In Canada, neck and cervical disorders are one of the leading causes of disability in the workplace. This is because a majority of workers experience neck pain either due to their occupation or from everyday movements like bending and lifting. However, since it is so prevalent, claims are often denied. We wrote this article to help you avoid that outcome. Keep reading to learn the secrets to winning disability benefits for neck and cervical disorders.
Disability from neck and cervical disorders: You are not alone
Neck and cervical disorders are not ordinary neck pains. They are usually attributed to cervical disc degeneration. The cervical vertebrae in the spine are made up of discs that act as shock absorbers for the body. These deteriorate over time, leading to compressed nerve roots between the discs. Because these nerves run through the spinal cord, you will feel weakness or numbness from your shoulders down to your arms and hands. This radiating pain is the main symptom of cervical radiculopathy, which is a condition that occurs when there is a pinched nerve in the neck or near the spine. Such disorders can also be linked to whiplash injuries, arthritis, meningitis, and some forms of cancer.
Treatment for neck and cervical disorders
Over-the-counter pain medicine is a common treatment for neck and cervical disorders. Your doctor can also prescribe painkillers that contain steroids or narcotics. A physical therapist will be able to relieve your pain and restore mobility through exercises and the manipulation of muscles. Surgery is an option if your disc disease has already become serious. The main procedure is a discectomy, which involves replacing a deteriorating disc with a new metal one.
What neck problems qualify for disability in Canada?
Any neck problem or condition can qualify for benefits — such as CPP disability and long-term disability — so long as it prevents you from working. So, it’s not about the diagnosis or condition; instead, the focus is on the seriousness of your symptoms and how they prevent you from working.
The following are some common examples of neck and cervical disorders that qualify for disability benefits:
- Cervical spondylosis is extremely common in older adults. In fact, more than 85% of people over the age of 60 are affected by it. The condition occurs when cartilage and vertebrae wear out over time, usually due to age-related wear and tear. Symptoms usually include pain and stiffness in the neck. However, many people don’t show any symptoms at all.
- A cervical herniated disc occurs when the gel-like center of a spinal disc ruptures. It may result in arm pain, numbness or tingling.
- Degenerative disc disease happens when discs between the vertebrae break down. Symptoms include neck and back pain, and in more severe cases, it can cause weakness, numbness, and hot shooting pains in the arms or legs.
- Cervical spinal stenosis is characterized by narrowing the spinal canal and/or the spinal nerve root passages in the neck. When this narrowing occurs, your spinal cord and/or nerves may become compressed and cause symptoms such as pain, numbness, tingling, and weakness in your neck, shoulders, and extremities.
- Cervical myelopathy occurs as a result of compression of the spinal cord in the neck. Symptoms may include problems with fine motor skills, pain or stiffness in the neck, balance issues, and difficulty walking.
- Cervical radiculopathy, also known as “pinched nerve,” occurs when a nerve in the neck is compressed or irritated. Symptoms can include muscle weakness, numbness, and pain in the shoulder and arms.
- Related reading: back pain disability in Canada
This article is part of our series looking at what conditions qualify for disability in Canada. To learn more about what other conditions may qualify, check out the links below:
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Employment rights and neck pain disability
Most employers and benefits providers misunderstand the impact of neck and cervical disease on a person’s ability to work. This is especially true if you work in a sedentary position. Anyone suffering from the condition will find sitting for a long time painful. There is also a loss of control over arm movements, which makes it difficult to write or type on a computer.
If your condition has progressed to this level, then it is sensible to apply for disability benefits as your ability to perform work has become restricted. Continuing to work might also aggravate your disorder and cause further damage. It is important to present evidence that you are unable to perform tasks that are crucial to your occupation and that it would be impossible for you to find any other type of work in the long term.
Under Canadian law, employers cannot legally terminate an employee due to disability, including neck disorders, as it constitutes a protected ground of discrimination. Employers are required to fulfill their duty to accommodate the employee’s disability unless doing so would result in undue hardship. This accommodation might involve modifying the work environment or adjusting job duties to enable the employee to continue performing effectively.
However, termination can still occur under specific conditions. Employers can terminate employment with reasonable notice or pay in lieu of notice, as mandated by provincial employment standards legislation or common law. The duration of notice or severance pay depends on factors such as the length of employment and any contractual agreements in place.
