Can’t Get Long-Term Disability for Mental Health? You Might Have the Right to Sue
In our practice, we find that long-term disability insurance claims for mental health are frequently denied. However, these denials are not always in good faith. If you’ve been struggling to get long-term disability benefits for a mental disability or illness, keep reading to find out how mental health-based disability insurance claims work, why the appeals process doesn’t always work, and your rights to sue.
This article contains general information and is not legal advice. For qualified legal advice, please call 604-876-7000 to get in touch with a BC Disability Insurance Lawyer near you.
*Please note that if you are a union employee and are subject to a collective agreement that references a disability insurance plan, you should immediately discuss your claim with your union representative. Our firm may not be able to assist in these situations. Limitation periods can be very short—sometimes weeks—when a union grievance process is available.
Being Denied Long-Term Disability for Mental Health Is Very Common
If you’ve been denied long-term disability (LTD) benefits for a mental health condition, you’re not alone. Insurance companies frequently reject these types of claims. It’s easier to reject mental disability-based claims than ones for physical disabilities, as they are “invisible disabilities”.
Because these kinds of conditions don’t show up on an X-ray or MRI, insurers like to argue there isn’t enough “objective” medical evidence to prove your condition prevents you from working. This puts the pressure on you to prove the severity, which can be difficult.
Not every case of mental illness is debilitating, and insurers will often depend on this fact to avoid paying out a long-term disability claim.
If this has happened to you, know that you’re not out of options. Our firm has helped many people who were denied LTD benefits for mental health reasons build strong cases and get the compensation they deserve.
Get tailored legal advice for your situation today! We’ll be transparent about whether you have a strong enough case to file a lawsuit.
Why Appealing the Denial Might Not Work
If you are really struggling to get your long-term disability benefits, you’ve likely already tried to appeal the denial internally. Denied appeals aren’t uncommon, and luckily, there are more options.
Claimants don’t often find success in the appeals process. The same insurance company that denied your claim is the one reviewing your appeal — and insurers rarely reverse their own decisions.
Appealing very rarely benefits the claimant unless the case is straightforward, which doesn’t usually apply to mental health–related claims.
Deciding to appeal without pursuing further legal action can:
- Delay the process of getting your long-term benefits, leaving you without income protection for an extended period.
- Waste the 2-year window you have to file a lawsuit, especially since most legal professionals will recommend filing within the first year to avoid missing important deadlines.
- Give the insurer more time to strengthen their defense, which will only work against you.
What to Do If You Can’t Get Long-Term Disability for Mental Health: Filing a Lawsuit
We strongly recommend filing a lawsuit if you haven’t been able to secure long-term disability benefits. You can file the lawsuit at any time, as long as it falls within the 2-year window. You are not required to appeal first or wait for an appeal decision if an appeal was already submitted to file.
How Filing a Lawsuit Can Help You Obtain Long-term Disability Benefits
Insurance companies have a built-in conflict of interest: every claim they approve costs them money. This makes it impossible for them to be unbiased. By taking your case to court, you move your claim into a system designed to be fair and neutral and get justice for wrongfully denied claims.
A lawsuit allows a judge (not the insurer) to review your case, including your medical evidence and the impact your condition has had on your ability to work. In some cases, this can lead to a successful reinstatement of benefits, back pay, and even additional compensation for bad faith or unreasonable denial.
However, keep in mind that none of the above is guaranteed and depends on the strength of your case. You can speak to one of our British Columbia disability lawyers about the strength of your case and if it’s worth bringing to court.
You can also call us at 604-876-7000 for a faster response.
Can You Receive Long-Term Disability Benefits for Mental Health Conditions in BC?
Yes. In British Columbia, you absolutely can receive long-term disability for a mental health condition.
Mental health conditions that are covered by most long-term disability insurance plans include (but are not limited to):
- Depression
- Anxiety disorders
- Bipolar disorder
- Schizophrenia
- Post-traumatic stress disorder (PTSD)
However, just being diagnosed with any of the above conditions does not automatically qualify you for long-term disability.
The Centre for Addiction and Mental Health (CAMH) reports that 1 in 5 Canadians experience a mental illness in any given year. Mental illnesses like depression, anxiety, and bipolar disorder do affect day-to-day living, but not every case is debilitating enough to prevent you from working. Insurers will often exploit this when denying long-term disability claims. cing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
The Question Comes Down to Severity
For a long-term disability claim for mental health, the important factor in a successful claim is proving the severity. No matter what the illness is, you need medical evidence that supports the fact it has made you unable to work (not just in your current occupation, but any occupation).
Don’t feel deterred if you are struggling to prove the severity, some insurance companies will deny long-term disability claims no matter how severe a mental illness is. Talk to a doctor about the severity of your illness and seek legal advice if needed.