In today’s post-pandemic world, burnout has become a significant issue for many employees. It’s not just a fleeting feeling of being overwhelmed; for some, it leads to the need for long-term disability benefits. Here’s a breakdown of the key points to consider when seeking burnout disability benefits.
In this article, we will also answer the following questions:
- Is burnout a disability?
- Does burnout qualify for disability?
- What burnout disability beneifts are available to Canadians?
- How can a person win disability for burnout?
Let’s dive in!
Is burnout a disability in Canada?
Burnout is not officially recognized as a medical condition in Canada. Instead, it is often considered a natural response to a stressful work environment rather than a diagnosable medical issue. However, the mental health conditions that typically accompany burnout, such as anxiety and depression, are recognized as disabilities.
If you are diagnosed with anxiety and depression as well as burnout, you can also qualify for disability payments.
If you have further questions about what conditions qualify for disability in Canada, explore our article on what qualifies for disability in Canada or see the articles below:
Was your burnout claim denied? Our disability lawyers at Resolute Legal can help. Click on the button below to schedule a free consultation with our experienced staff.
What is burnout?
As we previously discussed, burnout is not a medical condition. Instead, it is a type of stress linked to work. Research suggests certain personality traits and past work experiences may increase a person’s risk of developing burnout. Common signs of burnout include:
- Feeling exhausted
- Inability to perform essential job duties
- Feelings of negativity or apathy towards your job
Burnout vs. Depression
Although the signs and symptoms of burnout and depression are quite similar, they are distinct conditions. Burnout is a form of stress that typically improves with rest and time away from work, while depression is a medical condition that requires treatment through therapy, medication, lifestyle changes, and other interventions.
The most effective way to determine whether you are experiencing burnout or depression is to consult with a medical professional. Failing to treat burnout can lead to depression.
Burnout disability benefits in Canada 2024
If you become unable to work because of burnout, you have a few options. You might be eligible for disability benefits from the government, your employer, or your insurer.
This list covers the possible options for burnout disability benefits in Canada:
- Disability tax credit
- Long-term disability insurance
- Employment Insurance (EI) sickness benefits
- Short-term disability insurance
- CPP disability
- Workers compensation
- Veterans Affairs Canada
- Provincial disability benefits
Let’s go over each so you can find out if you qualify.
Burnout disability tax credit
Does burnout qualify for the disability tax credit in Canada? Yes, burnout is a condition that can qualify for the disability tax credit. However, you must prove that you meet the program’s definition of disability.
The disability tax credit is a type of benefit that lowers your taxable income. To qualify, you must have a severe and prolonged impairment as defined by the program. But, this program has a higher standard than others.
Qualifying for this credit can get some of your previous taxes refunded. It depends on the timeline of your condition. You apply by filling out a T2201 form and sending it to Revenue Canada.
Burnout long term disability
Long term disability (LTD) benefits pay for a longer period of time compared to short term disability. If you win a claim for long term disability benefits, the payments can last for many years. A policy will specify that the benefits last a number of years — 2, 5, or 10, for example. Or, they last until you reach a certain age — usually 65.
LTD payments often cover 50-67% of your monthly salary. They are paid once a month rather than every two weeks. Like STD benefits, most LTD benefits come from group plans or private policies.
If your company offers a group medical plan, then check it for LTD benefits. If you’re in a union, your medical plan will likely include LTD.
You can also get them through private insurance policies if you’re self-employed or underinsured. With private policies, the payment is usually a fixed amount, but sometimes it’s a percentage of your earnings.
You apply for LTD by filling out forms and sending them to the insurer. Once again, you’ll probably have three forms. There should be one for you, your employer, and your doctor. And again, it’s your job to submit them. You won’t get a decision until the insurer gets all the forms.
You can appeal a denial, just as with an STD claim. Your LTD plan may allow two to three internal appeals. After, you’d need to do an appeal hearing with an outside judge — or a lawsuit.
For more information, check out our article denied long term disability help or book a free consultation with our team below. We have helped thousands of Canadians who have been denied LTD benefits.
Burnout Canada Pension Plan Disability (CPP)
CPP disability benefits cover permanent disability. If you qualify, then you can get paid until age 65. In 2024, payments range from $583.32 to $1,606.78 per month. The amount is based on how much you paid into the program. The more you contribute, the more you’ll get back. Just like with EI, if you had a job with a paycheque, then you paid into CPP.
