Applying for disability benefits for Irritable Bowel Syndrome (IBS) is sometimes your only chance at living a full and active life. Though IBS is a very common illness among Canadians, it is generally misunderstood as a simple gut problem. So, employers might not allow you any accommodations at work to help ease your pain.
This article will discuss how you can win disability benefits for Irritable Bowel Syndrome in Canada through techniques that are guaranteed to give you the best chances. It also answered the questions “Is IBS considered a disability?” and “Can you get disability for IBS? and overviews what benefits are available and how to apply for them.
Please feel free to contact us by clicking on the button below. Our team of skilled disability claim consultants is ready and eager to help you and can overview how our disability lawyers can assist you.
Disability from Irritable Bowel Syndrome: You are not alone
Canada has one of the world’s highest prevalences of IBS, with an estimated rate of 18 percent versus 11 percent globally. It is also believed that at least 30 percent of the population will be affected by the disorder at one point in their lives, usually between their 20s and 30s. Women are also more likely to suffer from IBS than men.
IBS can be identified by a set of symptoms, including abdominal pain, stomach cramps, and changes in bowel habits. It affects the digestive system, especially the large intestine. There are four types of IBS classified according to the occurrence of diarrhea, constipation, both, or neither.
They are termed as follows:
- diarrhea-predominant or IBS-D
- constipation-predominant or IBS-C
- alternating stool pattern or IBS-A
- pain-predominant
A fifth classification, known as postinfectious IBS or IBS-PI, is applied to cases where IBS developed after a period of infectious illness.
Living with IBS is difficult because of its unpredictable nature. It can strike at any time due to a range of triggers. As such, it is a debilitating condition that can severely impact the way you live. Thus, those who are suffering from IBS might also have poor emotional health.
There is no definite cure for IBS. The most you can do is follow your doctor’s advice regarding dietary restrictions, lifestyle changes, and medication that will help manage your symptoms. However, taking care of your well-being can be challenging when you are under a lot of pressure at work and worrying about other aspects of your life. Thus, applying for disability benefits is often your next practical and logical step.
Is IBS a disability in Canada?
Is Irritable Bowel Syndrome a disability? Yes, all disability benefits providers in Canada recognize IBS as a condition that can qualify a person for disability benefits. However, a diagnosis on its own will not qualify you. Providers pay benefits to people who prove their condition prevents them from working.
When reviewing claims for IBS, providers focus on the seriousness of your symptoms. They will consider the medical treatment you have had and future treatment plans. They look at how your symptoms affect your ability to work and how hard you tried to stay in the workforce.
Suffering from another condition along with IBS? Check out our other medical condition articles:
IBS and disability employment rights
In general, employers have the authority to terminate employment with proper notice and without discrimination. However, it’s uncommon for employers to dismiss employees on sick leave. According to Canadian human rights legislation, employers are obligated to assist employees dealing with medical conditions affecting their work, including granting sick leave as a reasonable accommodation.
If you have IBS and anticipate needing time off for treatment or symptom management, it’s crucial to engage in dialogue with your employer about necessary accommodations. Employers are legally required to accommodate employees with medical conditions such as IBS.
As per guidelines, a doctor’s note is necessary to initiate sick leave, confirming the inability to work and the need for leave. Such notes must be provided periodically, typically every three to six months, to maintain the leave’s validity.
In case of a denial, you can remain on sick leave during the appeal process. Most employers are cooperative, provided there’s a doctor’s endorsement.
Should your employer attempt termination while you’re on sick leave, you may have entitlements to severance pay and could potentially challenge the termination if it’s related to your medical condition. However, these scenarios are intricate, and seeking legal counsel is advisable.
Types of IBS disability benefits in Canada
Once you have decided to claim disability benefits for IBS, it is good to know what kinds of disability benefits are available to you, which include the following:
- CPP Disability Benefits
- Long-term disability benefits
- Short-term disability benefit
- Employment Insurance (EI) sickness benefits
- Workers Compensation
- Veterans Affairs Canada
- Provincial disability benefits
- Disability tax credit
CPP Disability Benefits for IBS
The Canada Pension Plan (CPP) is managed by Service Canada under the Department of Employment and Social Development. It is the Federal Government of Canada’s pension program, so your employer must deduct contributions from your salary. Aside from your retirement pension, you can also claim disability benefits through CPP disability so long as you are a recent contributor and became disabled before retirement age. It is also imperative that your IBS is considered “severe and prolonged.” You should be able to present evidence of this in your application, including any applicable medical documents.
