Crohn’s Disease Disability Benefits in Canada

Are the long-term symptoms of Crohn’s Disease preventing you from doing your job? Are you wondering how to win Crohn’s Disease disability benefits in Canada? Do you want answers to the following questions: is Crohn’s disease a disability in Canada? Does Crohn’s disease qualify for disability in Canada? If so, you came to the right place!

Whether you have already started applying for long-term disability (LTD) benefits or are considering beginning the process, you likely know that winning disability benefits is a real challenge that requires thorough preparation. Despite being a visible illness, Crohn’s disease still demands diligent preparation to secure the benefits you deserve. Winning these benefits can alleviate significant financial burdens.

As a former occupational therapist and current disability benefits lawyer, I can help you navigate the bureaucratic complexities and prepare for the LTD application process. If you are suffering from Crohn’s disease in Canada, I can assist you in taking the necessary steps to secure the support you’re entitled to.

This article will cover important reminders during your diagnosis and treatment, types of disability benefits you might qualify for, specific challenges in preparing your claim for Crohn’s disease, and final thoughts on approaching the overall process, including handling claim denials.

Firstly, is Crohn’s disease a disability in Canada?

Yes, Chron’s disease is considered a disability in Canada, and it is a condition that can qualify for disability payments. Chron’s can be highly disabling. In fact, in extreme cases, it can prevent a person from working. If that is the case, you may qualify for CPP disability or LTD.

We will discuss the eligibility criteria for these beneifts and review tips for success later in this article. 

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:

Documenting Your Diagnosis of Crohn’s Disease

Your Crohn’s disease has inflamed your digestive tract’s lining, leading to some or all of the following: abdominal pain, severe diarrhea, fatigue, weight loss and malnutrition. Inflammation varies from person to person. You may already be in serious pain, but the condition can worsen when the disease spreads to the affected bowel tissue’s deeper layers. On top of the pain and debilitation, Crohn’s disease can bring on life-threatening complications.

With no known cure, Crohn’s disease can be very tricky to manage. Heredity and a malfunctioning immune system are likely contributing causes, so warding off the disease, to begin with, is rare. Once developed, treatment can be difficult. Common treatments for Crohn’s disease can include immunosuppressives, antibiotics, antidiarrheal, or corticosteroids. Recent research has also shown that Stem cell therapy may also be a viable treatment option for those suffering from Crohn’s. While therapies can reduce symptoms and bring on long-term remission, there are no guarantees. Even though treatments allow many people with Crohn’s disease to function well, for you, the disease may be debilitating and prevent you from working. In this case, gaining a firm diagnosis is the beginning of the process of securing long-term disability benefits.

You may already know you have Crohn’s disease, but scanning the following symptoms will ensure you approach the diagnosis or documentation process as thoroughly as possible. Diarrhea and intensified intestinal cramping can also lead to loose stools. Inflammation or infection often yields low-grade fever and fatigue. Abdominal pain and cramping can stem from inflammation and ulceration; nausea and vomiting may result. Blood, either bright red or darker, mixed with the stool is another symptom. Mouth sores, reduced appetite, and perianal disease also signify Crohn’s disease. Additional symptoms include inflammation of the skin, eyes, joints, liver, or bile ducts. Delayed growth or sexual development in children is also a symptom.

You should go to your doctor when major lasting changes occur in your bowel habits. These include abdominal pain, blood in your stool, ongoing diarrhea that is unaffected by over-the-counter drugs, or unexplained fever or weight loss.

A successful doctor’s diagnosis of Crohn’s Disease is no guarantee your disability claims will also be successful, but it is a great start. Be gradual and diligent in gaining your diagnosis. The clinical signs of Crohn’s disease must be well documented in your medical records as you approach the claims process.

It can be very difficult to secure a diagnosis, get acknowledgment from your employer, or understand from family and friends. But once you are properly diagnosed with Crohn’s disease, you’ve taken a critical step toward winning your disability benefits. The next step is preparing a successful disability insurance claim. You’ve spent a long time-fighting chronic pain and meeting with perhaps multiple doctors to gain the diagnosis—now it’s time to get the financial help you deserve.