Moreover, termination for “just cause” is permissible, typically in cases of employee misconduct, such as theft or insubordination. The employer must clearly demonstrate the grounds for just cause.
Additionally, termination may occur if the employment contract is deemed frustrated by unforeseen events, such as the employee becoming permanently unable to perform essential job duties due to illness or disability. In such situations, the doctrine of frustration releases both parties from their contractual obligations. The applicability of this doctrine may be influenced by the foreseeability of the event and the presence of long-term disability benefits in the employment contract.
In conclusion, while termination is possible under certain circumstances, employers must ensure compliance with employment standards legislation and human rights laws. This includes providing reasonable notice or severance pay and avoiding discrimination against employees with disabilities.
Types of disability benefits for neck disorders
There are two main sources of disability benefits for Canadian workers with neck and cervical disorders: the Canada Pension Plan and Long-Term Disability Insurance Benefits.
CPP disability benefits for neck and cervical disorders
The Canadian government mandates that employers are required to deduct Canada Pension Plan (CPP) contributions from the salary of their employees. The CPP is a retirement pension, but unknown to many employees, other benefits are also payable under the plan, including survivor, post-retirement, and disability benefits.
The last type begins when an individual becomes disabled before the retirement age of 60 or 65 years old. Anyone who has “a severe and prolonged disability” and is considered a recent contributor to the CPP can qualify for benefits. The CPP administration defines a “recent contributor” as someone who has contributed to the CPP in four of the last six years or three of the last six years if he or she has contributed for at least 25 years.
There are two types of disability benefits under the CPP. One goes to the disabled worker. While the other goes to their children. Those who are approved for CPP disability benefits would receive taxable monthly CPP disability payments.
For more information on winning CPP disability, check out how hard is it to get CPP disability?
Have questions about your CPP claim? Do you want to work with one of our CPP lawyers? Click on the button below to schedule a free consultation.
Long-term disability for neck pain and cervical disorders
Another common type of disability benefits plan in Canada is an insurance-based disability plan. Insurance protects individuals from the risk of accidentally losing the ability to earn income. As such, many workers have group disability insurance policies as part of their employee benefits packages. This means that member employees were insured as part of a group with a common sponsor, usually an employer, professional organization, union or bank. The sponsor buys the policy from an insurance company for the benefit of the group’s members. The coverage can be short-term or long-term, depending on the benefits.
There are also individual disability policies sold to professionals or self-employed business people. These are bought directly from an insurance broker, and the coverage continues as long as the monthly premiums are paid.
For long-term disability benefits, the employee can become eligible for monthly income payments during long absences from work. These payments are computed as a percentage of the worker’s salary, a specific monthly amount, or a combination of the two. These amounts are specified in the insurance policy, along with the maximum period of time that the benefits will be received.
See how to apply for long-term disability in Canada for more information on the application process.
Other disability benefits for neck disorders
The following is a breakdown of other disability benefits you may qualify for.
Short-term disability
Short-term disability (STD) in Canada provides income protection if you become ill or injured and need to take time off work. Coverage is available through employer-sponsored group benefits or private insurance plans. Typically, you receive between 60% and 70% of your salary, depending on your specific plan. For exact payment details, consult your benefits booklet or contact your plan administrator.
Claiming STD Benefits:
1. You become ill or injured.
2. Apply for STD benefits and any other relevant benefits.
3. Your application is approved or denied.
4. If denied, you can appeal the decision.
5. If approved, you receive weekly benefits until you recover or the benefits are exhausted. See how long is short term disability in Canada for more information on how long coverage lasts.
6. If still unable to work after STD benefits end, apply for long-term disability benefits or other available benefits.
Employers can offer STD insurance to provide income protection for employees during short-term work absences. Verify your specific coverage, as not all plans include STD insurance. Review your STD benefit booklet to understand your plan’s requirements.
For more information on denials and legal assistance, look into reasons short-term disability can be denied and short term disability lawyer.
Employment Insurance (EI)
EI sickness benefits provide temporary income replacement for individuals unable to work due to injury or illness, administered by the federal government through the Employment Insurance program.
