Denied Long Term Disability Claims for Depression

Depression is one of the most prevalent causes of disability in Canada and around the globe. Although it is generally referred to as a mental illness, its impact extends far beyond the feeling of sadness. Depression can lead to extreme disruption of physical health, work performance, relationships, and overall day-to-day life. Despite that it is a legitimate and medically recognized condition, individuals suffering from major depressive disorder on other depression-related illnesses have often had long term disability claims denied, without the financial support they need during one of the darkest periods in their lives.

At Grillo Law, our disability lawyers have assisted many clients with the complex process of long term disability claims. We understand how depression affects not only your emotional well-being but also your ability to carry out daily activities. When an insurance company has unfairly denied your depression disability claim, we are prepared to inform you of your rights and fight for your deserved benefits.

What Is Depression?

Depression, or major depressive disorder as it is clinically known, is a serious and common mental disorder that affects how a person feels, thinks, behaves, and perceives the world. In a national survey in 2023, approximately 29% of Canadian adults have been diagnosed with depression in their lifetime, and approximately 18% are currently experiencing its symptoms.

Depression can occur at any time, but generally begins in late adolescence to mid-20s. Women are more likely to be diagnosed statically then men, and young adults report more depression than older age groups.

Most Common Symptoms of Depression

The symptoms can range from mild to severe, and symptoms affect each person differently. They are:

• Persistent feelings of sadness, emptiness, irritability, or hopelessness,
• Loss of interest or pleasure in activities that were once enjoyed,
• Major appetite and weight changes,
• Excessive sleeping or not sleeping,
• Loss of energy or fatigue,
• Restlessness or slow movement that others can observe,
• Feelings of worthlessness or guilt,
• Concentration difficulties or problems making decisions,
• Suicidal thoughts or behaviours

These symptoms of depression can really impair one’s normal function, causing long-term impairment of occupational performance, interpersonal relationships, and daily life.

Types of Depression

It is necessary to know the different forms of depression to be able to establish a disability case. Each one has its share of symptoms that can justify disability claims when severe enough.

Major Depressive Disorder (MDD)

The most well-known form of depression, MDD is characterized by low mood and lack of interest in activities for at least two weeks. Symptoms have a tendency to affect sleep, appetite, energy, and mental functioning.

Persistent Depressive Disorder (PDD)

Formerly known as dysthymia, PDD is a chronic form of depression where the symptoms are less severe but last much longer, often for years. The extended duration of this condition has the potential to result in severe and long term disability that would qualify for long term disability benefits.

Seasonal Affective Disorder (SAD)

SAD typically occurs during the fall and winter months due to decreased sunlight. Individuals may experience increased sleep, weight gain, and social withdrawal. In most individuals, SAD recurs annually and affects their ability to work during those months

Bipolar Disorder

While not a depression in itself, bipolar disorder carries depressive episodes and are just as disabling as those of MDD. The illness also has maniac or hypomanic episodes, which make the overall disability even more complex.

Premenstrual Dysphoric Disorder (PMDD)

This is a more severe form of PMS that occurs around a women’s menstrual cycle. PMDD includes symptoms of depression like mood swings, irritability, and feelings of hopelessness. It can disrupt everyday life and might be eligible for disability benefits.

Disruptive Mood Dysregulation Disorder (DMDD)

Primarily diagnosed in children, DMDD is made up of chronic irritability and temper outbursts that can get in the way of school and social relationships.

Any of these mental disorders can be the basis of a legitimate mental illness claim if supported with the right medical records and treatment documentation.

Depression Symptoms and Their Impact on Daily Life

The manifestation of depression varies from individual to individual, but its impact on daily living is profound and far-reaching. When not treated, depression can cause:

Work and Productivity

Depressed workers often experience issues with focus, decision making, and chronic fatigue. This leads to reduced productivity, absenteeism, or total failure to meet their work demands. The majority get terminated or forced to take unpaid leaves, resulting in financial crisis and loss of taxable income.

Relationships

Depression can isolate people from family and friends. Irritability, feelings of worthlessness, or emotional numbness can make a person unable to communicate effectively, leading to tension in friendships, family relationships, and love relationships.

Physical Health

Depression is not just in the mind, its physical symptoms encompass headaches, gastrointestinal difficulties, and chronic pain. In addition, depressed people are likely to be vulnerable to serious health conditions such as cardiovascular disease and diabetes.

