Chronic Fatigue Disability

Living with chronic fatigue can make daily life and work incredibly challenging. If symptoms of chronic fatigue are preventing you from maintaining your job, know that you’re not alone—and there is help available.

At Samfiru Tumarkin LLP, we specialize in navigating the complex disability benefits system in Canada. Our dedicated team is here to ensure you receive the support and benefits you’re entitled to, helping you regain stability in your personal and professional life.

1. What is Chronic Fatigue?
2. Types of Chronic Fatigue
3. Chronic Fatigue and Long COVID
4. Is Chronic Fatigue a Disability in Canada?
5. Chronic Fatigue Disability Benefits in Canada
6. How to Apply for Benefits
7. Common Reasons for Denial of Disability Claims
8. What to Do If Your Chronic Fatigue Disability Claim is Denied
9. FAQs
10. Expert Support for Your Claim

What is Chronic Fatigue?

Chronic fatigue refers to a state of persistent, overwhelming tiredness that does not improve with rest. Unlike normal fatigue that can result from a busy schedule or lack of sleep, chronic fatigue continues for an extended period and interferes with daily life. It can affect both physical and mental energy, making it difficult to carry out everyday tasks.

Chronic fatigue can develop gradually over time or appear suddenly, often following an illness, injury, or period of high stress. While chronic fatigue itself is not a specific condition, it can be a symptom of various underlying health issues, including infections, immune dysfunction, or other chronic conditions.

Symptoms of Chronic Fatigue

People experiencing chronic fatigue often report a variety of symptoms that may vary in intensity. Recognizing these can help guide discussions with your healthcare provider:

Persistent Fatigue: Ongoing, unexplained tiredness that worsens with activity and doesn’t improve with adequate rest.
Difficulty Sleeping: Trouble falling asleep, staying asleep, or feeling unrefreshed even after sleep.
Mental Fog: Difficulty concentrating, memory lapses, and challenges with focus, often described as “brain fog.”
Muscle and Joint Pain: General body aches, sore muscles, or stiffness, which are not caused by physical exertion.
Headaches: Recurring headaches that may be more severe than usual.
Dizziness or Lightheadedness: Feeling faint or dizzy, especially when standing up quickly.
Mood Changes: Chronic fatigue can contribute to feelings of irritability, anxiety, or depression due to its impact on daily functioning.

Who Does Chronic Fatigue Affect?

Chronic fatigue affects over 560,000 Canadians, or roughly 2% of the population. It can affect anyone, regardless of age, gender, or background. Many people report ongoing tiredness that impacts their daily lives, and this can be due to a variety of causes. In fact, it’s estimated that as much as 70% of those affected are unable to work. Chronic fatigue is more likely to affect:

Adults: While chronic fatigue can occur at any age, it is often more prevalent in adults, particularly those between the ages of 40 and 60.
Women: Women are more commonly affected by chronic fatigue, with hormonal changes and stress potentially playing a role.
Individuals After Infections: Chronic fatigue can develop after recovering from a viral infection, such as the flu or mononucleosis.
People Under High Stress: Those who have gone through periods of significant physical, emotional, or mental stress may experience chronic fatigue as a result.
Individuals with Ongoing Health Issues: Chronic fatigue is often associated with underlying conditions such as autoimmune disorders, thyroid issues, or sleep disturbances.

What Causes Chronic Fatigue?

Chronic fatigue can be caused by a variety of factors. Understanding potential triggers can help individuals address the root cause and manage their symptoms more effectively. Common causes include:

Infections: Viral infections, such as the flu or Epstein-Barr virus, can leave individuals feeling fatigued even after recovery.
Immune System Dysfunction: An overactive or underactive immune response may contribute to persistent fatigue.
Hormonal Imbalances: Issues with hormone regulation, including thyroid problems or adrenal fatigue, can lead to ongoing tiredness.
Stress and Trauma: High levels of physical or emotional stress can exhaust the body’s energy reserves, resulting in chronic fatigue.
Sleep Disorders: Conditions like sleep apnea or insomnia can lead to poor quality sleep, contributing to ongoing tiredness.
Nutritional Deficiencies: A lack of essential vitamins and minerals, such as iron or vitamin D, can cause fatigue.