Eligibility Criteria:
- Your income must be reduced by at least 40% due to illness or disability.
- You must be employed by a qualified employer.
- You must have accumulated 600 hours of insurable employment.
Approved applicants receive 55% of their average insurable weekly earnings, up to a maximum of $638 per week, for up to 15 weeks.
Workers compensation
Workers’ compensation benefits are available to Canadians who have sustained a workplace injury or illness. Each province and territory has its own workers’ compensation board (e.g., WSIB in Ontario) managing these benefits.
Eligibility criteria for workers’ compensation benefits in Canada:
- You must be employed by a covered employer.
- Your injury or illness must be work-related.
Eligible individuals receive disability income payments until age 65 and possibly longer. Additional benefits may include coverage for healthcare and equipment expenses and compensation for pain and suffering.
Disability tax credit
The Disability Tax Credit (DTC) is a non-refundable tax credit that reduces the income tax burden for individuals with impairments and their supporting family members. Introduced in 1988 by the Canadian Government and the Canada Revenue Agency (CRA), the DTC helps cover additional expenses due to severe and prolonged impairments.
Eligible individuals can receive the base amount or the base plus a supplemental amount for those under 18. The DTC can also be back-filed for up to 10 years if not previously claimed.
The credit includes contributions from both federal and provincial sources, with provincial amounts varying. The DTC also provides access to other programs, such as the Registered Disability Savings Plan (RDSP).
Eligibility Requirements:
- A medical practitioner must certify a severe and prolonged impairment causing marked restrictions in one category, significant limitations in two or more categories, or requiring therapy to support a vital function.
- You must be a Canadian citizen or permanent resident.
Eligibility Categories:
- Walking
- Mental functions
- Dressing
- Feeding
- Eliminating (bowel or bladder functions)
- Hearing
- Speaking
- Vision
- Life-sustaining therapy
- The cumulative effect of significant limitations
The application process involves completing the T2201 form and the Disability Tax Credit Certificate, which requires detailed information about the applicant’s condition and certification from a medical professional. These forms are then submitted to the CRA for review.
If the initial claim is denied, applicants can request an internal review. If the review is unsuccessful, they can appeal the decision to the Tax Court of Canada.
Provincial support benefits
Here are some examples of provincial government assistance programs for neck disorders in Canada:
- Ontario Disability Support Program (ODSP)
- Alberta Assured Income for the Severely Handicapped (AISH)
- Saskatchewan Assured Income for Disability (SAID) Program
- Nova Scotia Persons with Disabilities Benefit
- Newfoundland and Labrador Income Support Program
Eligibility criteria and benefits vary, so check with the specific provincial government for detailed information.
Veterans Affairs Canada
Veterans may be eligible for either short-term or long-term disability benefits if they can demonstrate that their condition is a “service-related injury” or that their military service substantially worsened their neck disorder.
A key step involves obtaining confirmation from a healthcare provider, such as a doctor, who can attest to the link between the veteran’s service and their condition.
To initiate a claim for Veterans Affairs Canada (VAC) disability benefits, individuals can apply online through the VAC website or by submitting a paper application. Upon receiving an application, VAC will review the applicant’s service medical records and may request additional information to thoroughly assess the claim.
If an application is initially denied, VAC offers a structured appeals process. This begins with an internal reconsideration request, where veterans can submit new or additional information for review.
Should the claim be denied a second time, veterans can escalate their case to the Veterans Review and Appeal Tribunal, an independent body providing a final avenue of appeal within the VAC system.
How to win disability benefits for neck and cervical disorders
Applying for disability benefits from the CPP or insurance companies is a long and difficult process. There are also challenges that are unique to claims due to neck and cervical disorders. That is why it is crucial to recognize the nature of your condition and the way benefits providers think.
1. Provide objective evidence and medical test results
In order to diagnose your neck disorder, your doctor will need to take a look at your medical history. You can help your physician with this by keeping a journal that details the occurrence and type of neck pains you experience, along with other symptoms related to your condition. However, your own records are not enough. This data should be reflected in your doctor’s medical records to be admissible as evidence in a benefits claim. It should also be backed up by medical test results.
