Migraine and Headache Disability

Living with migraines or chronic headaches can turn daily life into an exhausting battle, with symptoms that disrupt your focus, energy, and ability to work. Managing intense, recurring pain and avoiding unpredictable triggers can be overwhelming, making it difficult to keep up with work and daily responsibilities. If your condition is affecting your job performance, know that you’re not alone.

At Samfiru Tumarkin LLP, we are dedicated to helping you secure the disability benefits you need to protect both your health and financial stability. Our knowledgeable team will navigate Canada’s disability benefits system on your behalf, ensuring you receive the proper support and compensation to prioritize your well-being.

1. What are Migraines?
2. Types of Migraines
3. Are Migraines and Headaches Disabilities in Canada?
4. Migraine Disability Benefits in Canada
7. How to Apply for Migraine Disability Benefits
8. Common Reasons for Denial of Migraine Disability Claims
9. What to Do If Your Migraine Disability Claim is Denied
10. FAQs
11. Expert Support for Your Migraine Claim

What are Migraines and Chronic Headaches?

Migraines and chronic headaches are neurological conditions that cause intense, often debilitating pain and other symptoms. Triggers vary and can include stress, certain foods, hormonal changes, and environmental factors, leading to sudden and unpredictable flare-ups. The impact of migraines and chronic headaches ranges widely, often causing throbbing pain, sensitivity to light or sound, and nausea, all of which can severely disrupt daily activities and routines.

The frequency and severity of migraine and headache symptoms differ from person to person. For some, episodes are infrequent and manageable, while others experience frequent, severe attacks that greatly affect their ability to work, maintain relationships, and enjoy a high quality of life.

Symptoms of Migraines and Chronic Headaches

Symptoms can vary in intensity and frequency, and even with treatment, they may remain challenging to control, impacting daily activities. Common symptoms include:

Intense Head Pain: Often throbbing or pulsing on one side of the head, which can be excruciating and difficult to relieve.
Nausea and Vomiting: A common symptom during migraine episodes, often exacerbated by movement.
Sensitivity to Light and Sound: Migraines frequently cause heightened sensitivity to light, sound, or smells, making everyday activities challenging.
Visual Disturbances: Known as ‘aura,’ these can include flashing lights, blind spots, or zigzag patterns before or during a migraine.
Fatigue and Brain Fog: Many people experience significant fatigue and mental cloudiness during and after an attack, making it difficult to concentrate.

Who Can Migraines and Chronic Headaches Affect?

Migraines and chronic headaches can affect individuals of any age, though they are most common among adults, particularly women. According to Statistics Canada, nearly 8.3% of Canadians report experiencing migraines. Certain risk factors increase the likelihood of developing these conditions, including:

Family History of Migraines: Genetics can play a significant role in susceptibility to migraines and headaches.
Hormonal Changes: Many individuals, especially women, experience migraines related to hormonal shifts, such as those during menstruation, pregnancy, or menopause.
High-Stress Levels: Chronic stress is a well-known trigger for migraines and tension headaches, exacerbating the frequency and severity of attacks.
Environmental Factors: Bright lights, loud noises, and strong smells can trigger or worsen migraines for some individuals.
Individuals with Other Medical Conditions: Conditions like anxiety, depression, and sleep disorders are often associated with an increased risk of migraines and chronic headaches.

Types of Migraines and Headaches

Migraines and headaches come in several forms, each with distinct triggers and symptoms. Recognizing the type of headache or migraine can help with symptom management and treatment:

Migraine with Aura: Characterized by sensory disturbances before or during the headache, such as visual changes or tingling in the hands or face.
Migraine without Aura: A common type of migraine that occurs without preceding sensory symptoms, marked by intense pain and other symptoms.
Chronic Migraine: Occurs 15 or more days per month, with at least 8 days of migraine symptoms, greatly affecting quality of life.
Tension Headache: Often triggered by stress, these headaches cause mild to moderate pain, usually without the severe symptoms associated with migraines.
Cluster Headache: Characterized by sudden, severe pain around one eye or side of the head, occurring in clusters over weeks or months.