Types of Chronic Fatigue

Chronic fatigue can manifest in different forms depending on the underlying cause. Recognizing the specific type of chronic fatigue you’re experiencing can help guide diagnosis and treatment:

Chronic Fatigue Syndrome (CFS): Chronic Fatigue Syndrome is a condition characterized by debilitating, long-term fatigue that doesn’t improve with rest and often worsens with physical or mental exertion. CFS may also present with additional symptoms such as sleep disturbances, cognitive issues, and muscle pain.
Myalgic Encephalomyelitis (ME): Myalgic Encephalomyelitis, often referred to alongside CFS as ME/CFS, is a more specific term used to describe severe fatigue combined with neurological symptoms. People with ME may experience post-exertional malaise, cognitive difficulties (brain fog), and immune dysfunction.
Fatigue Related to Illness: Chronic fatigue can occur as a symptom of an underlying illness such as viral infections (e.g., flu, mononucleosis), autoimmune disorders, or chronic diseases like diabetes or fibromyalgia. This fatigue often worsens with activity and persists over time.
Fatigue from Sleep Disorders: Poor sleep quality or disorders like insomnia, sleep apnea, or restless legs syndrome can cause ongoing fatigue, leaving individuals feeling exhausted even after a full night’s rest.
Fatigue Due to Stress or Mental Health Conditions: Prolonged mental or emotional stress, anxiety, and depression can drain energy, leading to chronic fatigue. This type is often associated with mental exhaustion, difficulty focusing, and mood changes.
Post-Exertional Fatigue: Seen in conditions like Chronic Fatigue Syndrome (CFS) and Myalgic Encephalomyelitis (ME), post-exertional fatigue is marked by a severe worsening of symptoms following physical or mental exertion. This type can last for days or weeks after activity.

Identifying whether your chronic fatigue is related to CFS, ME, or another underlying issue is crucial for finding the right treatment and management strategies.

Chronic Fatigue and Long COVID: How They’re Connected

Long COVID, a condition where symptoms persist months after a COVID-19 infection, shares many similarities with Chronic Fatigue Syndrome (CFS) and Myalgic Encephalomyelitis (ME). Both conditions involve ongoing fatigue that doesn’t improve with rest, post-exertional malaise (PEM), and brain fog.

How Long COVID and Chronic Fatigue Relate

Overlapping Symptoms: Severe fatigue, cognitive difficulties, and worsened symptoms after exertion are common in both Long COVID and CFS/ME.
Shared Pathology: Researchers believe that Long COVID and CFS/ME may share underlying causes, such as immune system dysfunction and neurological issues.
Similar Treatment Approaches: Treatments for Long COVID are often based on managing CFS/ME symptoms, focusing on pacing activities, improving sleep, and reducing stress.

Is Chronic Fatigue a Disability in Canada?

Yes, chronic fatigue is recognized as a disability in Canada, particularly when it significantly impacts a person’s ability to function in daily life or perform their job.

Legal Recognition

Under the Canadian Human Rights Act, chronic fatigue is recognized as a disability, entitling individuals to protection from discrimination and access to reasonable workplace accommodations.

Employment Rights

Employers are required to accommodate workers with chronic fatigue, which may include adjustments to work schedules, duties, or environments.

However, eligibility for disability benefits isn’t based solely on having a diagnosis of chronic fatigue. To qualify for specific disability benefits, you must demonstrate that your condition severely impacts your ability to work and meets the criteria outlined in the benefit plan or program.

Chronic Fatigue Disability Benefits in Canada

If CRPS symptoms are preventing you from working, you may be eligible for various disability benefits:

Employment Insurance (EI) Sickness Benefits

EI sickness benefits provide up to 15 weeks of financial assistance if you’re unable to work for medical reasons. You must have worked the required number of insurable hours and provide a medical certificate confirming your inability to work.

Application: Submit an application online or at a Service Canada office as soon as you stop working.

Short-Term Disability (STD) Benefits

STD benefits provide financial support for a temporary period, typically up to 17 weeks, if you’re unable to work due to chronic fatigue. These benefits are available through an employer’s group insurance plan or a private policy.

Application: Obtain forms from your employer or insurer, and submit all required documentation promptly.

Long-Term Disability (LTD) Benefits

If you suffer from chronic fatigue, you may qualify for LTD benefits. This condition can cause severe pain and mobility issues, making it impossible to work. LTD benefits offer financial support that last until age 65 or until you’re able to return to work. To qualify, you must meet the insurer’s definition of “totally disabled,” meaning you’re unable to perform your job or any suitable employment.

Application: Requires detailed medical evidence and may involve assessments by the insurer.

Canada Pension Plan (CPP) Disability Benefits

Those with severe and prolonged chronic fatigue symptoms who are unable to work may qualify for Canada Pension Plan (CPP) disability benefits. Provided by the federal government, it offers long-term financial support to Canadians who have contributed to the CPP and are under the age of 65.

Application: Involves a detailed application and medical report submitted to Service Canada.

Disability Tax Credit (DTC)

Chronic fatigue can qualify for the Disability Tax Credit (DTC) in Canada if it severely impacts daily functioning. The DTC is a non-refundable tax credit that reduces the income tax you owe.

Application: Requires Form T2201 to be completed by you and your medical practitioner and submitted to the Canada Revenue Agency.