The following are some of the common tests used to diagnose neck and cervical conditions:
- A neurological exam tests arm movement, strength, and reflexes to determine if there is an abnormality in the nervous system.
- A nerve conduction study (NCS)/ nerve conduction velocity test is used to measure the speed of conduction of an electrical charge through a nerve to find out if it is damaged.
- Pain injections, though often considered as treatment, can also be used in diagnosis to locate the source of pain. These include discography, medial blocks, and selective nerve root blocks.
- An x-ray will be able to show any degeneration, fractures, or infection in the bones of the cervical spine.
- Computer-assisted tomography (CAT scans) are more intensive than X-rays and can show the soft tissues between the cervical discs.
- Magnetic Resonance Imaging (MRI) can show any abnormalities in the discs, soft tissues, and nerves. Sometimes, this test is enough to diagnose neck and cervical disorders definitively.
2. Credibility is key
It is your responsibility to prove that you are suffering from a disability that is making it difficult to earn income. Simply asserting that you have a chronic stiff neck will not suffice, especially when the tests above do not show conclusive results. Such a case will be a challenge to win since your credibility becomes the key issue.
You must understand that insurance providers can dedicate a lot of resources, time, and money to deny a claim. For instance, it is not uncommon for them to secretly hire private investigators to record you in everyday life. In addition, they may monitor your social media accounts. Be aware of any photos, posts or comments that might give rise to suspicion.
3. Get the appropriate treatment and document it
Benefits providers will present you with the terms of their agreement to approve your claim. This varies between companies, but they usually include medical recommendations you must follow to continue receiving benefits payments. It might involve a certain number of physical therapy sessions or prescribed treatments to prevent further disc degeneration. You must show that you are trying to get better and return to work as soon as possible.
Companies might ask for regular reports from their doctor or conduct follow-up calls. You should comply with any requests. This is because once the insurance company suspects you are misrepresenting your claim or not following medical orders, they could terminate your benefits without prior notice.
4. Evidence of work-related limitations
You will also want to record all the ways in which you have modified your work habits in order to maintain employment while dealing with neck disorders.
You should try easier jobs within your workplace before you apply. Until you do, the disability benefits providers will always doubt you. You might show that while your job had medium duties on paper, your employer made accommodations to qualify your duties as light.
If you were forced to change jobs as a result of your condition, make a note of that, too.
Denied disability benefits for neck and cervical disorders: What you can do
So, you’ve filled out all the forms and submitted as much evidence as you can find. Then, a few weeks later, you receive a rejection letter denying you the right to disability benefits. This means that you must go back to work despite greatly suffering from your condition.
This is devastating news and only adds to the pain that your disorder is already causing you. Fortunately, you don’t have to simply accept the rejection and bear your burdens for the rest of your life. You can still appeal the decision of either Service Canada or your insurance company.
Download our books if you want to learn about your options after a denial, and check out our article: long-term disability denied.
Still feeling unsure about your disability claim? Sometimes, a quick call with us can answer your concerns and help you move forward with confidence. Call us now at (888) 480-9050 for a free consultation, or click here to schedule online.
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FAQs
Is cervical spinal stenosis a disability in Canada?
Yes, all disability benefit providers recognize cervical spinal stenosis as a disability in Canada. However, a diagnosis on its own isn’t enough. In order to get approved for programs such as CPP disability and long-term disability, you must demonstrate that your condition stops you from working.
Is straightening of the cervical lordosis a disability?
Yes, straightening of the cervical lordosis is a disbaility that can qualify for disability benefits. However, a diagnosis doesn’t automatically qualify you. To get approved you must show the seriosuness of your symptoms and make sure you meet all the necessary qualifying criteria for the program in question.
Can you get disability for cervical spondylosis?
Yes, you can receive disability benefit payments for cervical spondylosis. In fact, many people on disability benefits suffer from cervical conditions. However, in order to get approved for many programs, such as CPP disability and long-term disability, you must show that the condition prevents you from working.
Is cervical radiculopathy a disability?
Yes, cervical radiculopathy is recognized as a disability. However, if you want to win disability payments, you must go far beyond proving that you have the condition. You must also show how your symptoms prevent you from working. This can be difficult, but it will improve your chances of success.