Are Migraines a Disability in Canada?

Yes, migraines and headaches can be recognized as a disability in Canada under the Canadian Human Rights Act and equivalent provincial human rights laws. When migraines significantly limit a person’s ability to perform daily tasks or fulfill job responsibilities, they are entitled to protection from workplace discrimination. Employers must also provide reasonable accommodations, such as flexible scheduling, modified lighting, or remote work options, to help individuals with migraines manage their roles effectively.

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

Migraine Disability Benefits in Canada

If migraines or chronic headaches make it difficult or impossible for you to work, you may qualify for various disability benefits, including:

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, through an employer’s insurance plan.

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

Long-Term Disability (LTD) Benefits for Migraines

LTD benefits provide extended financial support if migraines prevent you from returning to work after STD or EI benefits expire. These benefits can last for several years – often until age 65 or until you’re able to work again. To qualify, you must meet your insurer’s definition of “totally disabled,” meaning you can’t perform your own job or any other suitable employment based on your education, training, and experience.

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

Canada Pension Plan (CPP) Disability Benefits

Those with severe migraine or headache symptoms that prevent them from working may qualify for Canada Pension Plan (CPP) disability benefits. Offered by the federal government, this program provides 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)

Migraines may 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 Migraine Disability Benefits

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

1. Obtain a Formal Diagnosis

See a doctor or other qualified healthcare provider to get an official diagnosis for migraines. 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 your migraines or severe headache 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 migraine and headache 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 Migraine Disability Claims

Disability claims for migraines and headaches 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 your migraines affect 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 migraines and headaches.

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 migraine 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 Migraine 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.

Join Thousands Who Have Achieved Positive Results

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.

Get My Free Consultation

Frequently Asked Questions

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

Are Migraines Considered a Disability in Canada?

Yes, migraines and chronic headaches can be recognized as a disability in Canada. Individuals suffering from migraines may qualify for various disability benefits if the condition significantly impairs their ability to work or perform daily activities.

Are Migrianes a Disability in Ontario?

Yes, migraines can be recognized as a disability in Ontario. Individuals experiencing significant challenges due to migraines may be eligible for short-term and long-term disability benefits through private insurance or the Ontario Disability Support Program (ODSP). Eligibility depends on how migraines impact daily functioning and work ability.

Are Migraines a Disability in Alberta?

Yes, in Alberta, migraines can be recognized as a disability. Individuals who face significant difficulties due to migraines and constant headaches 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 the condition interferes with daily activities and work ability.

Are Migraines a Disability in B.C.?

Yes, migraines are recognized as a disability in British Columbia. Those experiencing substantial challenges because of migraines or headaches might be eligible for short-term and long-term disability benefits through private insurance or the provincial Disability Assistance Program. Eligibility is determined by assessing how migraines impact everyday functioning and capacity to maintain employment.

Are Migraines a Permanent Disability?

Migraines can be a chronic, lifelong condition. If migraines significantly impair an individual’s ability to work or perform daily activities over the long term, they may qualify as a permanent disability for disability benefits in Canada. Whether migraines are considered a permanent disability depends on the severity and frequency of symptoms, their impact on daily functioning, and medical evaluations.

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 Migraine 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 Migraines?

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

Contact Us for a Free Consultation

You’re not alone in this journey.

Coping with migraines and chronic headaches is challenging enough; securing the disability benefits you’re entitled to shouldn’t add to your burden. 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 migraine disability claims in Canada. Some of our lawyers have previously worked for insurers; we know how they assess claims, why they deny certain migraine and headache claims, and how to navigate the system effectively 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:

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.

Teacher Secures Six Figures in Disability Benefits

We successfully won compensation for Julie after she suffered a brain injury in a student assault. Follow her saga.

Nova Scotia Man Challenges Paralysis Claim Denial

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

Mother Battles Insurer While Daughter in Palliative Care

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.

Migraine 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.