You could be up against insurance companies willing to confuse your illness to avoid paying the benefits you paid for. Before I share details about insurance claims specifically related to Crohn’s disease, you should be aware of which disability benefits you qualify for in general.

Ready to work with one of Resolute Legal’s experienced disability lawyers? Click on the button below to schedule a free consultation. Our lawyers have helped several clients win disability claims involving Crohn’s disease. Book your consultation today!

Crohn’s disease & employment rights

In 2024, individuals living with Crohn’s disease remain protected under Canadian employment law. This means that employers are generally not permitted to terminate employment due to an employee’s medical condition, provided it is confirmed by a doctor’s note and is not discriminatory in nature.

Under human rights legislation in Canada, employers must make reasonable accommodations for employees with medical conditions that impact their work capabilities, including granting sick leave. If you have such a condition and are terminated or discriminated against, you may have grounds to file a legal case for severance pay or even have the termination overturned.

Regarding Crohn’s disease as a permanent disability, it is critical for both employees and employers to understand the provisions surrounding such long-term conditions.

For any individual whose working abilities are compromised by Crohn’s disease on a long-term basis, there exists the potential to be categorized as having a permanent disability.

This recognition can lead to eligibility for specific benefits and protections, ensuring that those affected can maintain their livelihood without fear of unjust termination or discrimination.

Which Crohn’s Disease Disability Benefits in Canada Do I Qualify For?

In this section, we will overview the different benefits you may be eligible for.

CPP disability benefits for Crohn’s disease

The CPP, designed to support you after retirement, also covers disability benefits that start once you become disabled and last until you are 65. After that, these disability benefits are converted into regular pensions. In order to be eligible for the CPP disability benefits, you have to have worked for four out of the past six years and paid payroll taxes. In addition, the CPP requires you to prove that your disability is both prolonged and severe, leaving you unable to work.

You apply for CPP disability by filling out the forms. Your doctor or nurse practitioner will have to fill out the medical report. Then, you send your application to a designated Service Canada office for your province.

If Service Canada denies your CPP disability application, you can appeal on two levels. The first is a reconsideration appeal. You must request a reconsideration appeal within 90 days of denial. If denied again, you must appeal to the Social Security Tribunal within 90 days as well.

Once you appeal to 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 application gets denied, we recommend consulting with a CPP lawyer. They can advise you on next steps and come up with a strategy that best suits your indivdual circumstances. Our lawyers at Resolute Legal have helped thousands of people win CPP disability benefits. Click on the button below to scheudle your free consulation today. 

Long-term disability insurance benefits for Crohn’s

Group disability insurance policies are Canada’s most common type of disability insurance. If your employer has insured you as part of a group, you are receiving your disability insurance through your job. These group disability insurance policies provide both long-term and short-term disability benefits. If you are suffering from Crohn’s disease, you can apply for long term disability benefits if eligible. If successful, these will provide you with monthly income payments during long absences from work to ease the financial pressure weighing you down.

You apply for LTD by filling out forms and sending them to the insurer. You will probably have to complete three forms. There will be one for you, your employer (if applicable), and your doctor. Again, it’s on you to get those forms back in. You will not get a decision until the insurer receives all the forms.

If your application gets denied, your LTD plan may allow two to three internal appeals. If those fail, you will have an appeal hearing with an outside arbitrator or judge.

To learn more about what to do after a denial, see denied long term disability help or click on the button below to schedule a free consulation with our experienced team. We can answer your questions, provide information on next steps and of course overview the process of working with our long term disability lawyers. 

Employment Insurance (EI) sickness benefits

EI sickness benefits are temporary disability benefits paid through the federal government’s employment insurance (EI) program. EI pays 55% of your salary for 15 weeks. As of January 1, 2022, the maximum amount you can receive in a year is $60,300. This means you can receive a maximum amount of $638 per week. 

