Anxiety Disability Canada: Benefits, Claim Denial & More

Whether you have already started to apply or are considering beginning the process, you probably already know that winning anxiety disability benefits in Canada can be an uphill battle. Anxiety is an invisible illness. So, it presents additional challenges when proving your claim to disability providers.

But, is anxiety a disability in Canada? And, if so, how do you educate yourself on the benefits?

At Resolute Legal, we believe educating yourself is the single most important thing you can do to win the benefits you deserve. So, since you are reading this article, we know you are on the right path.

You will need to prepare very diligently to win the benefits you deserve. Winning won’t cure your anxiety, but removing the financial burden will certainly help, and this is entirely possible with the help of an anxiety lawyer.

Is anxiety a disability in Canada?

Yes, anxiety is a disability in Canada, and all disability benefits providers in Canada recognize anxiety as a disability. It’s a condition that can qualify for benefits, but understanding what conditions qualify for disability in Canada is crucial when navigating the intricate realm of disability claims.

Essentially, this is a big win for mental health, but nevertheless, a diagnosis alone is insufficient for qualification. You need to have a specialist on your behalf who can also physically see and certify anxiety as a work-disabling illness.

To be eligible for mental illness disability benefits in Canada, individuals must substantiate how their conditions hinder their ability to work. When assessing claims related to anxiety, providers specifically examine the severity of symptoms. The evaluation encompasses an analysis of the medical treatments received and any plans for future treatment.

Additionally, providers may assess the impact of symptoms on work performance and the individual’s perseverance in maintaining employment, especially when considering the application for long-term disability benefits.

It is imperative to have comprehensive documentation, including medical records or other pertinent paperwork, accompanying the claim to substantiate the severity of the condition and its hindrance to work capabilities.

If you need legal support in Canada for an anxiety disability claim, we will work tirelessly to appeal the decision on your behalf.

Is social anxiety a disability in Canada?

Yes, social anxiety disorder is recognized as a disability in Canada. Individuals diagnosed with social anxiety may qualify for disability benefits, provided they can demonstrate that the condition significantly impairs their ability to work. Disability benefits providers in Canada assess the severity of symptoms associated with social anxiety disorder.

They consider factors such as the impact on:

• Social interactions
• Ability to work
• Overall functioning

To qualify for disability benefits due to social anxiety, individuals must show comprehensive documentation, including medical records and relevant paperwork, illustrating the extent of their situation and its hindrance to employment.

The evaluation typically includes an assessment of the severity of social anxiety symptoms and their interference with the individual’s capacity to perform work-related tasks. It is essential to present a thorough case to establish eligibility for disability benefits based on social anxiety disorder in Canada.

Social anxiety symptoms

Social anxiety disorder is characterized by an intense fear of social situations and a persistent concern about being judged or embarrassed by others, which can cause a lot of suffering. Individuals with social anxiety often experience physical and emotional symptoms when faced with social interactions.

Physical symptoms may include trembling, sweating, blushing, and an increased heart rate.

Emotionally, those with social anxiety may feel overwhelming anxiety, self-consciousness, and a strong desire to avoid social situations altogether.

The fear of negative evaluation can be debilitating, leading to difficulties in forming and maintaining relationships as well as impacting academic or professional performance.

However, it’s important to note that the severity of symptoms can vary, and individuals with it may benefit from therapeutic interventions to manage and alleviate these challenges.

Social anxiety treatment

Treatment for social anxiety often involves a combination of therapeutic approaches aimed at reducing symptoms and improving overall well-being:

• Cognitive-behavioral therapy (CBT) is a commonly used and effective method, focusing on identifying and challenging negative thought patterns associated with social interactions.
• Exposure therapy is another component, gradually exposing individuals to feared social situations to build confidence and tolerance.
• Medications, such as selective serotonin reuptake inhibitors (SSRIs) or benzodiazepines, may be prescribed in some cases to alleviate symptoms.
• Mindfulness techniques and stress management strategies can complement therapeutic interventions.

Seeking professional help from psychologists, counsellors, or psychiatrists is crucial for tailored treatment plans, as they can provide guidance and support throughout the process of overcoming social anxiety.