Benefits from the CPP include monthly payments to you and your dependent children. This will allow you to leave work for a period of time to focus on your treatment and ease any financial burdens brought about by your condition.
The common mistake that most people make when submitting a CPP disability application is that they only do the “bare minimum.” This entails submitting all the required documents, filling out the forms, and following every prescription of Service Canada to a T. While it may already seem like you put a lot of hard work into your application, it is not enough. The secret to winning disability benefits is to go beyond doing the bare minimum.
How?
A good place to start is downloading our free book on winning CPP disability benefits. Click on the image below to get started.
While many people can win benefits on their own, some may require the help of an experienced CPP lawyer. If you feel that may be the case for you, we highly recommend scheduling a free consultation. We can discuss your case and let you know about the next steps.
Long term disability insurance benefits for IBS
Canadian workers are also likely to have disability insurance as part of their employee benefits. You should take a look at whether or not your policy includes long term disability benefits, which usually come in the form of employment insurance (EI), monthly payments, and paid sick leave. These types of benefits are often not available under short-term insurance plans that are cheaper.
You should also distinguish if your disability benefits were claimed through non-profit disability plans. This applies to those working for public sector organizations. This type of plan involves complex procedures and requires that you seek the help of a disability benefits lawyer.
For self-employed individuals, you will have to buy a policy from an insurance company yourself. You are not insured as part of a group, as is the case with employees of a company.
Regardless of what type of long-term insurance you have, you need to review the terms of your insurance policy to see if your disability from IBS falls under the prescribed definition of “disability.” Because IBS as a disability does not have any obvious physical manifestations, unlike blindness or paraplegia, the insurance officer reviewing your application might not find your situation grave enough to warrant any benefits. Sitting at your desk while you have stomach cramps might not seem that big of a deal to someone who does not fully understand what IBS is.
When trying to win disability insurance benefits, you should first comprehend how insurance companies could deny the claims of people who are truly struggling with their condition. Just like in claiming CPP benefits, it is best to go beyond doing the “bare minimum” and opt for our winning method instead. For more information, check out our article, denied long term disability help or download our free book on winning LTD claims.
Short term disability insurance for IBS
Short term disability in Canada offer temporary financial assistance for individuals unable to work due to IBS, covering at least 55 percent of average weekly earnings, up to $668 weekly. Lasting 15 to 17 weeks typically, extensions are possible. Employers administer STD either directly or via insurance, sometimes utilizing external agencies for management.
Eligibility hinges on workplace program availability; not all employers offer STD benefits. Without access, Employment Insurance (EI) sickness benefits may be sought. However, keep in mind that you can’t collect STD benefits and EI sickness. The application process involves obtaining forms from your employer or insurer, and then you typically must submit a personal form (written by you), a doctor’s form (written by your doctor) and an employer form (written by your employer).
Denied applications permit internal review or appeal, often several times, with final recourse to external adjudication or legal action. Reasons short-term disability can be denied include lack of medical evidence, incomplete forms, failure to meet disability criteria, or insufficient proof of inability to work.
Our short term disability attorneys lawyers offer assistance in navigating this process and advocating for your claim. Contact us for a free consultation.
Employment Insurance
Employment insurance (EI) sickness benefits can be vital for individuals with IBS facing short-term challenges. These benefits are intended to aid those who are unable to work due to illness, injury, or quarantine, including situations related to IBS.
To be eligible, recent contributions to the EI program are necessary. These contributions are typically deducted from your paycheck automatically. Therefore, if you receive an official paycheck, you have likely contributed to the EI program.
If approved, EI sickness benefits provide financial support by offering a percentage of the individual’s average insurable weekly earnings up to a maximum limit. For eligible individuals, EI covers 55 percent of their salary for a period of 15 weeks.
It’s crucial to understand that eligibility criteria and application procedures may vary. Individuals with IBS seeking these benefits, as well as parents applying on behalf of a child, should carefully review the requirements outlined by the Canada Employment Insurance Commission.
To apply for EI benefits, you can do so online through Service Canada or visit any Service Canada office in person. Your doctor will need to complete a form confirming your inability to work for the duration covered by EI. Additionally, your employer must issue a Record of Employment (ROE) to verify your sick leave.