To qualify, you must have recently paid into the EI program. You pay through deductions from your paycheque. These deductions are automatic. So, if you got an official paycheque, you paid into the EI program.

You apply for EI benefits online through Service Canada, from home or at any Service Canada office. You also need your doctor to fill out a form that confirms your inability to work for 15 weeks. Finally, your employer has to issue a Record of Employment (ROE) to verify your sick leave.

Short-term disability (STD) benefits

Short term disability in Canada is 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 weekly.

Employers offer these benefits through the company or a group insurance policy. In both cases, employers hire an outside agency to run the program for them.

You only qualify if your employer has one of these plans. Not all jobs offer this option. You may be eligible for EI sickness benefits if your job doesn’t offer STD benefits.

You apply by getting the forms from your employer or the right insurance company. The application will include three forms. There is one for you, one for your doctor, and one for your employer. It’s your job to get all the forms filled and back to the insurer.

If your application gets denied, you can ask for an appeal. First, someone else in the company reviews your claim. This is called an internal appeal. You may have multiple of these appeals — up to three or four. If you aren’t successful with the internal appeals, you may have to appeal outside of the company. Your options will depend on your situation. You may have to go to an arbitrator or judge. See reasons short-term disability can be denied, for more information on what to do after a denial.

Interested in working with our short term disability attorneys? Click on the button below to schedule a free consultation.

Workers Compensation 

Workers’ compensation benefits Canada pays short- and long-term benefits to injured people.

Each province has its own compensation program. To qualify, you must suffer a workplace injury or illness and work for a covered employer. That’s right; not all employers have coverage.

It’s possible to prove a workplace injury caused or worsened your Crohn’s disease.

To succeed in this claim, you need a medical doctor to support your belief that your condition was caused or exacerbated by a workplace injury or illness.

Workers’ compensation payments can overlap with EI, CPP, and short- and long-term disability. You should seek legal advice for any concerns about payments. Depending on your province, you may keep some (or all) of your CPP disability and the workers’ compensation.

If workers’ compensation denies your claim, you should 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).

Provincial income support benefits

Each province in Canada pays income support benefits to people who can’t work because of disability. If you qualify, you can receive fixed payments for life.

You can qualify for provincial benefits even if you’ve never worked. However, they only apply if your family income exceeds a certain amount. This amount differs from province to province. Keep in mind family income doesn’t affect the approval process for other types of disability benefits. 

You apply for provincial disability benefits with your local agency or program. As usual, your doctor will need to provide a report or certificate confirming you cannot work because of your medical condition.

For denials, you can appeal internally within the agency or program. In some provinces, you can also appeal to an outside tribunal for a final decision. Check with your province for the proper procedures.

Crohn’s disease disability tax credit in Canada

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. However, this benefit has a higher standard than the others.

Qualifying for this credit can get some of your previous taxes refunded — depending on your condition’s timeline. You apply by filling out a T2201 form and sending it to Revenue Canada.

If Revenue Canada 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.

How to Win Crohn’s Disease Disability Benefits in Canada

People with Crohn’s disease have to work extra hard to prove they need and deserve disability benefits. Here are some key things to do throughout the claims process to improve your chances of success of winning Crohn’s disease disability Canada.

Appropriate medical diagnosis and treatment

An official medical diagnosis alone won’t guarantee benefits, but it is an essential part of the process. Without a diagnosis, obtaining any type of disability benefits becomes extremely difficult. Additionally, lacking an official diagnosis makes it challenging to prove that Crohn’s disease is the cause of your difficulties.

During the disability claim process, benefits providers will assess whether the treatment you have received for Crohn’s disease meets accepted medical standards. Failure to receive appropriate treatment is a common reason for benefits denial.

There are two main reasons for not receiving proper treatment: either your doctor did not adhere to accepted treatment standards, or you refused to follow the treatment plan. Even if you and your doctor believe alternative methods might be more effective, you must first try the standard treatments to qualify for disability benefits. Otherwise, it leaves room for someone to argue that you could work if you had received the correct treatment.

