Cancer and Long-term Disability Claims

A cancer diagnosis can be extremely challenging, not just physically, but emotionally and mentally. If you have cancer and are unable to work, you can apply for long-term disability benefits provided through your employer’s group benefits plan or an individual plan you have purchased. These benefits will provide income replacement while you take the time needed to pursue treatment and recover.

Read on to learn more about cancer, and how you can get the help you need if your long-term disability claim for cancer is denied.

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Is Cancer a long-term disability?

Yes, cancer is considered a long-term disability.

Like other long-term disabilities, in order to qualify for long-term disability benefits through your insurance provider, you must provide evidence of a disability or disabling symptoms. Whether you qualify will depend on eligibility requirements, the severity of your illness, and how your illness interferes with your ability to perform your job. It is important to be able to prove that you are unable to carry out your regular duties at work and need disability benefits for income replacement.

Why are long-term disability claims for cancer denied?

Insufficient evidence of an inability to work

Long-term disability policies require that for benefits to be granted that policy holders cannot work due to their illness or disability. Although cancer and its treatment can cause debilitating symptoms, an insurance company may claim that an individual can do sedentary work, or similar work to your current occupation. But if you can’t work, and your doctor confirms this, then you are entitled to long-term disability benefits.

There is a pre-existing condition

Many long-term disability policies have an extensive pre-existing conditions clause that may invalidate certain claims. This includes denying benefits for individuals who are seeking benefits for a condition that they may have been diagnosed with initially (one to two years prior to the current claim) but did not become critically ill at the time.

Claims can be denied if early detection tests identified the cancer prior to the beginning of the enrolment period for your current benefit plan. Be sure to check your policy for it’s pre-existing conditions exclusion clause.

How to improve your chances of getting benefits approved

Keep records of your medical tests, treatment, and specialists seen

Objective medical evidence is by far the most important part of your disability claim. It is important to keep a record of all the diagnostic test results as well as any medical imaging that is done (MRIs, CT scans). You can also include the record of your treatment, thorough treatment notes, lists of any medications you are taking, and any additional reports from your doctor.

Provide evidence of disabling symptoms

In some cases, it may not just be your illness that is preventing you from working, but also the side effects of the treatment. Some cancer treatments can cause nausea, fatigue, dizziness, infection, and pain. Some individuals may continue to experience these symptoms even after treatment has stopped.

It is important to detail the disabling symptoms and how they are preventing you from working. Wherever possible, have your doctor record your symptoms and side effects in their treatment notes. Keep your doctor(s) informed of any changes in the way you are feeling, before, during, and after treatment, and how this might affect your ability to work.

Present a narrative of your illness

Your doctor can write a report that shows the overall arc of your illness and treatment. This detailed statement will demonstrate your diagnosis, what treatments you have undergone, and how it has affected you. You can also write a personal statement detailing how your illness is affecting you. You can explain how it has hindered your ability to work, the side effects of your treatment and medications, and any lingering physical or cognitive symptoms that you are coping with.

Was your long-term disability claim for cancer denied?

If you can’t work due to cancer or the side-effects of cancer treatment, contact our team immediately. Our long-term disability lawyers once worked for large insurance companies, but not advocate only for individuals going up against those companies. We know how the system works, and we have the knowledge and insight required to help our clients get the money they deserve when their benefits are denied. We will fight for you and deal with the insurance company on your behalf.

Don’t walk way from your rights. That is what the insurance company wants you to do. They may also encourage you to appeal the denial. Do not go through the insurance company’s appeals process! In most cases, your appeal will be unsuccessful, and your insurer will use this tactic to run out the clock on your time limit to file a claim for full compensation.

If your disability claim is denied in Canada, you need to contact the experienced long-term disability lawyers at Samfiru Tumarkin LLP immediately at 1-855-821-5900 for a FREE CONSULTATION. We will review the facts of your situation, tell you if you have a case, and take the fight to the insurance company on your behalf. Don’t let them walk away with the money that they owe you in your time of need.

Get the advice you need, the compensation you deserve.

Additional Resources

• Cancer Care Ontario – Resources for patients and families
• Canadian Cancer Society – How we can help
• Canadian Partnership Against Cancer – Patient Resources
• Wellspring Canada
• Sunnybrook Hospital – Odette Cancer Centre