Is generalized anxiety disorder a disability in Canada?

Yes, generalized anxiety disorder (GAD) or anxiety is considered a disability in Canada and by the Canadian government. Individuals diagnosed with GAD may be eligible for disability benefits if they can demonstrate that the condition significantly impairs their ability to work.

Disability benefits providers assess the severity of GAD symptoms, considering factors such as excessive worry, restlessness, and difficulty concentrating.

The evaluation typically involves an assessment of how GAD symptoms interfere with daily functioning and work-related tasks, emphasizing the need for thorough documentation to establish eligibility for disability benefits based on generalized anxiety disorder in Canada.

Generalized anxiety disorder symptoms

GAD manifests as persistent and excessive worry about various facets of life, encompassing work, relationships, and everyday scenarios.

Those grappling with GAD frequently encounter difficulties in managing their anxiety, resulting in symptoms like:

• Restlessness
• Muscle tension
• Fatigue
• Irritability
• Difficulty concentrating

Generalized anxiety disorder treatment

Treatment for GAD typically involves a combination of therapeutic interventions: 

• CBT is commonly used to help individuals identify and modify negative thought patterns contributing to anxiety and bring long-term benefits.
• Relaxation techniques, such as deep breathing and mindfulness, are often incorporated to manage physical symptoms.
• Some types of medications such as selective serotonin reuptake inhibitors (SSRIs) or benzodiazepines may be prescribed to alleviate symptoms. 

A collaborative approach between individuals and mental health professionals is crucial to tailor treatment plans and address the specific needs of those with GAD, promoting long-term management and improved well-being.

Should you have additional questions about disability benefits and what conditions are eligible, browse the articles below:

Anxiety disability 2024 Canada employment rights

As of 2024, individuals in Canada experiencing anxiety as a disability are entitled to certain employment rights and may be eligible for an anxiety disability allowance. 

The Canadian legal framework acknowledges anxiety as a legitimate disability, ensuring that individuals with anxiety disorders are protected from discrimination in the workplace. Employers are obligated to provide reasonable accommodations to facilitate the continued employment of individuals with anxiety disabilities. 

Moreover, those eligible for an anxiety disability allowance may receive financial support to help cope with the challenges posed by their condition.

This allowance aims to assist individuals in managing their anxiety-related impairments and fostering their ability to participate fully in the workforce, reinforcing the commitment to inclusivity and equitable opportunities for individuals with anxiety disabilities in Canada.

Many people worry about losing their jobs because of anxiety. As a general rule, employers can fire anyone as long as they give proper notice and don’t do it for a discriminatory reason.

However, most employers won’t fire workers who need sick leave. Under Canada’s human rights laws, employers have a duty to help employees with medical conditions that affect their work. Allowing sick leave is a reasonable accommodation that employers should give.

To take sick leave, you’ll need to provide a doctor’s note. It should confirm that you can’t work and need the leave. You’ll need to bring these notes often — every three to six months — to confirm that you still can’t work.

If your application gets denied, you can stay on sick leave while you appeal. Most employers won’t mind as long as you have a doctor’s note.

If your employer attempts to fire you while you’re on sick leave, then you may have legal rights to severance pay. You might even be able to get the termination overturned if it was done because of your condition. However, these situations are complicated. You should always get legal advice.

Anxiety disability Canada 2024

The evolving landscape of mental health awareness in Canada highlights the importance of addressing an anxiety disorder disability with empathy, support, and legal protections to foster a more inclusive and understanding society.

As such, there are various programs in place to support those struggling with anxiety disabilities:

• Tax credits
• Long term
• Short term
• Canada pension plan
• Employment insurance
• Workers’ Compensation
• VA support

Let’s take a look at each of these in turn to see if any apply to you…

Anxiety disability tax credit

Does anxiety qualify for disability tax credit in Canada? Generally, yes.

Anxiety disorders, including generalized anxiety disorder and panic disorder, may qualify for the disability tax credit (DTC) in Canada.

Eligibility for the DTC depends on the severity and impact of the condition on the individual’s ability to perform daily activities. For example, if someone is constantly on the verge of having a panic attack, it becomes really challenging to carry out their day-to-day activities.

