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.
A cancer diagnosis changes everything, especially if you’re working. Suddenly, you need to worry about how bills are gonna be paid while looking into cancer treatment and considering your next steps. The last thing on your mind is getting back to work.
That’s where disability benefits come in. If your job provides disability benefits, you can make a claim for income protection while away from work for health reasons (as long as the health issue qualifies as a disability).
If you’re dealing with a denied disability claim for cancer in BC, you’re not alone, and a denial isn’t the end of the road.
This article looks at whether cancer qualifies as a disability for insurance purposes, how insurers assess these claims, and what steps may be worth considering after a denial.
Does Cancer Qualify as a Disability for Insurance?
In many insurance policies, yes, cancer can qualify as a disability. However, it does depend on your specific policy terms whether it would qualify. Coverage, definitions of disability, exclusions, and waiting periods vary significantly between insurers and even between different policies from the same insurer.
A cancer diagnosis on its own does not automatically qualify someone for disability benefits. Insurers are less concerned with the name of the illness and more focused on how it affects your ability to perform the duties of your job.
Can You Receive Disability Benefits While Undergoing Cancer Treatment?
People undergoing active cancer treatment may experience symptoms and side effects that significantly limit their ability to work, even if they are not visibly “sick.” Depending on the policy and the medical evidence provided, these effects may support a disability claim. Common examples include:
- Chemotherapy-related nausea, weakness, and appointment schedules
- Radiation therapy and its cumulative fatigue
- Recovery time and physical restrictions following surgery
- Persistent fatigue that affects concentration and stamina
- Cognitive changes sometimes described as “chemo brain,” including memory and focus difficulties
- Chronic or treatment-related pain
- A weakened immune system that increases health risks in the workplace
- Mental health impacts, including anxiety and depression related to diagnosis and treatment
To qualify for benefits, one or more of these symptoms must seriously affect your ability to work, with detailed documentation from a doctor.
This means that the type of work you do is a factor as well. A person with a physically demanding job may face different functional barriers than someone in a desk-based role, and insurers often expect medical evidence that speaks to those specific demands.
Why Would a Disability Claim for Cancer Be Denied?
Cancer is a serious disease, which is why having your disability claim rejected for cancer can be confusing. Insurers aren’t trying to question the validity of your condition, but they are assessing how your condition fits into their definition of disability.
It’s important to understand that an insurer’s definition of disability is not the same as the medical definition of a disability.
There are several common reasons a disability insurance cancer claim may be denied, including:
- Insufficient or incomplete medical evidence supporting functional limitations
- The insurer’s position that the claimant can return to work in some capacity
- A lack of documented connection between symptoms and specific job duties
- Missed application or appeal deadlines
- Missing or delayed physician documentation
- Disputes over whether the “own occupation” or “any occupation” definition applies
- Findings from surveillance or independent medical examinations, where applicable
A denial does not necessarily mean someone isn’t disabled. Being diagnosed with a disability and qualifying for disability benefits are two completely different things. This disparity reflects a gap between the evidence submitted and what the insurer’s internal criteria require.
What Can You Do After a Denied Disability Claim for Cancer in BC?
- Carefully review the insurer’s denial letter. This will give you insight into the specific reasons for the decision. From there, you can gather additional medical documentation, request their claim file, or explore the appeal process outlined in their policy.
- Get legal advice from a lawyer at Dyson Law Firm. You have a limited time to sue, so it’s important to start the legal process immediately. Our lawyers have years of experience helping reverse disability claims. We’ll assess the strength of your case and obtain the necessary medical evidence needed to challenge the denial. Get started with a consultation.
- Appeal internally with the insurer. If you’d like, you can go through the internal appeal process with your insurer. However, we do recommend still contacting a lawyer before you appeal. Insurers rarely reverse their initial decision, and internal appeals won’t extend your timeline to sue.
You shouldn’t feel discouraged to sue or fight for your claim just because of a denial. The truth is, insurers deny most of the disability-related claims they receive, and the denials are not always valid or done in good faith.
Our lawyers can assess your claim and give you clarity into whether the denial was valid and whether it’s worth fighting for in court.
Frequently Asked Questions
Can disability benefits stop even if I still have cancer?
Yes, this can happen. Insurers may periodically reassess a claim, and benefits can be reduced or stopped if the insurer determines that a claimant’s functional limitations have changed, even if cancer or treatment is ongoing. This is one reason continued medical documentation throughout a claim is important.
What evidence is most important for a cancer disability claim?
Detailed medical evidence from treating physicians and specialists that clearly connects symptoms and limitations to the specific demands of your job is often central to a claim. Consistent documentation over time can also help demonstrate an ongoing pattern of impairment.