Living with long haul COVID-19, also known as Long Covid, can be incredibly challenging, impacting your daily life and ability to work. If you’re struggling with symptoms of long COVID that prevent you from maintaining your job, help is available.

At Samfiru Tumarkin LLP, we specialize in navigating Canada’s disability benefits system. Our experienced team is here to help you secure the support you need to regain stability in your life and career.

Table of Contents

What is Long COVID?

Long COVID is when symptoms continue after the initial COVID-19 infection has passed. These symptoms can last for months or even years, making it hard to live a normal life or work. The condition is unpredictable, with symptoms that can vary greatly from one individual to another.

Symptoms of Long COVID

People with Long COVID may experience a variety of symptoms, which can be mild or debilitating, and often fluctuate over time. Common symptoms include:

  • Fatigue and exhaustion
  • Brain fog and difficulty concentrating
  • Shortness of breath
  • Chest pain
  • Joint or muscle pain
  • Mood disorders such as anxiety, depression)

Understanding these symptoms can help you seek appropriate medical care and support your disability benefits claim.

Who Does Long COVID Affect?

Long COVID can affect anyone who has had a COVID-19 infection, regardless of the severity of their initial illness. However, certain groups may be at higher risk:

  • Older Adults: Individuals over 50 are more likely to experience long-lasting symptoms.
  • Women: Studies show that Long COVID affects nearly twice as many women as men.
  • People with Pre-Existing Conditions: Those with underlying health issues, such as diabetes, heart disease, or autoimmune disorders, may have an increased risk.
  • Individuals with Severe COVID-19 Symptoms: People who were hospitalized or required intensive care are more likely to develop long COVID.
  • Younger, Previously Healthy Adults: Even individuals who had mild or no symptoms initially can experience long COVID.

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Is Long COVID a Disability in Canada?

Yes, long COVID is recognized as a disability in Canada if it significantly impacts your ability to work and perform daily activities. However, because Long COVID is still a relatively new condition, proving it as a disabling condition in some cases can be challenging.

Legal Recognition

Under Canadian human rights laws, long COVID is acknowledged as a condition that may entitle individuals to workplace accommodations and disability benefits.

Employment Rights

Employers are required to provide reasonable accommodate for workers experiencing long COVID. This may include modified work hours, remote work options, or modified duties.

However, securing disability benefits requires you to demonstrate that long COVID prevents you from working. You’ll need medical documentation and must meet the criteria of your insurance policy or benefits plan.

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Long COVID Disability Benefits in Canada

If long COVID symptoms are preventing you from working, you may qualify for the following disability benefits:

Employment Insurance (EI) Sickness Benefits

EI sickness benefits provide financial support for up to 15 weeks if you’re unable to work due to long COVID. A medical certificate is required to apply.

  • 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 up to 17 weeks if you’re temporarily unable to work due to Long COVID. These benefits are often available through your employer’s group insurance or private policy.

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

Long-Term Disability (LTD) Benefits

If long COVID prevents you from working for an extended period, you may qualify for LTD benefits, which provide ongoing financial support until you’re able to return to work or reach retirement age. Insurers require medical proof that your condition meets their definition of “total disability.”

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

Canada Pension Plan (CPP) Disability Benefits

If Long COVID symptoms are severe and prolonged, and prevent you from working, you may qualify for qualify for CPP disability.

Disability Tax Credit (DTC)

The DTC can help reduce the taxes you owe if long COVID severely impacts your daily life. It requires certification from a medical practitioner and approval from the Canada Revenue Agency.

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

Provincial Disability Benefits

Every province in Canada has its own disability support programs, usually based on financial need and how severe your disability is. These programs may provide income support, health coverage, and employment services. However, proving Long COVID as a disability can be difficult, as the condition is new and often hard to diagnose.

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

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How to Apply for Long COVID Disability Benefits

Applying for short-term or long-term disability benefits for Long COVID involves several critical steps:

1. Obtain a Formal Diagnosis

Get an official Long COVID diagnosis from a qualified healthcare provider, such as a doctor, specialist, or psychologist. Make sure the assessment covers your medical history, severity of your symptoms, and how they impact your daily life and ability to work.

2. Document Your Symptoms and Impact on Work

Record how Long COVID 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 Long COVID 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.

Strengthen your long haul COVID-19 long-term disability claim. Watch this short video where we share three crucial tips for COVID-19 long haulers seeking LTD benefits:

 

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.


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Common Reasons for Denial of Long COVID Disability Claims

Disability claims for Long COVID 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 Long COVID 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 Long COVID.

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

Submit all materials on time. Failing to do so 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 Long COVID 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.


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What to Do If Your Long COVID 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 you should hire our disability lawyers if your Long COVID benefits are denied.

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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Many clients have successfully resolved their claims with the help of our expert legal team. Now it’s your turn. Let’s work together to get the outcome you deserve—reach out to us today.

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Frequently Asked Questions

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

Is Long COVID Considered a Disability in Canada?

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

Is Long COVID a Disability in Ontario?

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

Is Long COVID a Disability in Alberta?

Yes, in Alberta, Long COVID is recognized as a disability. Individuals who face significant difficulties due to Long COVID 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 Long COVID interferes with your daily activities and ability to work.

Is Long COVID a Disability in B.C.?

Yes, Long COVID is considered a disability in British Columbia. Those experiencing substantial challenges because of Long COVID 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 Long COVID impacts your everyday functioning and capacity to maintain employment.

Is Long COVID a Permanent Disability?

Long COVID can be a chronic condition, with symptoms that may last for months or even years. Whether it is considered a permanent disability depends on how severely it affects your ability to work or perform daily tasks. In Canada, can be recognized as a permanent disability for the purposes of disability benefits if it has a lasting impact on your life and significantly impairs your 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.

What If My Employer Denies Accommodations for My Long COVID?

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 Long COVID 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 Long COVID 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:

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

Sandra Bullock’s Triumph After $5.3M Legal Claim

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.

Don’t wait. Discover how our experts can help with your disability claim.

Long COVID disability claim denied? Find out if you have a case!

We will answer your questions, and help resolve your disability claim quickly and with little stress.

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Areas We Serve

Our team of experienced disability lawyers can help individuals in all provinces (excluding Quebec) when their insurance company denies their Long COVID claim or their CPP Disability benefits are denied.

Whether you’re dealing with major insurers like Manulife, Sun Life, or any other provider, we have the expertise to assist you. See our comprehensive list of long-term disability insurance companies in Canada to learn more about how we can help with your specific insurer.

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