Documented treatment plan

When applying for disability benefits for Crohn’s disease, you must provide documentation of your current treatment plan, including past treatment plans and your future treatment intentions.

Without a thoroughly documented treatment plan, insurance companies will not approve disability benefits for Crohn’s disease. Even if your doctor has a plan, it must be documented and communicated to the insurance company to be considered valid.

If you are unable to receive appropriate treatment because you are waiting for an appointment with a specialist, you can still be approved for disability benefits. Your doctor’s treatment plan should include the fact that you are waiting for a specialist consultation and must also show that you are following all other recommended treatments in the meantime.

Medications and side effects

Are you taking medication for your Crohn’s disease or pursuing any other medically accepted treatment options? Medical treatment for Crohn’s disease often means using appropriate medications to help limit symptoms. If you aren’t using medication to deal with your Crohn’s disease symptoms, you may have trouble winning disability benefits. 

Evidence of work-related limitations

When dealing with Crohn’s disease, disability benefits providers closely examine your attempts to continue working.

It’s not enough to say you can’t do your job; you must show that you sought help from your employer to keep working. This can include requesting reduced hours, lighter duties, or different roles within the company.

You need to provide evidence of your efforts to stay employed, which can include:

• Medical records detailing your attempts to work
• Employment records showing your work history and any accommodations made
• A personal statement outlining your work efforts
• Signed statements from your employer or co-workers describing your struggle to work

Strong evidence of your efforts to remain employed greatly improves your chances of receiving benefits. Without sufficient evidence of your efforts, your chances of approval are low.

Credibility

Medical and employment documents provide strong support for your claim, but decision-makers also need to believe you. In legal settings, credibility refers to your trustworthiness and believability.

A decision-maker who finds you credible may rule in your favour, even with weak evidence. Conversely, if they don’t trust you, they may not support your claim, even with strong evidence. Credibility provides a significant advantage that many overlook.

Credibility killers:

• Contradicting medical records or previous statements
• Making excuses or blaming others for issues
• Criticizing other parties involved in the claim, even if justified
• Filing complaints against professionals you view as negative, biased, or unprofessional
• Using aggressive, sarcastic, or confrontational tones in your claim or testimony
• Blocking or stalling reasonable requests for information
• Arguing with doctors over your diagnosis instead of focusing on the disability
• Acting like a medical expert

Credibility boosters:

• Ensuring your statements match medical records
• Taking responsibility for any issues with your claim rather than blaming others
• Being cooperative and respectful to everyone involved in the claim
• Accepting expert advice and opinions
• Making good faith efforts to follow all reasonable advice, even if you disagree
• Demonstrating obvious efforts to keep working

By maintaining credibility, you enhance your chances of a favourable ruling in your disability claim.

What To Do If Your Disability Benefits for Crohn’s Disease are Denied

You’ve completed the paperwork and gathered all possible evidence, yet the letter arrives politely denying your disability benefits, effectively pushing you back into work.

This is a difficult moment, one I’ve witnessed countless times with my clients. It’s confusing and disheartening not knowing where things went wrong, and a denial can feel like an unjust setback.

Being informed that your condition doesn’t qualify for financial support, which could provide much-needed relief to focus on recovery, adds to the frustration and humiliation of coping with chronic pain. The prospect of returning to work under such circumstances can have profound consequences for both your physical and mental well-being.

The encouraging news is that you don’t have to accept this decision as final. You have the right to appeal the insurance company’s ruling. With years of experience handling disability claims, including those involving Crohn’s disease, I understand the challenges. It’s regrettable that insurance companies often lack a full understanding of conditions like Crohn’s disease, but we can work to change that. I empathize with your situation and am confident that I can assist you. You have options.

You do not have to let insurance companies get away with denying you the support you are entitled to by law. Book a free consultation today by calling us at (866) 841-7617.

Our offices are in Toronto, Ottawa, Moncton, and Halifax, and we provide services to clients in every province except Quebec. Most of our services, about 90%, are online, and we will come to you for any in-person requirements. Check out the pages below to learn more:

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