Please be aware: If you are eligible for short-term disability benefits, you cannot simultaneously claim EI benefits.
Workers’ Compensation
In the context of Workers’ Compensation, coverage for conditions related to IBS would typically hinge on how the condition is connected to the workplace.
Workers’ Compensation Benefits Canada, also referred to as WorkSafe or WorkCover in certain areas, aim to offer financial aid and assistance to employees who sustain work-related injuries or illnesses, potentially resulting in compensation.
If an individual can demonstrate that their IBS or a related condition was aggravated by a workplace injury or illness, they may qualify for Workers’ Compensation benefits. For instance, if there is evidence that exposure to certain workplace factors has caused or exacerbated their IBS symptoms, a claim could be considered.
While the workplace may not directly impact IBS in the same way it could affect a physical injury like a broken leg, certain workplace conditions could potentially exacerbate issues such as social anxiety or disrupt routines, which could directly affect the individual’s ability to perform their job.
Proving that a workplace injury worsened symptoms of IBS can be extremely challenging, though it is not impossible.
Veteran Affairs Canada
If you’re a member or former member of the Canadian Forces, you may be eligible for short- or long-term benefits from Veterans Affairs Canada (VAC).
To qualify, you must demonstrate that a “service-related injury” caused or exacerbated your symptoms of Irritable Bowel Syndrome (IBS). You will also need a doctor to verify this.
To file an IBS VA claim, you can apply online or using a paper form. VAC will examine your service medical records and may request additional information if needed.
The appeal process for denied claims by VAC typically involves internal reconsideration followed by the Veteran’s Review and Appeal Tribunal, following a familiar pattern.
IBS VA rating
There isn’t a specific disability rating system for IBS within the Canadian VA like there is in the U.S. However, veterans who believe their condition is service-related can apply for disability benefits through the Canadian Veterans Disability Benefits program.
Under this program, disability benefits are determined based on the degree of impairment resulting from a service-related injury or illness. Each case is evaluated individually, and the degree of disability is assessed according to its impact on the veteran’s daily functioning and quality of life.
Provincial Disability Benefits
Each Canadian province provides income support benefits for individuals unable to work due to disability, offering fixed payments for life to those who qualify. Eligibility isn’t contingent on work history, but family income must typically fall below a specific threshold set by each province. This income requirement doesn’t affect other disability benefit approvals.
To apply, contact your local agency or program, and your doctor must confirm your inability to work. If denied, appeal options vary by province, with some allowing internal appeals and others involving external tribunals. Check your province’s procedures for details.
Disability Tax Credit
The Disability Tax Credit is a form of benefit aimed at reducing your taxable income. To be eligible, you must demonstrate a severe and prolonged impairment according to the program’s criteria. However, it’s important to note that this benefit has more stringent requirements compared to others.
To qualify for the IBS Disability Tax Credit, you must get a medical practitioner to certify that you have a severe and prolonged impairment in one of the categories, significant limitations in two or more categories, or receive therapy to support a vital function.
Qualifying for this credit may result in a refund of some of your previous taxes, depending on the timeline of your condition. To apply, you need to complete a T2201 form and submit it to Revenue Canada.
If your claim is denied by Revenue Canada, you have the option to request an internal appeal. Should this appeal prove unsuccessful, your next step would involve appealing to the Tax Court of Canada.
Disability for IBS and anxiety
Many people with IBS also struggle with anxiety. If you are affected by both conditions, we recommend trying to identify the primary condition. In other words, try to figure out what condition is the main roadblock to your ability to work.
For example, suppose you have IBS and anxiety. However, one day, your anxiety is magically cured. Would you be able to return to work? Or would you still need to be on disability benefits for IBS?
On the other hand, say your IBS is magically cured. Would you still need to be on benefits? If not, then focus your application on the IBS. You should still discuss the anxiety but keep the central point on IBS. It is very important to include other disabling conditions in your application as it will strengthen your claim.
To learn more about winning disability benefits for anxiety, check out our article: is anxiety a disability in Canada?
How to Win Disability Benefits for Irritable Bowel Syndrome in Canada
People with IBS 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 with Irritable Bowel Syndrome disability benefits.
How can I get disability for IBS? Read the section below to find out the steps you need to take to win disability for IBS.