Social and Recreational Life

Depression also causes individuals to withdraw from social activities and interests, further increasing the isolation and making recovery more difficult.

Self-Care and Hygiene

Basic tasks such as showering, eating, or getting out of bed are impossible. As time passes, neglecting self-care raises the aggravation of medical conditions and strengthens the depression.

Cognitive Impairment

Cognitive dysfunction is another common effect of depression, resulting in forgetfulness, poor judgement, and an inability to focus on tasks; all of which significantly impact work and activities of daily living.

As soon as these effects are throughly documented and have persisted over a lengthy period, they very often meet the criteria for term disability for depression.

Can Depression Be Considered a Long-Term Disability?

Yes. Depression in Canada is considered a long term disability when it considerably impairs one’s ability to work or carry out normal day to day activities. According to the Canadian Human Rights Act and Canada Revenue Agency, mental healthy disabilities are to be accorded the same treatment as physical disabilities in determining eligibility for disability benefits.

Depression as a Disability

Severe depression can prevent individuals from working, from maintaining relationships, or even from getting out of bed. Such individuals may be eligible for long term disability (LTD) benefits if they are able to provide:

• A formal diagnosis from a qualified healthcare provider.
• Regular and documented doctor visits.
• Compliance with a prescribed treatment plans (e.g., therapy, medication).
• Evidence that symptoms affect work performance and duties.
• Reports from a treating doctor describing how the condition limits function.

Proving the Disability

Disability insurance companies usually require extensive documentation to approve a claim for mental illness. A successful application will need:

• Medical records that demonstrate the severity of symptoms.
• Healthcare provider notes demonstrating how the condition interferes with work.
• Compliance with treatment (e.g., adherence to medication and therapy).

Without this, the insurer can argue that a positive treatment outcome requires continued effort or that symptoms are non-disabling. This often leads to disability benefits being denied.

Depression Disability Benefits

There are several programs and options available for individuals whose mental illness make it impossible to work. These include:

Canada Pension Plan Disability (CPP Disability)

This federal benefit is available to those who have severe and prolonged impairment and have contributed to the CPP. If approved, it offers monthly payments to help cover living expenses.

Long Term Disability Benefits

Offered through employer group plans or private insurance policies, these benefits typically cover 60-70% of your monthly salary. Policies vary, but most require medical evidence that your depression interferes with your ability to work.

Disability Tax Credit (DTC)

This non-refundable tax credit from the Canada Revenue provides financial assistance to individuals with qualifying disabilities. Your mental illness needs to be certified by a medical practitioner as imposing severe functional limitations.

Government Assistance Programs

Depending on which province you are in, you may be eligible for:

• Employment and Support Allowance (ESA)
• Personal Independence Payment (PIP)
• Universal Credit
• Attendance Allowance

All of these involve strong medical evidence and interviews, forms, and appeals.

Employer Accommodations

If you are not yet ready or qualified for disability benefits, speak with you employer. They are legally to make reasonable adjustments for mental illnesses.

The Importance of Medical Records in Supporting Your Claim

Lack of thorough medical records is one of the main reasons why disability insurance companies deny claims. It is crucial to:

• Visit a qualified health care professional on a regular basis.
• Adhere to an established treatment plan.
• Obtain written reports from your treating doctor that outline limitations and impairments.
• Keep a diary that documents how your depression manifests and how symptoms affects activities of daily living.

The more evidence, the stronger your case. Remember, the burden of proof is on the claimant. Insurers can plead that your condition does not meet the level of long term disability without extensive medical history.

Seek Assistance from a Long Term Disability Lawyer

If your depression disability claim has been denied, you might feel as if the system is working against you. However, with the right legal help, you can appeal the ruling and potentially receive the benefits to which you are entitled to.

At Grillo Law, our long term disability lawyers are here to help:

• Understand your rights under Canadian disability law.
• Collect and organize the required medical evidence.
• Successful handle disability insurance companies.
• Appeal a rejected long term disability claim for depression.
• Manage appeals and hearings

We offer a free consultation to discuss your case and advise you of your next steps. Don’t wait. Depression is a serious disease, and receiving the monetary benefits you’re entitled to can be valuable part of the healing process.

Contact Grillo Law today to speak with a trustworthy disability lawyer. We will work to help you get long term disability benefits you need. If you have major depressive disorder, bipolar disorder, or persistent depressive disorder, out team will help you along the way.