To qualify for CPP disability, you must have the right amount of credits. You can get credits by credit splitting with a former spouse or paying into another country’s pension plan. You can also qualify for credits if you leave work to raise a child.
You can get LTD and CPP at the same time. The LTD insurer usually has the right to offset your payments by the same amount, however. For example, if you get $900 from CPP disability, your insurer can reduce its payment by $900 for the same month.
Even with enough credits, you still need to prove that your disability is “severe and prolonged.” A severe disability prevents you from regularly working a paying job. A prolonged disability has little hope for improvement.
You apply for CPP disability by filling out the CPP disability application form(s). Your doctor or nurse practitioner will have to fill out the medical report. Then, you send your application to the designated Service Canada office for your province.
If Service Canada denies your claim, you can appeal on two levels. The first is a reconsideration appeal. You must request this appeal within 90 days of denial. If denied again, then you appeal to the Social Security Tribunal. The deadline is 90 days as well.
At the tribunal, a judge or a three-person panel will decide your claim. You can attend the hearing to give evidence and answer questions.
If your CPP disability benefits get denied, we highly recommend working with an experienced CPP disability lawyer. This will give you the best chance at success.
Burnout short term disability
Short-term disability (STD) benefits are another temporary disability payment. They pay 50-67% of your regular salary. You can usually get them for 15-17 weeks, but sometimes longer. You’ll typically receive payments every two weeks.
Employers offer these benefits either through the company or a group insurance policy. In both cases, employers hire an outside agency to run the program on their behalf.
You only qualify if you have a plan through your job. Not all employers offer this to their employees. If your employer doesn’t, you might be able to get EI sickness.
If you qualify for short term disability in Canada, then you won’t qualify for EI. If you can get STD payments, you have to apply for those instead of EI.
You apply by getting the forms from your employer or the insurance company. The application includes three forms. There is one for you, one for your doctor, and one for your employer. It’s up to you to get all the forms back to the insurer.
If your application gets denied, you can ask for a review. This is called an internal appeal. During the appeal, your claim gets reviewed by someone else in the company. You can have three or four of these appeals. After that, you may have to appeal to an outside judge or file with the courts. Your options will depend on your situation. Read reasons short term disability can be denied for more information on what to do post-denial.
Our short term disability attorneys can help you navigate an appeal. Call our disability support team today at (866) 314-2540 to schedule your free consultation today.
Burnout Employment Insurance (EI) Sickness benefits
EI sickness benefits are temporary disability benefits. They are paid through the federal government’s employment insurance (EI) program. EI pays 55% of your salary for 15 weeks.
To qualify, you must have recently paid into the EI program. You pay through deductions from your paycheque. These are automatic. So, if you got an official paycheque, you paid into the EI program.
You apply for EI benefits online through Service Canada. You can apply from home or at any Service Canada office. Your doctor needs to fill out a form to confirm that you can’t work for the 15 weeks that EI covers. And finally, your employer will need to issue a Record of Employment (ROE) to confirm your sick leave.
Please note: If you qualify for short-term disability, then you can’t claim EI benefits at the same time.
You can learn more about EI by visiting our article on the EI sickness benefits program.
Burnout Canada Disability Benefit (CDB)
As of right now (November 24, 2023), the Canada Disability Benefit hasn’t been released. In addition, there are very few details on the eligibility criteria, application, and appeal process. So, due to that, we don’t know whether burnout will qualify. However, it likely will.
To stay informed about the benefit and anticipate its release, you can explore our article: New Canada Disability Benefit.
Burnout worker’s compensation
Workers Compensation Canada pays short- and long-term benefits to people injured on the job.
Each province has its own program. To qualify, you must have suffered an injury at work. Also, your employer must be covered — not all jobs are.
Historically, worker’s compensation programs only considered mental health claims that came from a single workplace incident. They wouldn’t recognize situations of chronic workplace stress caused over time.
This is changing, however. In January 2018, WSIB in Ontario implemented a new policy to allow claims for “chronic mental stress” caused by their work. This policy isn’t adopted by all workers’ compensation programs in Canada. Check with the program in your province to see if benefits are available.