The DTC is not specific to any particular medical condition; instead, it considers the effects of the disability on the person’s life.

To apply for the DTC for anxiety or any other condition, a qualified healthcare professional must certify that the individual meets the criteria set by the Canada Revenue Agency (CRA).

The application process involves completing Form T2201 (Disability Tax Credit Certificate) combine with submitting it to the CRA.

If the CRA denies your claim, you can request an internal appeal. If that appeal fails, then you must go to the Tax Court of Canada to appeal again.

Anxiety long term disability

In the context of insurance and disability benefits, individuals facing long-term disability (LTD) due to anxiety may be eligible for coverage.

Long-term disability benefits aim to provide financial assistance and support to individuals whose anxiety makes it challenging to sustain employment and engage in day-to-day activities over the long haul.

As you may guess, LTD benefits pay for a longer period of time. If you win a claim for LTD, 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.

Insurance companies often require thorough documentation from healthcare professionals, outlining the chronic and debilitating nature of the anxiety, to support disability claims, which can complicate the process but doesn’t make it impossible. However, if you don’t have the necessary documents, the insurance company will deny your claim.

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.

If you’ve been denied long-term disability help, navigating the complex legal landscape can be daunting. With our experience in handling denied long-term disability cases, we will work tirelessly to appeal the decision on your behalf.

Anxiety short term disability

Short-term disability (STD) due to anxiety refers to a temporary inability to engage in regular activities, including work, due to the impact of an anxiety disorder.

The aim of short-term disability is to provide individuals with the necessary support to address their anxiety symptoms, undergo treatment, and gradually return to their regular activities, including work, once their condition improves.

Employers may offer STD benefits to support individuals during this period, allowing them to take necessary time off without facing financial strain. Documentation from healthcare professionals, such as therapists or psychiatrists, is typically required to substantiate the need for short-term disability leave.

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.

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.

Note: if you qualify for STD, then you won’t qualify for Employment Insurance. If you can get STD payments, you have to apply for those instead of Employment Insurance.

Many ask us, “can I be fired if my short-term disability is denied?” The possibility of termination hinges on the cause of the termination.

In the immediate context, it is not legally permissible for your employer to terminate your employment due to illness or disability. However, if your employer can establish that your termination is unrelated to disability, they have the legal right to dismiss you, even during a period of sick leave.

In case of a denial of short-term disability, the insurance company communicates this to your employer. Many employers may interpret this as an indication of your fitness to return to work, treating your absence as unauthorized.

Notifying your employer of your ongoing disability is necessary to invoke protection under anti-discrimination human rights laws. If needed, you should contact one of the short term disability attorneys from Resolute Legal.

Additional reading: how long is short-term disability.

Anxiety Canada Pension Plan Disability (CPP)

The CPP disability program provides financial support to individuals with severe and prolonged disabilities, and this includes mental health conditions such as anxiety disorders.

Individuals seeking CPP disability benefits for anxiety must meet specific eligibility criteria, demonstrating that their condition significantly impairs their ability to work.

Before you make a CPP disability application, you need to ensure you’re eligible by providing detailed medical documentation, including reports from healthcare professionals outlining the nature, severity, and impact of their anxiety disorder on daily functioning and work capacity.

This documentation helps assessors at Service Canada, the agency responsible for CPP disability claims, evaluate the validity of the claim.

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. Or, you can qualify for credits if you leave work to raise a child.

If Service Canada denies your claim, you can appeal on two levels:

1. Reconsideration appeal: You must request this appeal within 90 days of denial.
2. Social Security Tribunal: If denied at the reconsideration appeal, you can take this second appeal process – the deadline is 90 days as well.

If you or someone you know is considering applying for CPP disability benefits for anxiety, seeking advice from a CPP lawyer to understand the specific documentation requirements is crucial for getting approved the process.

EI sickness benefits for anxiety (employment insurance)

Employment Insurance (EI) sickness benefits in Canada are designed to provide temporary financial assistance to individuals who are unable to work due to illness, injury, or in some cases, mental health conditions, such as anxiety.

Individuals dealing with anxiety-related challenges may be eligible for EI sickness benefits if their condition prevents them from performing their regular job duties.

