Chronic fatigue syndrome can qualify as a disability in Canada when severe fatigue, post-exertional malaise, poor sleep or cognitive difficulties prevent you from working safely, consistently and reliably.
The condition is also known as myalgic encephalomyelitis or ME/CFS. Symptoms can fluctuate significantly and may worsen after physical or mental activity that previously caused no difficulty.
A diagnosis alone does not automatically qualify you for disability benefits. Your insurer must consider your symptoms, treatment and ability to sustain your actual job duties over time.
If your short-term or long-term disability claim has been denied or cut off, a chronic fatigue disability lawyer at Samfiru Tumarkin LLP can review the insurer’s decision during a free consultation.
On This Page:
- Is Chronic Fatigue a Disability?
- How It Affects Work
- Disability Benefits
- Proving Your Claim
- Why Claims Are Denied
- Frequently Asked Questions
Is Chronic Fatigue Syndrome Considered a Disability in Canada?
Yes. Chronic fatigue syndrome can be considered a disability when it substantially limits your ability to work or complete important daily activities.
Chronic fatigue can also be a symptom of another medical condition. ME/CFS is a specific, long-term illness involving a substantial reduction in a person’s previous level of activity.
Potentially disabling symptoms may include:
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Severe fatigue that is not relieved by rest
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Post-exertional malaise after physical or mental activity
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Unrefreshing or disrupted sleep
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Difficulty concentrating, processing information or remembering details
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Dizziness, weakness or worsening symptoms while upright
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Muscle pain, joint pain or headaches
Can Chronic Fatigue Be a Long-Term or Fluctuating Disability?
ME/CFS is generally a long-term condition, but its severity varies. Some people can continue working with treatment and carefully managed activity. Others experience frequent crashes or persistent limitations that make employment unsustainable.
You do not have to prove that you will never work again. You may qualify for benefits for as long as your symptoms prevent you from working under the terms of your insurance policy.
The insurer should consider the frequency, severity and duration of your symptoms—not simply how you appeared during one appointment or brief period of improvement.
How Can Chronic Fatigue Syndrome Affect Your Ability to Work?
ME/CFS can interfere with physical, office-based, professional, customer-facing and safety-sensitive jobs.
Energy and Post-Exertional Malaise
Physical or mental exertion may cause symptoms to worsen immediately or after a delay. Recovery can take days or longer.
You may be able to complete a work task once but be unable to repeat it or maintain the same activity throughout a normal day or week.
Brain Fog and Concentration
Cognitive symptoms may affect memory, attention, word retrieval, decision-making and the speed at which you process information.
You may struggle with detailed instructions, deadlines, meetings, multitasking or work requiring sustained accuracy.
Attendance and Reliability
Unpredictable crashes, poor sleep, dizziness and medical appointments may cause absences or make it difficult to maintain a regular schedule.
Even remote or sedentary work may be unsustainable if sitting upright, concentrating or completing routine tasks triggers worsening symptoms.
Can You Get Disability Benefits for Chronic Fatigue Syndrome?
You may qualify for disability benefits if chronic fatigue syndrome prevents you from completing the essential duties of your occupation.
Short-Term Disability Benefits
Short-term disability benefits may replace part of your income during a medically supported leave.
Your application should explain how fatigue, post-exertional malaise, poor sleep or cognitive symptoms prevent you from working.
Long-Term Disability Benefits
Long-term disability benefits may become available when your symptoms continue beyond the short-term disability period.
Many LTD policies initially consider whether you can perform your own occupation. Later, the insurer may assess whether you can perform another suitable occupation.
The insurer should consider whether you can sustain another job without repeatedly triggering serious symptoms. Learn more about the change of definition in long-term disability claims.
CPP Disability Benefits
ME/CFS may qualify for CPP Disability benefits when your complete medical condition regularly prevents substantially gainful employment and meets the program’s other requirements.
How Do You Prove a Chronic Fatigue Disability Claim?
A strong claim should explain how your symptoms affect your ability to function and perform your actual job. A diagnosis alone may not provide enough information.
Helpful evidence may include:
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Records from your family doctor, specialist and other treatment providers
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The frequency, severity and duration of post-exertional crashes
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The physical or mental activities that trigger worsening symptoms
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Problems with sleep, concentration, memory or remaining upright
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Your treatment history and medication side effects
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A detailed description of your occupation and job duties
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Workplace accommodations and unsuccessful return-to-work attempts
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A symptom and activity diary documenting delayed crashes and recovery time
Explain Your Sustainable Level of Function
Your medical evidence should explain more than whether you can complete a task occasionally. It should address how much activity you can sustain, whether symptoms worsen afterward and how long recovery takes.
Your claim should also address your complete medical condition, including chronic pain, anxiety, depression, sleep problems or other related conditions.
Why Do Insurers Deny Chronic Fatigue Disability Claims?
An insurer may accept that you experience fatigue but argue that there is not enough evidence showing that you are unable to work.
Common denial reasons include:
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There is no single medical test confirming the severity of your condition
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Your symptoms are described as subjective or self-reported
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Your records do not explain post-exertional crashes or recovery time
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The insurer says you can perform sedentary or remote work
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Daily activities are treated as proof that you can maintain employment
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A temporary improvement is treated as a full recovery
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Your symptoms are attributed entirely to stress, anxiety or depression
The Insurer Says There Is No Objective Evidence
There is no single test that measures your ability to sustain physical and mental activity throughout a workweek.
Your medical history, reported symptoms, treatment records, functional restrictions and response to activity should be considered together.
The Insurer Says You Can Work From Home
Remote work still requires attendance, concentration, communication and the ability to remain upright and productive for substantial periods.
Working from home does not eliminate post-exertional malaise, brain fog, poor sleep or the need for extended recovery.
What Should You Do After a Denial?
Save the denial letter, continue receiving appropriate treatment and request a complete copy of your disability policy.
Speak with a disability lawyer before submitting an internal appeal. The same insurance company that denied your claim will review it, and important legal deadlines may continue to run.
Learn more about what to do when your long-term disability claim is denied.
Frequently Asked Questions About Chronic Fatigue and Disability
Is chronic fatigue syndrome considered a disability in Canada?
Chronic fatigue syndrome can be considered a disability when fatigue, post-exertional malaise, poor sleep or cognitive symptoms substantially affect your ability to work or complete important daily activities.
Are chronic fatigue and ME/CFS the same thing?
Not always. Chronic fatigue can be a symptom of many medical conditions. ME/CFS is a specific illness involving substantially reduced function, post-exertional malaise, unrefreshing sleep and other symptoms.
Can ME/CFS qualify for long-term disability?
It may qualify when your symptoms prevent you from performing your occupation or another suitable occupation under the terms of your policy.
Is chronic fatigue syndrome a permanent disability?
ME/CFS is generally a long-term condition, but its severity and course vary. You may receive benefits for as long as your symptoms meet the applicable definition of disability.
Should you appeal a denied chronic fatigue disability claim?
Do not assume an internal appeal is the best option. Speak with a disability lawyer before deciding how to challenge the denial.
Get Help With a Denied Chronic Fatigue Disability Claim
Managing limited energy, brain fog and post-exertional crashes is difficult enough. Fighting with an insurance company can add financial and emotional stress.
Samfiru Tumarkin LLP represents people with denied and terminated disability claims throughout Canada, excluding Quebec.
A chronic fatigue disability lawyer can review your insurance policy, medical evidence and denial letter and explain your options.
Contact us for a free consultation if your short-term or long-term disability claim has been denied or cut off.