Appropriate medical diagnosis and treatment
While an official medical diagnosis alone doesn’t guarantee benefits, it plays a crucial role in the process. Without a diagnosis, obtaining any form of disability benefits can be exceedingly challenging. Additionally, the absence of an official diagnosis can greatly hinder the establishment of IBS as the cause of your difficulties.
During the disability claim process, benefits providers will assess the treatment you’ve received for IBS and whether it aligns with accepted standards of care for the condition. Failure to receive appropriate treatment is a common reason for benefits denial.
The lack of proper treatment can occur for two reasons: either your doctor didn’t adhere to accepted treatment standards, or you declined to participate in the treatment plan. Even if you and your doctor believe alternative methods may be more effective, trying standard treatments is necessary to qualify for disability benefits. Otherwise, you risk someone suggesting that you could work if you had received the appropriate treatment.
Documented treatment plan
When you apply for disability benefits for IBS, you will need to show documentation of your current treatment plan. This includes your former treatment plans and how you intend to move forward with future treatment.
Insurance companies will never approve disability benefits for IBS without a well-documented treatment plan. 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.
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
Are you taking medication for your IBS or pursuing any other medically accepted treatment options? Medical treatment for IBS often means using appropriate medications to help limit symptoms. If you aren’t using medication to deal with your IBS symptoms, you may have trouble winning disability benefits.
Evidence of work-related limitations
In cases of invisible illnesses like IBS, disability benefits providers place significant emphasis on your efforts to remain employed.
Merely stating that you’re unable to perform your job is insufficient. You must demonstrate that you actively sought assistance from your employer to remain employed. This could involve requesting accommodations such as reduced hours, modified duties, or a change in roles within the company.
It’s essential to provide compelling evidence illustrating your diligent attempts to remain employed. This evidence may include:
- Medical records documenting your efforts to continue working
- Employment records detailing places of employment and any accommodations made
- A personal statement outlining your efforts to remain employed
- Signed statements from your employer or colleagues attesting to your struggles at work
Strong evidence demonstrating your earnest efforts to remain employed significantly increases your chances of receiving benefits. Conversely, a lack of evidence or evidence indicating minimal effort diminishes your likelihood of approval.
Credibility
Medical and employment documentation can provide strong support for your claim, but it’s equally important for decision-makers to perceive you as credible. In legal contexts, credibility relates to how trustworthy and believable a person is perceived to be.
A decision-maker who regards you as credible may rule in your favour, even if your evidence is weak. Conversely, a decision-maker who doubts your credibility may not extend the benefit of the doubt, even when presented with compelling evidence. Establishing credibility can provide you with an intangible advantage that is often underestimated.
Credibility killers:
- Discrepancies in medical records or previous statements
- Providing explanations or attributing blame to others for issues
- Critiquing other parties involved in the claim, regardless of justification
- Lodging complaints against professionals perceived as negative, biased, or unprofessional
- Employing aggressive, sarcastic, or confrontational language in your claim or testimony
- Resisting or delaying reasonable requests for information
- Engaging in disputes with healthcare professionals regarding diagnosis instead of addressing the disability
- Assuming the role of a medical expert
Credibility boosters:
- Ensuring consistency between your statements and the medical records
- Assuming accountability for unfavourable facts or issues in your claim without assigning blame to others
- Demonstrating cooperation and respect towards all involved parties in the claim
- Acknowledging and heeding expert advice and opinions
- Making sincere attempts to follow all reasonable advice, even if there are disagreements
- Demonstrating clear and evident efforts to remain employed
Challenges of Applying for Disability Benefits for Irritable Bowel Syndrome
The following are some of the main challenges people will face when applying for disability for Irritable Bowel Syndrome.
1. IBS on its own might not be enough
Though you might consider IBS to be your primary problem, it is still important to include other disabling conditions in your application. This will help strengthen your claim so that even if your history of IBS does not persuade the reviewing officer to grant you any benefits, your other conditions might. Illnesses that are often linked to IBS include anxiety, depression, fibromyalgia, and chronic pain.
2. There are arbitrary time limits on disability payments
Insurance companies can terminate your disability benefits without prior notice. This could come months or even weeks after your claim was approved. It is common practice in the industry, though it is highly unethical. The issue with this is that IBS is a lifelong illness with no absolute cure. When you seem completely fine, it could quickly flare up again. Your insurance company might look at your social media posts or ask for an update from your doctor and conclude that because your symptoms have disappeared, you must be “cured” of IBS. At that point, they can quickly stop giving your benefits even without notifying you or giving you a chance to explain.