To access EI sickness benefits for anxiety, individuals must also meet certain criteria, including having accumulated enough insurable hours and providing a medical certificate from a healthcare professional certifying the necessity for time off work due to the anxiety disorder.

And finally, your employer will need to issue a Record of Employment (ROE) to confirm your sick leave.

These benefits aim to offer financial support during the period of incapacitation, paid through the federal government’s employment insurance (EI) program and paying 55% of your salary for 15 weeks.

Regular communication with healthcare providers and adherence to the application process outlined by Service Canada, the agency managing EI benefits, are essential steps to ensure a smooth and timely application.

Anxiety Worker’s Compensation

Workers’ Compensation, also known as WorkSafeBC (WCB) in British Columbia, is a provincial program in Canada that provides compensation and support to workers who have been injured or developed a medical condition in the course of their employment.

While anxiety, including work-related stress or mental health conditions, may be eligible for compensation, it’s important to note that the criteria and processes can vary by province.

Here are some general points about anxiety and Workers’ Compensation:

1. Occupational Stress Claims: Some provinces may recognize occupational stress claims, including those related to anxiety, if the stress is a result of workplace conditions or events. However, proving a direct link between the workplace and the development of anxiety can be challenging.
2. Documenting the Connection: To qualify for Workers’ Compensation benefits due to anxiety, individuals typically need to demonstrate that their anxiety is a direct result of work-related factors. This often involves providing medical evidence and documentation to establish a connection between the workplace and the development of the condition.
3. Reporting Requirements: Reporting requirements and time limits for filing a claim may vary by province. It’s crucial to report workplace-related injuries or conditions promptly and adhere to the specified timelines to ensure eligibility for compensation.
4. Accessing Support Services: In addition to compensation, Workers’ Compensation programs may offer support services, such as rehabilitation and counseling, to help individuals manage and recover from work-related mental health conditions, including anxiety.
5. Consulting Healthcare Professionals: If you believe that your anxiety is a result of workplace conditions, it’s advisable to consult with healthcare professionals and seek legal advice. They can guide you on the steps to take, assist with documentation, and help navigate the Workers’ Compensation process.

If you need specific support for WCB, contact us today for advice.

VA disability for anxiety

If you’re a member or former member of the Canadian Forces, you may qualify for short or long-term disability benefits from Veterans Affairs Canada (VAC).

To make an anxiety VA claim, you must demonstrate that a “service-related injury” caused or exacerbated your anxiety. You’ll also need a doctor to confirm the connection between your anxiety and your military service.

You can apply for VAC disability either online or with a paper form. The VAC will review your service medical records and request additional information if necessary.

The VAC follows a familiar pattern for appealing denials: internal reconsideration, then the Veteran’s Review and Appeal Tribunal.

Provincial government assistance for anxiety Canada

In Canada, mental health support and assistance for anxiety are primarily provided through provincial health services, community mental health programs, and non-profit organizations. Each province has its own health system, and services may vary. However, here are some general points regarding provincial government assistance for anxiety in Canada:

Ontario: Ontario Disability Support Program (ODSP)

ODSP serves as a financial aid and benefits initiative designed to assist residents of Ontario who:

• Are 18 years or older
• Be an Ontario resident
• Have assets no greater than the limits set out by the program
• Have a disability
• Require support for covering their living costs

The administration of this program falls under the jurisdiction of the Ontario Ministry of Community and Social Services.

But, can you get ODSP for anxiety? Yes, you can!

For mental health conditions like anxiety, individuals must provide comprehensive medical documentation from healthcare professionals, such as doctors or psychiatrists, detailing the severity of the condition and its impact on their functioning. The medical evidence needs to demonstrate that the anxiety is a prolonged and substantial barrier to employment.

Those who are approved for ODSP will receive a monthly payment of up to $1,308 in 2024. The amount you receive depends on your living situation. Additionally, if you rent or own your home, your payment will include two parts: basic needs and shelter allowance.

