help Now. Contact the ARDS disability lawyers at Samfiru Tumarkin LLP for a FREE consultation if your STD, LTD, CPPD, or DTC 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.
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 ARDS Claims Are Denied (and How to Respond)
Disability claims for ARDS are often denied for the following reasons:
- Insufficient medical evidence
- Not totally disabled
- Non-compliance with treatment
- Pre-existing condition exclusions
- Incomplete or inaccurate application
- Missed deadlines
These are some of the common reasons your insurer may give for denying your 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.
✅ Key Takeaway
A denial is not the end. Internal appeals rarely succeed. Get legal advice from Samfiru Tumarkin LLP before appealing.
What to Do If Your ARDS Claim Is Denied
- Read the denial letter (note every reason).
- Pluge the gaps with fresh medical evidence and detailed functional notes.
- Speak to a disability lawyer at Samfiru Tumarkin LLP to decide whether to appeal internally or start a legal caim.
- Mind the limitation period. Don’t miss it.
- Keep treating and documenting symptoms.
FAQs About ARDS Disability
Is ARDS a Permanent Disability?
It can be. Some recover fully; others have long-term lung and cognitive issues that prevent regular work. Benefits depend on current limitations, not just the past diagnosis.
Does Wildfire Smoke or Smoke Inhalation Matter in a Claim?
Yes. If smoke exposure triggered or worsened your condition, ask your doctor to record the exposure and its ongoing effects (e.g., particulate sensitivity).
What If I Also Have Asthma or COPD?
List everything. Overlapping conditions often strengthen claims when they combine to limit work.
Can I Try Part-time or Graduated Return to Work on LTD?
Many policies allow rehabilitative or partial benefits. Get written approval from the insurer and your doctor.
My Insurer Cut Me Off at the 2-Year Mark
That’s the own-occupation vs. any occupation change. We regularly challenge “any-occupation” cutoffs when work-ready is not realistic.
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.
Resources and Support
Free Consultation: Speak to a Disability Lawyer
If your ARDS disability claim has been denied, delayed, or cut off — don’t give up. That’s exactly what the insurance company is counting on.
Book your FREE consultation with a disability lawyer in Canada at Samfiru Tumarkin LLP. We’ve helped over 50,000 Canadians get the compensation they deserve. We’ll deal with the insurer so you can focus on your health.
✅ Insider Advantage: Sivan Tumarkin, co-founding partner of Samfiru Tumarkin LLP, previously worked for insurance companies. Today, he uses that knowledge to advocate for disabled individuals across Ontario. He knows insurers’ strategies, and how to level the playing field in your favour.
See how we’ve helped people like Sandra Bullock, Julie Austin, and Mitch Murphy.
Connect with Canada’s top disability law firm today. Call us at 1-855-821-5900, email help@disabilityrights.ca, or request a callback through our Free Consultation Form.
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