Living with a neurological disorder can make daily life feel exhausting, with symptoms such as chronic pain, mobility challenges, and cognitive difficulties interfering with your ability to work and maintain your well-being. For many, these conditions bring significant physical, mental, and emotional hurdles that disrupt everyday responsibilities and job performance. If your health and livelihood are being affected by a neurological condition, you don’t have to face it alone.
At Samfiru Tumarkin LLP, we’re committed to helping individuals secure the disability benefits they need to safeguard their health and financial future. Our knowledgeable team will guide you through Canada’s disability benefits process, advocating for the compensation and support you deserve, so you can focus on managing your condition and improving your quality of life.
Table of Contents
2. Types of Neurological Disorders
3. Are Neurological Disorders a Disability in Canada?
4. Neurological Disorder Disability Benefits in Canada
7. How to Apply for Neurological Disorder Disability Benefits
8. Common Reasons for Disability Claim Denial
9. What to Do If Your Disability Claim is Denied
10. FAQs
11. Expert Support for Your Neurological Disorder Claim
What Are Neurological Disorders?
Neurological disorders are conditions that affect the brain, spinal cord, or nerves, often leading to a range of physical, cognitive, and emotional symptoms. These disorders can significantly impact an individual’s ability to perform daily tasks and maintain their quality of life. While some neurological disorders are genetic, others may develop due to injury, infection, or unknown causes, often resulting in chronic or debilitating conditions.
Symptoms of Neurological Disorders
Symptoms can vary widely depending on the type and severity of the neurological disorder, but early recognition and treatment can improve outcomes and manage progression. Common symptoms include:
- Chronic Pain: Persistent pain, often linked to nerve damage, that interferes with daily activities.
- Muscle Weakness: Loss of strength in the arms, legs, or other parts of the body.
- Numbness or Tingling: Unusual sensations, often in the extremities, due to nerve dysfunction.
- Difficulty with Mobility: Impaired coordination or balance, leading to challenges in walking or performing tasks.
- Cognitive Issues: Problems with memory, focus, or decision-making.
- Emotional Changes: Mood swings, anxiety, or depression caused by the neurological condition itself or its impact on daily life.
Who Do Neurological Disorders Affect?
Neurological disorders and conditions affect 3.6 million Canadians, according to a report by the Public Health Agency of Canada. Over the next 20 years, Canada is expected to see a sharp rise in the number of individuals diagnosed with neurological conditions, driven by an aging population. Conditions such as Alzheimer’s disease, other forms of dementia, and Parkinson’s disease are projected to become increasingly common.
These disorders can affect people of all ages, but certain factors may increase the likelihood of developing these conditions. Common risk factors include:
- Age: Older adults are more prone to neurological disorders due to natural changes in the brain and nervous system.
- Family History: Genetic predispositions can increase the risk of specific disorders.
- Injury: Head trauma or spinal cord injuries can trigger neurological symptoms or disorders.
- Health Conditions: Chronic illnesses, such as diabetes or autoimmune disorders, may contribute to neurological complications.
- Lifestyle Factors: Poor diet, smoking, or excessive alcohol use can negatively impact neurological health.
Types of Neurological Disorders
Neurological disorders cover a wide range of conditions that affect the brain, spinal cord, and nervous system:
- Alzheimer’s Disease and Other Dementias
- Amyotrophic Lateral Sclerosis (ALS)
- Brain Tumours
- Cerebral Palsy
- Dystonia
- Epilepsy
- Huntington’s Disease
- Hydrocephalus
- Multiple Sclerosis (MS)
- Muscular Dystrophy
- Neurotrauma (Traumatic Brain and Spinal Cord Injuries)
- Parkinson’s Disease
- Spina Bifida
- Tourette Syndrome
- Stroke
- Migraines
- Rett Syndrome
- Spinal Cord Tumours
Are Neurological Disorders a Disability in Canada?