Alberta: Assured Income for the Severely Handicapped (AISH)

The administration of Assured Income for the Severely Handicapped (AISH) falls under the jurisdiction of the Alberta government. To be eligible for this program, you need to meet several criteria:

• Be at least 18 years
• Not be old enough to qualify for Old Age Security pension benefits
• Reside in Alberta
• Hold Canadian citizenship or permanent residency status

Qualification hinges on your inability to work due to a permanent and disabling medical condition. Moreover, there are specific financial eligibility requirements, meaning your income and assets must not exceed a certain threshold.

Lastly, you may also be asked to apply for other assistance programs such as CPP-D, EI, or WCB.

Nova Scotia: Disability support program (DSP)

The Disability Support Program in Nova Scotia is a provincial initiative designed to offer assistance to individuals of all age groups, including children, youth, and adults, who are living with disabilities. This assistance is provided through both residential and at-home support programs.

To qualify for DSP, individuals must have one of the following disabilities:

• Intellectual disability
• Persistent mental illness
• Physical disability

Eligible participants receive monthly financial support tailored to their specific needs, covering expenses such as housing and personal costs. The amount is determined based on the program’s standard household rate and the composition of the household.

New Brunswick: Disability Support Program (DSP)

To be eligible for the DSP in New Brunswick, you need to meet specific criteria:

• Aged between 19 and 64
• Have a long-term disability
• Your disability needs to benefit from community involvement, specialized benefits, and other forms of support to enhance your quality of life

British Columbia: Disability Assistance

In British Columbia, Disability Assistance extends both financial aid and healthcare support to Persons with Disabilities (PWD).

To qualify, you need to meet specific criteria:

1. Be at least 18 years old.
2. Must have a severe physical or mental impairment expected to persist for more than two years.
3. Your capacity to carry out daily living activities should be significantly limited.
4. Must require assistance with daily living tasks, which can come from a person, assistive device, or animal

Unlike some other benefits, financial eligibility criteria are also taken into consideration, meaning your income and assets must fall within certain thresholds.

If you are already receiving CPP disability benefits, the application process becomes more straightforward.

Manitoba: Employment and Income Assistance Program (EIA)

The Employment and Income Assistance Program (EIA) offers financial assistance to residents of Manitoba who lack alternative means to sustain themselves or their families.

EIA extends support to individuals capable of employment by providing resources to facilitate their return to the workforce.

Additionally, EIA recipients receive assistance with their housing and utility expenses through Rent Assist if necessary.

To qualify for the EIA as a person with a disability, you must meet the following requirements:

• Live in Manitoba
• Be 18 years or older
• Have a disability that is likely to last more than 90 days, and this disability keeps you from earning enough money to pay for your or your family’s basic needs.
• You are in financial need

Saskatchewan Assured Income for Disability (SAID)

The Saskatchewan Assured Income for Disability program serves as an income support initiative tailored for individuals facing substantial and persistent disabilities.

SAID ensures these individuals have access to sustained financial assistance, enhances their options for services, and facilitates their active involvement in their community.

The program’s primary focus is on addressing the everyday living and disability-related requirements of participants, offering supplemental benefits tailored to each individual’s unique needs.

SAID benefits are individually determined and encompass various aspects, such as living expenses, disability-related support, and shelter costs, with no fixed maximum monthly benefit amount.

To qualify for the program, you must meet the following requirements:

• Be a Canadian citizen, permanent resident, or have refugee status or are in Canada under the Canada-Ukraine authorization for emergency travel
• Living in Saskatchewan
• 18 years or older
• Lack financial resources to provide for your basic needs
• Have a significant and enduring disability that is of a permanent nature, substantially impacts daily living activities, and results in a person requiring assistance in the form of an assistive device, assistance of another person, a service animal or other accommodation

PEI: AccessAbility Supports

Prince Edward Island’s AccessAbility Supports is designed to support Islanders living with disabilities.

To be eligible for the program, you must meet the following criteria:

• Be under the age of 65
• Be a resident of PEI
• Have a disability that is diagnosed by a verified professional
• Have unmet disability needs (i.e., respite, one-to-one worker, etc.)

Once you’re approved, the program will come up with a plan that will best support your needs. This plan can include a variety of supports, including but not limited to personal daily living support, housing support, community and caregiver support, financial aid, and more.

How can you get disability for anxiety?