Provincial Disability Benefits

Each province offers its own disability assistance programs, which are generally based on financial need and the severity of your disability. They can include income support, health benefits, and employment support services.

Application: Process varies by province, typically involving an application form and medical assessment.

How to Apply for Chronic Fatigue Disability Benefits

Applying for short-term or long-term disability benefits for chronic fatigue involves several critical steps:

1. Obtain a Formal Diagnosis

See a psychiatrist, psychologist, or other qualified healthcare provider to get an official chronic fatigue diagnosis. Ensure the assessment covers your medical history, symptom severity, and how symptoms affect your daily life.

2. Document Your Symptoms and Impact on Work

Record how chronic fatigue symptoms affect your ability to perform your job duties, through a journal or diary. Gather all relevant medical documents, including test results, treatment plans, and doctor’s notes.

3. Follow Prescribed Treatment Plans

Engage in all recommended therapies, whether medication, counseling, or behavioral strategies. Keep records of appointments, medications taken, and any side effects experienced.

4. Communicate with Your Employer

Discuss possible workplace accommodations that could help you perform your job. Keep a record of all communications with your employer regarding your condition and any accommodations provided.

5. Complete Application Forms Thoroughly

Provide comprehensive answers to all questions on the application forms. Double-check all information for accuracy before submission.

6. Submit Supporting Documentation

Attach medical records, letters from healthcare providers, and any other evidence that supports your claim. Make it easy for the reviewer to find and understand your documentation.

7. Meet All Deadlines

Be aware of all application deadlines for the specific benefits you’re applying for. Submit your application as soon as possible to avoid delays.

8. Follow Up on Your Application

Check the status of your application periodically. Provide any additional information requested by the benefit provider promptly.

9. Get Legal Advice

If you’re unsure about the process or face challenges, get invaluable professional guidance from our team.

Contact the chronic fatigue disability lawyers at Samfiru Tumarkin LLP for a FREE consultation if your STD or LTD 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.

Further enhance your long-term disability claim. Watch this short video where we share three effective ways to make your application stronger:

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 for Denial of Chronic Fatigue Disability Claims

Disability claims for chronic fatigue are often denied for the following reasons:

Insufficient Medical Evidence

Claims are frequently denied due to a lack of comprehensive medical documentation.

Solution: Provide detailed medical records, including diagnosis, treatment plans, and letters from healthcare providers explaining how chronic fatigue affects your ability to work.

Not Meeting the Definition of Disability

Each benefit program has specific criteria for what constitutes a “total disability.” This is a misleading term created by insurance companies. It simply means that your insurer believes you don’t meet the criteria for disability benefits, and that you are still capable of performing your job despite the impact of chronic fatigue.

Solution: Ensure you understand the criteria and clearly demonstrate how your condition meets these requirements in your application.

Non-Compliance with Treatment

Failing to follow prescribed treatments without a valid reason can lead to denial.

Solution: Follow and document all recommended treatments. If you can’t follow a treatment due to side effects or other issues, have your doctor note this in your records.

Pre-Existing Condition Exclusions

Some insurance policies exclude coverage for conditions that existed before the policy started.

Solution: Review your policy to understand any exclusions.

Incomplete or Inaccurate Applications

Errors or omissions in your application can result in denial.

Solution: Double-check all sections of your application for completeness and accuracy. Consider having someone else review it before submission.

Missed Deadlines

Failing to submit your application or required documents on time can automatically disqualify you.

Solution: Keep track of all deadlines and submit materials promptly.

These are some of the common reasons your insurer may give for denying your chronic fatigue 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.

What to Do If Your Chronic Fatigue Disability Claim is Denied

Receiving a denial for short-term or long-term disability can be discouraging, but it’s important to remember that you have options.

1. Review the Denial Letter Carefully

The letter should outline why your claim was denied. Knowing the specific reasons can help you address them effectively.

2. Gather Additional Evidence

Obtain recent evaluations or additional statements from your healthcare providers that address the denial reasons. If there were misunderstandings or missing information, provide explanations or additional documentation.

3. Consult a Disability Lawyer

Before filing an appeal, consult with an experienced disability lawyer at our firm who specializes in disability claims. Samfiru Tumarkin LLP can help you decide whether to appeal internally, file a lawsuit, or take other actions.

Watch this video to learn why hiring a disability lawyer can make a difference in your case:

4. Avoid Immediate Appeals Without Legal Guidance

Internal appeals are often handled by the same company that denied your short-term or long-term disability claim and may not be in your best interest. In fact, they are rarely successful. Insurers profit by denying you access to your disability benefits and keeping your money.

There are strict time limits for taking legal action, so it’s important to act promptly.