To succeed in this claim, you need a doctor to support your belief that the workplace injury triggered the burnout or made it permanently worse. You’ll need to have a diagnosis of burnout or related mental illness. You will need to prove the specific workplace conditions or events that caused the burnout. Workplace harassment and bullying are two common reasons. The workers’ compensation program will have to independently verify these events from your employer or coworkers.
Workers’ compensation benefits Canada overlap with EI, CPP, and short- and long-term disability. This can get complicated, so you should seek legal advice for any concerns about payments. Depending on your province, you may keep some (or all) of your CPP disability as well as the workers’ comp.
If workers’ compensation denies your claim, you must follow the appeal procedures for your province. These programs also have two levels of appeal: the internal reconsideration and the outside tribunal. In most provinces, this tribunal is called the Workers Compensation Appeals Tribunal (WCAT).
VA disability for burnout
If you’re a member or former member of the Canadian Forces, then you may qualify for short- or long-term disability benefits from Veterans Affairs Canada (VAC).
To qualify, you need to prove that a “service-related injury” caused or worsened your burnout. You’ll also need a doctor to confirm it.
You can apply for a burnout VA claim, either online or with
How to win disability benefits for burnout
To increase the chances of getting a burnout-related disability claim approved, consider the employing the following strategies:
1. Get a medical diagnosis of related conditions
If burnout leads to medical conditions such as anxiety or depression, obtaining a formal diagnosis from a healthcare provider can strengthen your claim. These conditions are recognized by insurance companies and can provide the necessary medical basis for your disability claim.
2. Get regular medical care
Ensure you are receiving regular care from a doctor. Insurance companies look for consistent medical treatment when evaluating claims. If your doctor advises rest as the primary treatment, it may not be sufficient to meet the insurance company’s standards for a serious condition.
3. Go to specialist consultations
While not everyone with burnout needs to see a psychiatrist, consulting with one can add weight to your claim. Insurance companies often view psychiatric consultations as an indicator of the severity of a mental health condition.
4. Seek psychological treatment
Engaging in psychological treatment, such as therapy or counselling, can also support your claim. Insurance companies expect to see evidence of ongoing treatment for conditions like anxiety and depression.
5. Document everything
Ensure all medical consultations, treatments, and diagnoses are thoroughly documented. Insurance companies rely heavily on written records, and well-documented medical histories can make or break a disability claim.
6. Applying for multiple benefits
In cases where workplace factors significantly contribute to burnout, it may be beneficial to apply for both workers’ compensation and long-term disability benefits simultaneously. Some provinces recognize chronic stress and mental illness arising from workplace conditions as valid grounds for workers’ compensation claims. Applying for both can cover all bases and prevent complications related to missed deadlines.
Credibility is key
In legal settings, credibility refers to a person’s trustworthiness or believability. A decision-maker who finds you trustworthy may rule in your favour — even if your evidence is weak. Conversely, a decision-maker who doesn’t trust you won’t give you the benefit of the doubt in uncertain areas, even with strong evidence. Being credible provides an invisible advantage that many people ignore.
Why burnout claims are often denied
The following is a breakdown of why burnout claims often get denied.
1. Lack of medical diagnosis
Insurance companies typically require a medical diagnosis to approve disability claims. Since burnout itself isn’t classified as a medical condition, claims based solely on burnout are almost always denied.
To combat this, it is best to get diagnoses of other conditions (if you have them). For example, if you are struggling with depression and anxiety, you should diagnosed with those conditions. This will strengthen your claim.
2. Workplace factors
Burnout is often attributed to workplace conditions such as lack of control, unclear job expectations, dysfunctional workplace dynamics, and heavy workloads. These factors are seen as environmental rather than medical, making it difficult to argue for disability benefits based on burnout alone.
Final considerations on winning disability for burnout
Burnout claims are challenging, but not impossible, to win. By securing a medical diagnosis for related conditions, receiving regular and documented medical care, consulting with specialists, and applying for all relevant benefits, you can enhance your chances of approval. Remember, the key is to present a well-documented case that highlights the medical impact of burnout and its related conditions.
For more detailed guidance, refer to our article on the top reasons mental health claims get denied and how to address them. These resources provide additional insights into navigating the complex landscape of disability benefits for burnout and related conditions.
Was your burnout claim denied?
Here at Resolute Legal, we have helped thousands of people win disability benefits for mental health-related claims, including several relating to burnout-induced depression and anxiety. We can help you, too. Click the button below to schedule a free consultation with our experienced team.
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