Toronto Disability Lawyers
and Mental Health
Verkhovets Law, Toronto disability lawyers, know that just because someone’s mental health can’t be seen on the outside, it doesn’t mean their life isn’t being destroyed from the inside. But often, disability claims for mental health disorders are met with a raised eyebrow by employers, insurers, even judges and juries who traditionally can be tough to convince that compensation is in order. Yet, 30 per cent of Canadians who’ve taken time off from work say it was due to a mental health crisis, says an Ipsos survey.
The Toronto disability lawyers at Verkhovets Law have seen that the incidence of mental health disorders is growing. According to the Canadian Mental Health Association (CMHA), 50 per cent of the population will have, or had, a mental health disorder by the age of 40. The healthcare and social support system burden is estimated at $79.9 billion a year. And the Mental Health Commission of Canada (MHCC) reports that one in three employment disability claims is for mental health disorders.
There is hope – attitudes are changing, and more Canadians who have had a mental health issue are likely to view it as a disability.
Our Toronto disability lawyers explain
why work with us on your case
Our Toronto disability lawyers explain why work with us on your case
Verkhovets Law, Toronto disability lawyers, note that while it’s recognized the quality of someone’s life and their working ability can be adversely affected by a mental health problem, insurance claims for these disability benefits are very challenging to navigate without a lawyer. They’re denied more often than those for a physical illness or injury. Sadly, because they are tangible, an MRI or a stroke can have more clout with insurers than the silent pain of anxiety, depression, or PTSD.
According to the Centre for Addiction and Mental Health (CAMH), it costs twice as much for a mental health disability leave than for a physical one. So, do benefits denials come down to money?
Yes, many do. This is why you need our Toronto disability lawyers to fight for you with insurers who resist because they are pressured to keep payments down, especially since mental health claims are the most common and rapidly increasing in number. Each week, 500,000 Canadians can’t work due to mental health problems.
The Toronto disability lawyers at Verkhovets Law point to a CMHA report that shows how prevalent mental health disabilities have become:
- 4,012 Canadians died by suicide in 2019
- $950 million per year is spent on private psychologists – many patients rely on disability benefits to pay
- Major depression affects 5.4 per cent of the population
- Addictions and Mental Health Ontario (AMHO) reports a 21% hike in hospital Emergency Room (ER) visits for mental health
See our Long-Term Disability Page.
And if you must apply for CPP Disability (CPP) after the first two years of LTD payments, we can ensure that the proper offsets are in place and you continue to receive full amounts.
But if the worst happens and you are denied or cut off, Call or email Verkhovets Law, Toronto disability lawyers, and we will look into whether a civil lawsuit in the Superior Court of Justice alleging wrongful denial of the benefits can be filed on your behalf.
Our Toronto disability lawyers outline
mental health disorders
Our Toronto disability lawyers outline mental health disorders
Verkhovets Law, Toronto disability lawyers, understand that everyone needs their mental health to be able to do their job – but often, the symptoms that go with these disorders interfere with the ability to perform the job. It’s a vicious cycle.
But our Toronto disability lawyers note that time is of the essence due to strict filing deadlines, so it’s vital to work with us as soon as your mental health disability interferes with your work.
The Toronto disability lawyers at Verkhovets Law know that to start to understand the depth of the issue, it’s important to realize there’s a wide spectrum of symptoms that can signify someone is suffering a mental illness. The most common are:
- Anxiety and stress
- Anger
- Changes in mood and personality
- Chronic fatigue
- Chronic pain
- Depression
- Diarrhea
- Difficulty concentrating
- Feelings of sadness, guilt, worthlessness
- Nausea
- Nightmares
- Phobias
- Psychosis
- Hallucinations
- Hopelessness
- Hyperventilation Lack of interest in social activities
- Lack of sexual desire
- Loss of interest in enjoyed activities
- Mood swings, irritability, and aggression
- Memory issues
- Substance abuse
- Suicidal thoughts
Our Toronto disability lawyers note there are several different types of mental health disorders, all with their own symptoms, treatments, and even causes. These disorders include:
- Anxiety
- Bipolar
- Depressive
- Dissociative
- Eating disorders
- Neurocognitive
- Obsessive-compulsive
- Neurocognitive
- Obsessive-compulsive
- Personality
- Post-traumatic stress (PTSD)
- Schizophrenia and other psychotic disorders
- Sleep
- Substance abuse
Toronto disability lawyers
illnessexplain long-term disability insurance terms
Toronto disability lawyers illnessexplain long-term disability insurance terms
Long-term disability – Verkhovets Law, Toronto disability lawyers, note that if you become disabled and unable to work due to a mental health issue, long-term disability (LTD) insurance is meant to pay you monthly replacement income and starts after a certain period of short-term disability or waiting period. Once approved, LTD may extend for a few years or for as long as you need until you reach 65 when the Canada Pension Plan (CPP) takes over or may be terminated at an earlier time with occurrence of certain events, the details of which are normally outlined in your policy.