5. Continue Following Medical Advice

Keep attending appointments and following treatment plans. This shows ongoing commitment to managing your condition. Maintain records of all medical visits, treatments, and any correspondence related to your claim.

6. File a Legal Claim

If appropriate, your Samfiru Tumarkin LLP disability lawyer may advise taking legal action against the insurer to secure the benefits you’re entitled to. Legal processes are often the most effective way to achieve a positive outcome.

Facing a denial can be stressful, but with the right support and information, you can navigate this challenge more effectively. That is why it’s crucial to get the right legal advice before appealing your insurer’s decision. An experienced disability lawyer at Samfiru Tumarkin LLP can help you determine the best course of action.

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Frequently Asked Questions

Below are some frequently asked questions to help you understand more about the chronic fatigue disability benefits process. Find more answers in our full LTD FAQ section.

Is Chronic Fatigue Considered a Disability in Canada?

Yes, chronic fatigue is recognized as a disability in Canada. Individuals may qualify for various disability benefits if the condition significantly impairs their ability to work or perform daily activities.

Is Chronic Fatigue a Disability in Ontario?

Yes, chronic fatigue is recognized as a disability in Ontario. Individuals experiencing significant challenges due to CRPS may be eligible for short-term and long-term disability benefits through private insurance or the Ontario Disability Support Program (ODSP). Both evaluate how chronic fatigue affects your daily functioning and ability to work to determine eligibility for assistance.

Is Chronic Fatigue a Disability in Alberta?

Yes, in Alberta, chronic fatigue is recognized as a disability. Individuals who face significant difficulties due to CRPS may qualify for short-term or long-term disability benefits through private insurance or the Assured Income for the Severely Handicapped (AISH) program. Eligibility is based on how much chronic fatigue interferes with your daily activities and ability to work.

Is Chronic Fatigue a Disability in B.C.?

Yes, chronic fatigue is considered a disability in British Columbia. Those experiencing substantial challenges because of chronic fatigue might be eligible for short-term and long-term disability benefits via private insurance or the provincial Disability Assistance Program. Eligibility is determined by assessing how CRPS impacts your everyday functioning and capacity to maintain employment.

Is Chronic Fatigue a Permanent Disability?

CRPS is often considered a chronic condition that can persist throughout a person’s life. If it significantly impairs your ability to work or perform daily activities, it can be recognized as a permanent disability for the purposes of disability benefits in Canada. This designation depends on the severity of the condition and how it affects daily functioning.

How Long Does the Disability Benefits Application Process Take?

The timeline varies depending on the type of benefit and the completeness of your application. It can range from several weeks to a few months. Prompt submission of all required documents can help speed up the process.

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.

Are There Chronic Fatigue Grants Available in Canada?

Yes, various grants and funding opportunities exist to support individuals with chronic fatigue in Canada, particularly for education, treatment, and daily living expenses. These include the Disability Tax Credit (DTC), Canada Pension Plan (CPP) Disability benefits, and provincial disability assistance programs.

What If My Employer Denies Accommodations for My Chronic Fatigue?

Employers are legally required to provide reasonable accommodations, even if it is difficult or costly to do so. If they fail to accommodate, you may have grounds for wrongful dismissal and a human rights complaint. Contact us to explore your options in Ontario, Alberta or B.C.

Resources and Support

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You’re not alone in this journey.

Living with chronic fatigue can be challenging, and obtaining the disability benefits you’re entitled to shouldn’t add to your stress. At Samfiru Tumarkin LLP, we’re here to listen, support you, and advocate for your rights—ensuring you receive the compensation you’re entitled to.

Our compassionate team of experienced disability lawyers understands the complexities of chronic fatigue disability claims in Canada. Some of our lawyers have previously worked for insurers; we know how they think, why they deny certain disability claims, and how to successfully navigate the system on your behalf.

Samfiru Tumarkin LLP is a nationally recognized leader in insurance and disability law, dedicated to informing Canadians of their rights through:

The Disability Law Show on TV and radio
Insightful livestreams
Over 1,000 media interviews
Comprehensive resources, such as FAQs on long-term disability and guides on how to apply for different medical conditions.

We’re proud to have helped clients like you overcome these obstacles and obtain the benefits they needed. Here are some of their stories:

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Her long-term disability coverage was reinstated after we took legal action against Sun Life. Learn more.

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Mitch’s insurer, SSQ, said he wasn’t “totally disabled” despite his spinal fracture. We took on his case.

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We helped Amanda after her insurer denied her mental health benefits. Discover her story.

Whether you’re struggling to get approved for benefits, appealing a denial, or dealing with a claim cut-off after two years, we’re here to assist you. Contact us today for a free consultation and find out how we can support you through the process and protect your rights. Our services extend across all Canadian provinces, excluding Quebec.

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