Yes, neurological disorders can be recognized as disabilities in Canada under the Canadian Human Rights Act and applicable provincial human rights laws. This recognition provides individuals with protection against workplace discrimination and supports eligibility for long-term disability benefits when symptoms from a neurological disorder significantly impair daily tasks or the ability to fulfill job responsibilities. Employers are required to provide reasonable accommodations—such as modified duties, flexible hours, or accessible work environments—to help individuals manage their condition effectively.
However, securing benefits, including long-term disability, requires more than a diagnosis of a neurological disorder. You must demonstrate that your condition severely impacts your ability to work and meets the specific criteria outlined in your disability insurance plan. Proving eligibility can be challenging, but a free consultation with an experienced disability lawyer at Samfiru Tumarkin LLP can clarify your rights and improve your chances of obtaining the support you need to protect your health and financial stability.
Neurological Disorder Disability Benefits in Canada
If a neurological disorder is 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, 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
LTD benefits offer extended financial support if you’re unable to return to work after STD or EI benefits for a neurological disorder runs out. It can last for several years, often until age 65 or until you’re able to return to work. You must meet your insurer’s definition of “totally disabled,” meaning you can’t perform your own job or any 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 and prolonged neurological disorder 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)
A neurological disorder 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 Neurological Disorder Disability Benefits
Applying for short-term or long-term disability benefits for a neurological disorder involves several critical steps:
1. Obtain a Formal Diagnosis
See a psychiatrist, psychologist, or other qualified healthcare provider to get an official diagnosis for a neurological condition. 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 neurological disorder affects 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 neurological disorder 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 Neurological Disorder Disability Claims
Disability claims for neurological disorders 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 a neurological disorder 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 a neurological disorder.
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 neurological disorder 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 Neurological Disorder 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.
Frequently Asked Questions
Below are some frequently asked questions to help you understand more about neurological disorder disability benefits in Canada. Find additional answers in our full LTD FAQ section.
Are Neurological Disorders Considered Disabilities in Alberta?
Yes, neurological disorders are recognized as disabilities in Alberta. Individuals with significant impairments caused by conditions like Parkinson’s disease, epilepsy, or ALS may qualify for short-term or long-term disability benefits through private insurance. Additionally, the Assured Income for the Severely Handicapped (AISH) program may provide support for those who meet the eligibility criteria based on their condition and its impact on their daily functioning and ability to work.
Are Neurological Disorders Considered Disabilities in Ontario?
Yes, neurological disorders are recognized as disabilities in Ontario. Individuals suffering from conditions such as multiple sclerosis, Alzheimer’s disease, or brain injuries may be eligible for short-term and long-term disability benefits through private insurance or the Ontario Disability Support Program (ODSP). These programs assess how the neurological disorder limits your daily activities and ability to work to determine eligibility.
Are Neurological Disorders Considered Disabilities in B.C.?
Yes, neurological disorders are recognized as disabilities in British Columbia. Conditions such as dystonia, hydrocephalus, or Huntington’s disease may qualify individuals for short-term and long-term disability benefits through private insurance. The provincial Disability Assistance Program also provides support for those whose condition significantly impacts their ability to work and maintain daily responsibilities.
Can Neurological Disorders Qualify as Permanent Disabilities?
Many neurological disorders can result in long-term or permanent impairments. If a condition permanently impacts your ability to work or perform daily activities, it may be classified as a permanent disability for the purposes of accessing long-term disability benefits in Canada.
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 a Neurological Disorder?
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.
What Should I Do If My Neurological Disorder Disability Claim Is Denied?
If your claim is denied, it’s crucial to review the reasons provided by your insurer. Most denials stem from insufficient medical evidence or a lack of clarity about how the disorder affects your work. Contacting an experienced disability lawyer at Samfiru Tumarkin LLP can help you build a stronger appeal and improve your chances of success.
Resources and Support
- Government of Canada – Neurological Conditions
- Neurological Health Charities Canada
- Brain Canada Foundation
Areas We Serve
Our team of experienced disability lawyers can help individuals in all provinces (excluding Quebec) when their insurance company denies their neurological disorder 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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