Given that anxiety is predominantly an unseen health condition, physicians may face challenges in objectively confirming the severity of your symptoms. Obtaining approval for benefits might be difficult as a result. 

The gravity of your condition is known only to you, making it challenging for disability benefits providers to assess your claims without skepticism. There is a possibility that they may question the authenticity of your symptoms, suspecting potential exaggeration or misinformation to present a more debilitating situation than the reality. 

While many people with anxiety can effectively manage their symptoms and maintain employment, it becomes crucial for you to emphasize the distinctiveness of your case. Let’s explore strategies on how to effectively communicate and substantiate the unique challenges posed by your anxiety condition.

Appropriate medical diagnosis

While an official diagnosis alone is not enough, you still need to have one. It must meet the criteria for an anxiety disorder under the Diagnosis and Statistical Manual for Mental Disorders (DSM).

We sometimes see doctors call the condition “burnout” or “stress,” but these aren’t acceptable diagnoses for a disability claim.

Your doctor must show a detailed medical history, as well as the steps that were taken to rule out other possible conditions. Unfortunately, some doctors will give an anxiety diagnosis without following the right steps. When this happens, the insurance company will dispute the diagnosis or question the treatment.

Because anxiety often occurs with other medical conditions, such as chronic pain, fibromyalgia, anxiety, or chronic fatigue syndrome, having these other conditions diagnosed can help because it shifts the focus beyond anxiety.

Appropriate treatment

When considering your claim, the disability benefits providers will look to see if you received appropriate treatment. Not getting appropriate treatment is one of the most common reasons for denial.

Not getting proper treatment can happen for two reasons: either your doctor didn’t follow accepted standards for treatment, or you didn’t accept treatment. Even if you and your doctor believe that alternative methods may work better, you have to try the standard treatments to qualify for disability benefits. Otherwise, you leave the door open for someone to say that you could work if you had the right treatment.

Documented treatment plan

The lack of a well-documented treatment plan is another common reason for a denial of anxiety disability benefits. Your doctor may have a plan, but if it isn’t documented and communicated to the insurance company, then it’s the same as no plan. Insurance companies will never approve disability benefits for anxiety when there is no documented plan that follows best practices.

Sometimes, you can’t get appropriate treatment because you’re waiting for an appointment with a psychiatrist or psychologist. In these situations, you can still be approved for disability benefits if your doctor has a well-documented treatment plan. The plan should include the fact that you’re waiting for a consultation with other specialists. It must also show that you’re doing all other recommended treatments in the meantime.

Medications and side effects

Serious medications make a serious medical condition more believable. So, you must try all the recommended medications even if you fear the side effects.

If you’re not taking antidepressants, then the insurance company will think your symptoms aren’t serious enough to qualify for disability benefits. It’s common for doctors to have you try multiple medications and different dosages to find the right treatment. So, if you have a bad reaction to one medication, you can’t refuse the troubleshooting that follows. You have to try all other medications or change your dosage. 

If you have bad reactions to your medications, your medical records must report that in detail. And, if your doctor recommends against a medication, you need to have it documented that the side effects were worse than the condition. Again, you run the risk of denial if you stray from standard treatments without a good reason.

Evidence of work-related limitations

With an invisible illness like anxiety, disability benefit providers place great emphasis on how hard you try to stay at work.

The most common reason for a denial of benefits is “You didn’t try.” Unfortunately, this is also very difficult to beat.

So, you must go well beyond saying you can’t do your job. You need to show that you asked for help from your employer to stay at work. Such changes could include fewer hours, easier duties, or changing roles within the company. If your job is medium or heavy work, then you have to try an easier job with light or sedentary duties.

You need to give evidence to show how hard you tried to stay at work. This evidence can include

• Medical records discussing your work attempts
• Employment records that show places you tried to work and all accommodations made
• A written statement from you that details your work efforts
• Signed written statements from your employer or co-workers describing how they observed your struggle to work

If you give strong evidence that shows you tried your best to stay at work, then you have a good chance of winning benefits. On the other hand, if you have little evidence of your efforts or evidence that you made no effort, then you have no chance of approval.