Denial of Coverage – The Toronto disability lawyers at Verkhovets Law define denial of coverage as when your insurer cancels your disability policy after the fact because of nondisclosure or misrepresentation of something material to your case on the initial insurance application.
Recurrent disability – Our Toronto disability lawyers know that a recurrent disability provision refers to when someone on long-term disability for a mental health problem goes back to work, but must stop because of the same or related cause as the original disability. This allows people to try and re-enter the workforce without fear of losing benefits or having to start over with a new elimination period.
Our Toronto disability lawyers explain
why compensation can be denied
Our Toronto disability lawyers explain
why compensation can be denied
Verkhovets Law, Toronto disability lawyers know that if you’re suffering from a mental health disability like depression or anxiety, it can only add to your distress and money worries to be denied your disability claim or to have your benefits stopped or suspended. You’re not alone – it’s difficult to successfully navigate the insurance and legal systems and understand why your legitimate claim was denied.
Toronto disability lawyers explain that mental health claims are evaluated differently than other disability claims because they are subjective (based on an opinion) as opposed to a physical illness or injury that can be objectively proven. There is also self-reporting of symptoms involved, and suspicions of malingering can conveniently take root with an insurer that’s inclined to be looking for a reason to deny your claim.
Our Toronto disability lawyers note there are common reasons for being denied or cut off from mental health disability benefits:
- Below-standard medical care that’s not your fault, like the doctor hasn’t diagnosed based on the Diagnostic and Statistical Manual of Mental Disorders
- Contradictory social media or surveillance evidence about your condition
- Improper documentation, because to the insurer even if you got amazing care, if it isn’t written in your charts and files, it didn’t happen. All that matters is that it’s in your records, and if not, you could be declined for a technicality
- Incomplete application
- Not getting medical care in a timely fashion or attending regularly at your doctor’s office
- Not getting psychiatric care, taking medication, and showing you are being proactive to recovery
Our Toronto disability lawyers
also handle these types of claims:
Our Toronto disability lawyers also handle these types of claims:
Broken bones
Concussions
Internal injuries
Soft tissue injuries
And our Toronto critical illness lawyers
will help you with these types of
personal injuries:
And our Toronto critical illness lawyers will help you with these types of personal injuries:
Whiplash
Fatalities
own because it’s hard to get benefits once that stage is exhausted.
Our Toronto disability lawyers know
how to handle denied claims due to mental health
Our Toronto disability lawyers know how to handle denied claims due to mental health
Verkhovets Law, Toronto disability lawyers, understand that if a mental health disorder prevents you from performing the regular duties of your job, it’s a disability. Both short- and long-term insurance benefits are intended to cover those workers with mental health disabilities. Toronto disability lawyers note that whether you receive benefits or not is rooted in one fundamental factor – you must be able to present medical evidence that you have the condition and that it meets the definition of a disability. Without the medical diagnosis, your claim will be denied. Verkhovets Law, Toronto disability lawyers, know that stigma or the perception of it still exists and causes some people to under-report their symptoms – playing into the insurers’ hands sparking a denial. While we know it’s hard, our team of Toronto disability lawyers strongly suggest not down-playing your mental health disability in any way as it’s tricky to back-hoe the records after the fact.
You must be under the regular care of a doctor, and it’s vital that the diagnosis and supportive documentation fits what the insurance company defines as a disability. Keep notes about your sleep, eating, energy, concentration, medications, physical and other effects.
Further, Verkhovets Law, Toronto disability lawyers, know insurers deny coverage alleging the condition is a result of a toxic work environment and suggest it will resolve with a new job elsewhere. We argue that what matters is if the mental disorder prevents you from working for any employer. Further, mental health is not a light switch; recovery from mental health problems is frequently long.
Our Toronto disability lawyers point out that for those whose mental health disorder arose because of a car, bike, slip and fall, or other accidents, a claim for psychological injury can be included in the LTD claim. In cases involving a motor vehicle, we also recommend applying for accident benefits under the Statutory Accident Benefits Schedule (SABS) if mental illness is associated with an accident.
Verkhovets Law, Toronto disability
lawyers, are here for you
Verkhovets Law, Toronto disability lawyers, are here for you
Verkhovets Law, Toronto disability lawyers, handle making claims for our clients and present a solid package including all the salient facts, including medical records, evidence from your physicians, and other information that backs up how the mental health disorder is affecting your ability to work and live. Call or email us, and we’ll fight for what you’re owed.
