Psychological Conditions and Disability Claims


Psychological Conditions and Disability Claims


The number of disability claims related to mental illness is on the rise. According to the Canadian Mental Health Association, 1 in 5 people will experience a mental health issue illness in a given year, and 50% of people will have suffered from mental illness by age 40. Nevertheless, these claims stemming from mental illnesses are frequently denied or terminated by major insurance companies. There are several reasons for this, which we’ll discuss below. One significant challenge is the “invisible” nature of these conditions, making it harder for claimants to meet the insurance company’s evidence requirements.

As a result, it’s essential that individuals facing denials or terminations of their long-term disability benefits for mental health conditions promptly seek the guidance of an experienced disability lawyer to navigate the dispute process effectively.

How Mental Health Disability Lawyers Can Make a Difference

Dealing with a denied or terminated mental health disability claim can be a daunting and emotionally challenging experience. However, having an experienced disability lawyer by your side can significantly improve your chances of a successful resolution. Here are several ways in which a disability lawyer can make a substantial difference in mental health claims:

Expertise in Mental Health Disorders

Disability lawyers specialize in understanding mental health disorders and the unique challenges they present in disability claims. They can provide valuable insights into how these conditions affect your ability to work and function in daily life.

Comprehensive Review of Your Case

A disability lawyer will thoroughly review your case, examining the medical evidence, insurance policy, and any relevant documentation. They ensure that all necessary documents and information are gathered and presented effectively.

Effective Communication with Insurance Companies

Your lawyer can handle all communications with the insurance company on your behalf. They know how to navigate the complexities of insurance claims and can negotiate with the insurance company to secure the benefits you deserve.

Appeals and Litigation

If necessary, a disability lawyer can guide you through the appeals process or represent you in litigation. They have experience in presenting cases before courts and administrative bodies to fight for your rights.

Support and Advocacy

Dealing with a mental health claim denial can be emotionally draining. A disability lawyer not only provides legal support but also offers emotional support and advocacy, ensuring that your voice is heard throughout the process.

Maximizing Your Benefits

The goal of a disability lawyer is to maximize your disability benefits. They work to secure not only the financial support you need but also the recognition of your mental health condition’s impact on your life.

In mental health claims, having a dedicated disability lawyer on your side can be a game-changer. They understand the complexities of mental disorders and will work tirelessly to ensure you receive the benefits and support you deserve.

Psychological Condition and Denied a Disability Claim

Claims based on a psychological condition, or a mental health disorder, are the most commonly denied or terminated long-term disability claims. There are two key reasons for this:

Insufficient Medical Evidence

Essentially, it comes down to the fact that psychological disabilities fall under the category of “invisible” disabilities. Depression or an anxiety disorder doesn’t show up on an MRI, and post-traumatic stress disorder cannot be verified by running bloodwork.

Not Receiving Appropriate Treatment

Treatment for mental health problems varies according to the individual and the specific condition they are dealing with. While there’s no certainty that treatment will completely resolve a mental health condition, it’s important to show that you’re actively seeking help and making genuine efforts to address your mental health challenges. Failing to either seek professional assistance or engage in a recommended treatment plan is likely to raise concerns for an insurance company. This can act as a significant warning sign, increasing the probability that your claim will face denial or termination.

Navigating the Complexities of Disability Insurance Policies

We assist a diverse group of clients who have faced benefit denials within their group benefits packages. It’s important to note that every long-term disability policy is unique. However, many policy applications include specific elements such as time limits, requirements for mandatory medical records, and updates on treatment progress. These policies can also often be subject to what is known as a “change of definition.” This refers to situations where the insurer’s interpretation of disability evolves or disputes arise regarding the time limits.

The key takeaway is that any of these circumstances can potentially occur during your claim process. Therefore, it’s essential to be aware of the nuances in your policy and have the right support in place to navigate through potential challenges. Your Ottawa disability lawyer will analyze your policy and ensure that you meet and follow all the appropriate deadlines and procedures, minimizing the risk of complications during your claim.

Our Long term disability lawyers have the know-how, the determination and the skills to resolve any type of long-term disability matter based on a psychological disability, including:


Long Term Disability Conditions


Depression & Anxiety


Post-Traumatic Stress Disorder (PTSD)


Sexual assault;


Addiction; and


Workplace stress, Harassment and Burnout

Contact Ottawa Disability Lawyers today

To schedule a free consultation with one of our knowledgeable disability lawyers, simply fill out our online form, or you can reach us directly at 6134545792. We’re here to assist you with your disability claim and provide the guidance you need. Your best interests are our priority and we will work to secure the most favourable outcome for your unique circumstances.