Credibility

Medical and employment documents will give you some of the best support for your claim, but the decision-makers need to believe you, too. 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 you have weak evidence for your claim. And a decision-maker who doesn’t trust you won’t give you the benefit of the doubt in uncertain areas, even with good evidence. Being credible gives you an invisible edge that many people overlook.

Credibility killers:

• Contradicting medical records or earlier statements
• Making excuses or blaming others for problems
• Criticizing other parties in the claim (even if they deserve it)
• Filing complaints against professionals you see as negative, biased, or unprofessional
• Using aggressive, sarcastic, or confrontational tones in your claim or testimony
• Blocking or stalling reasonable requests for information
• Fighting with doctors over your diagnosis instead of focusing on the disability
• Acting like a medical expert

Credibility boosters:

• Making sure what you say matches the medical records
• Taking responsibility for bad facts or problems with your claim; not blaming others
• Being cooperative and respectful of everyone in the claim
• Accepting expert advice and opinions
• Making good faith efforts to try all reasonable advice, even if you disagree with it
• Obvious efforts to keep working

Reasons for denial of anxiety disability benefits in Canada

The following are the most common reasons an insurance company will deny disability benefits for anxiety.

Insufficient objective evidence of disability

Although insurers often cite “insufficient objective evidence of disability” to deny claims, this reason doesn’t work with anxiety. Modern medicine has yet to find objective evidence for anxiety.

If you receive this as a reason, you should address it in your appeal letter. Fortunately, objective evidence is not a requirement under plans and programs. 

Your letter should then focus on how your doctor followed best practices for diagnosis and treatment. Mention how you adhered to the recommended treatment faithfully. You should also emphasize all the things you’ve done to keep working. These aspects can make up for the lack of objective evidence. 

Incorrect treatment

If you got the right treatment, then you wouldn’t be disabled, right? This reason for denial shifts the blame to you or your doctor. It supposes either your doctor offered the wrong treatment or you refused the right treatment. This is the most common reason for the denial of disability benefits for anxiety.

The insurers look for examples of your doctor not following best practices. They want to make sure your doctor explores all options. This includes changing your dose or finding other medications to try. It’s especially bad if there’s evidence that you refused to take medications or stopped without your doctor’s advice.

If you refuse to attend cognitive behavioural treatment (CBT) or similar treatments, you might get denied disability benefits. This can happen if your doctor doesn’t recommend it when it would be appropriate to do so. It can also happen if CBT is recommended and you refuse to attend or drop out against your doctor’s advice.

Correct treatment, but no documentation

Insurance companies will deny many claims because of a lack of medical documentation. So, even if your doctor follows best practices and you follow their advice — if it isn’t recorded, it’s like it never happened. 

It’s common in cases of anxiety for the insurance company to ask for your doctor’s clinical records. They do this to see if the doctor is following best practices — adjusting medication and making appropriate recommendations. If the doctor’s medical file doesn’t document what’s happening, then the insurance company will deny your claim.

Toxic work environment

The insurer may deny your claim on the grounds you have a toxic work environment. The reasoning here is that you can’t work because of the environment. If these issues were resolved, you could return to work. Therefore, this is a human resources problem for your employer — not a situation where you would qualify for disability benefits.  

Your disability benefits cover you if you can’t do the duties of your job. This goes for any job — not just your current one. Therefore, if the insurer finds that a toxic work situation is the only reason you can’t work, then they can deny you. They will say that you can perform the duties of your occupation in general. In this case, the only barrier to employment is the environment.

Disability lawyers for anxiety insurance claim denial

Are you facing an insurance claim denial due to anxiety and searching for “disability lawyers near me“? Look no further.

Our dedicated team of disability lawyers focuses on handling cases like yours. We understand the challenges you’re facing and are ready to provide the legal support you need. Don’t let the denial stand in your way.

Contact our disability lawyers today, and let us navigate the complexities of your case. With our experience and commitment, we aim to help you secure the benefits you rightfully deserve. We serve clients across Canada!

We have offices in Toronto, Ottawa, Moncton, and Halifax, serving clients in all provinces except Quebec. Ninety percent of our services are provided online, with in-person visits available as required. For more information, check the pages below:

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