3. Employers are expected to comply with unreasonable accommodations
Insurance companies believe that employers should adjust to accommodate their employees who are suffering from IBS. Some of these accommodations are unreasonable as they might be too expensive to implement, disrupt the normal flow of work, and contribute to the overall poor performance of the organization. While it could be reasonable to allow flexible working hours for an employee with IBS, it might be impractical to build a new restroom close to that worker’s area to shorten the time of any bathroom breaks. This puts you in a tough position trying to deal with the demands of your insurance company and employer.
Need assistance with your IBS disability benefits claim? Click on the button below to schedule a free consultation with one of our knowledgeable disability claim consultants.
Have you been denied disability benefits for Irritable Bowel Syndrome?
It is not unusual for people with legitimate disabilities to be denied disability benefits. You might think that you have done everything right, but the officers from these institutions are more than adept at looking for holes in your application or finding inexplicable reasons not to give you any benefits.
Service Canada is the agency responsible for approvals and rejections of CPP disability benefits claims. Once your application is rejected, you can take a look at the reasons why you were not approved and try for a reconsideration appeal. Claims that were rejected a second time can be appealed to the administrative law court of the Social Security Tribunal. Take note that our “winning claim” strategy can be used at any level of appeal.
It is also important to understand that even after you were approved for CPP benefits, your insurance company can still deny your claim for long-term insurance benefits. This is because insurance companies can dedicate a lot of time and resources to proving that you should not receive any benefits. After all, they are running businesses that thrive on profit, and any approved claim is a loss on their part.
Nonetheless, even if you receive rejection after rejection, there might still be hope for you. Perhaps you should consider a change of strategy if your current one is not working. This could include hiring an experienced disability lawyer.
Consider Resolute Legal for Your IBS Disability Claim
Here at Resolute Legal, we focus exclusively on disability claims, including long and short-term disability, CPP disability, workers’ compensation, the Disability Tax Credit, and wrongful terminations. With a success rate of over 94 percent across all claim types, we are confident we can help you.
Keep in mind, however, that past success does not guarantee future results, and litigation outcomes will vary according to the facts in individual cases.
Click on the button below to schedule a free case evaluation today.
Looking for an IBS lawyer near you? Resolute Legal services clients across Canada except Quebec and the Northwest Territories.
Service areas
Office locations
Next Step – Get Your Free Books
Start making better decisions today. Subscribe to our email newsletter to download free copies of our books on winning disability claims.
FAQs
What is the maximum disability rating for IBS?
There is no fixed maximum disability rating for Irritable Bowel Syndrome (IBS) within the Canadian Veterans Affairs system. Disability ratings are determined case by case, based on the severity of impairment caused by the condition and its impact on the individual’s daily functioning and quality of life.
Can IBS turn into Crohns?
Yes. According to a scientific article written by Alexander C. Ford, there is a trend among people with IBS who are later diagnosed with Chron’s disease or ulcerative colitis. This is compared to people without IBS symptoms. However, this is not the norm. Most people with IBS don’t develop Chron’s.
To learn more, check out ‘Overlap Between Irritable Bowel Syndrome and Inflammatory Bowel Disease.’
Is IBS considered a chronic illness?
Yes, IBS is acknowledged as a chronic condition, demanding continuous care due to its enduring presence. Patients often rely on enduring strategies to alleviate symptoms and preserve their well-being. Treatments commonly involve lifestyle adjustments, dietary modifications to avoid trigger foods, and sometimes prescription and/or over-the-counter medications.
How do I prove IBS for disability?
To secure disability benefits for Irritable Bowel Syndrome (IBS), individuals must undergo a meticulous process. This entails obtaining a medical diagnosis, adhering to treatment standards, documenting treatment plans, using prescribed medications, demonstrating work-related limitations, and maintaining credibility through consistent communication and cooperative behaviour throughout the claims procedure.
Can you work with irritable bowel syndrome?
Yes, many people with IBS can work. However, in some cases, workplace accommodations are required, such as allowing for more frequent bathroom breaks or allowing the employee to work from home during flare-ups. With that said, in severe cases, IBS can prevent a person from working altogether.
If that is the case, they may have to apply for disability benefits such as long or short-term disability, CPP disability, EI Sickness, provincial disability benefits, etc.
