Applying for vision disability benefits in Canada is an uphill battle, especially because benefits providers sometimes do not recognize the seriousness of vision loss as a medical condition. This is because unless you suffer from total blindness, you may still seem fit to work and function properly in daily life.
Visual impairment is sometimes preventable and easily curable. However, if ignored, it could lead to a significant and permanent loss of vision. The disability can also lead to decreased productivity, which can cost the employer economically. So, seeking disability benefits is practical, even though it is not the easiest.
This article will discuss the unique challenges of applying for vision disability benefits in Canada and answer the question, “What is considered legally blind in Canada?” It will also provide tips and steps to take to ensure a well-deserved win.
Considered legally blind in Canada? You are not alone
Visual impairment is the loss of the ability to see to a certain degree. This can affect either visual acuity or the visual field. The former pertains to the clarity of vision in which perfect eyesight is usually referred to as 20/20 vision. The latter is the area of a person’s surroundings that can be seen, including central and peripheral vision. Individuals who exhibit a loss in one or both of these abilities are most likely suffering from a visual disorder.
Note that “blindness” is the term used for almost complete or complete vision loss. Although it is the most commonly accepted form of visual disability, other types of visual impairment also have disabling effects.
Were your vision disability beneifts or denied? Or do you need assistance with your application? If you answered yes, click on the button below to schedule a free case evaluation to see how our team of disability lawyers can assist you.
Common causes of vision loss
The following is a list of the most common reasons for vision loss.
Refractive error
A refractive error occurs when abnormalities in the eye make it unable to focus light correctly. It is the most common reason for the loss of visual acuity. There are different types of refractive errors, including myopia (short-sightedness), hyperopia (far-sightedness), presbyopia and astigmatism. These conditions are frequently hereditary or caused by environmental factors. People can often manage refractive errors with eyeglasses or contact lenses. However, in more severe cases, people may require refractive surgery.
Cataracts
Cataracts are another major cause of visual impairment. A cataract causes clouding in the eye’s lens, leading to poor vision. They are usually a natural occurrence as one age, but they could also be due to exposure to radiation or sunlight, trauma to the eye, genetics, medications, substance abuse and diabetes. In most cases, cataracts can be treated with eyeglasses or through surgery on the cloudy lens.
Glaucoma
Glaucoma is caused by pressure inside the eye, which damages the optic nerve and leads to loss of vision. The different types of glaucoma are open-angle glaucoma, closed-angle glaucoma, and normal-tension glaucoma. Those at risk for glaucoma usually have a family history of the condition, including high blood pressure, obesity, and migraines. Treatments for glaucoma include medication, laser, and surgery. These solutions are temporary, as a cure for glaucoma does not exist yet.
Age-related macular degeneration (ARMD)
ARMD affects over a million Canadians. This condition leads to blurry or lack of sight in the central field of vision. It occurs in mature individuals and progresses as one age. ARMD is the degeneration of the macula in the retina, which is responsible for clear and sharp central vision. There are two types of ADMR: wet (neovascular) and dry (non-neovascular). In wet ARMD, blood and fluids leak out of blood vessels behind the retina, causing damage to the retinal cells. On the other hand, dry ARMD manifests as deteriorating tissue that looks like yellow spots surrounding the macula. Treatments for macular degeneration involve slowing down the degenerative process through medication.
Diabetic Retinopathy
Diabetic retinopathy is the most common cause of blindness in working-age Canadian adults. The condition occurs when high blood sugar levels damage blood vessels in the retina. In its early stages, it might cause no or mild symptoms. However, if left untreated, it can lead to blindness. People who suffer from any kind of diabetes can get diabetic retinopathy, including people with type 1, type 2, and gestational diabetes.
Eye injuries
Eye injuries are common among people under 30 years of age. The injury could directly affect the eye itself or the optic nerve that sends signals from the eye to the brain. Injuries to the brain, specifically to the occipital lobe, hinder the brain from correctly interpreting signals from the optic nerve. This type of visual impairment is known as cortical blindness and can be caused by stress or fatigue.
Legal blindness in Canada & employment rights
Are there any visual disabilities Canada guidelines employers must follow? Many people worry about losing their jobs because of visual disabilities. As a general rule, employers can terminate employment as long as they provide proper notice and do not do so for discriminatory reasons.
However, most employers are unlikely to terminate employees who require sick leave due to visual disabilities. Under Canada’s human rights laws, employers have a responsibility to assist employees with medical conditions that affect their ability to work. Granting sick leave is a reasonable accommodation that employers should provide.
To take sick leave, you will need to present a doctor’s note confirming your inability to work and the need for leave. These notes will need to be provided regularly, typically every three to six months, to confirm ongoing inability to work.
If your application for sick leave is denied, you can remain on sick leave while you appeal. Most employers are generally accommodating if you have a doctor’s note.
If your employer attempts to terminate your employment while you are on sick leave, you may have legal entitlements to severance pay. It may even be possible to challenge the termination if it was motivated by your visual disability. However, these situations are complex, and it is advisable to seek legal advice.
For further information, please visit our page on disability and employment rights.
What eye problems qualify for disability in Canada?
In Canada, individuals must have a vision no better than 20/200 in their better eye to be eligible for a visual disorder diagnosis. This eye test outcome is already categorized by the World Health Organization as “severe.” The following are examples of eye conditions that may qualify for disability:
- Refractive error
- Cataracts
- Glaucoma
- Age-related macular degeneration (ARMD)
- Diabetic Retinopathy
- Eye injuries
This article is part of our series looking at medical conditions that qualify for Disability Tax Credit (DTC) as well as other disability benefits in Canada. For more specific information on each condition, check out the articles below:
Types of Vision Disability Benefits in Canada
In this section, we overview the private and government benefits for legally blind in Canada, including:
- Canada Pension Plan
- Long-term disability insurance benefits
- Short-term benefits
- Employment insurance (EI)
- Workers’ Compensation
- Veteran Affairs Canada
- Disability tax credit
CPP disability benefits for visual disorders
The Canada Pension Plan (CPP) serves as the retirement pension program administered by the Federal Government of Canada. It is compulsory for employers to deduct contributions from their employees’ salaries for the CPP. Beyond retirement benefits, the program also offers other benefits, including disability benefits for individuals who become disabled before reaching the retirement age of 60 or 65.
To qualify for CPP disability benefits, individuals must have recent contributions to the CPP, with payments made in four of the last six years or three of the last six years for those with at least 25 years of contributions. Additionally, the disability must be both “severe and prolonged.” A severe disability significantly hampers an individual’s ability to engage in any gainful occupation, while a prolonged disability denotes a long-term debilitating condition that may worsen and potentially lead to death if left untreated.
The onus of proof lies with the applicant. The CPP disability application must not only establish the existence of the disability but also demonstrate its severity and enduring nature. Service Canada, operating under the Department of Employment and Social Development, is responsible for reviewing and adjudicating applications for disability benefits.
Appeals for denials are addressed by the Social Security Tribunal. When pursuing approval for CPP disability benefits, claimants typically employ one of two approaches. The majority opt for the minimalist approach, which, while popular, often proves ineffective and leads to disappointment.
To enhance the likelihood of approval and minimize delays and denials, it is advisable to utilize the Blueprint Strategy. This approach maximizes success by presenting a compelling narrative and including pertinent documents and information in the application.
Want to learn more? Book a free consultation with one of our disability claim consultants to see how working with one of our experienced CPP lawyers can benefit you.
Long-term disability insurance benefits for visual disorders
Insurance-based disability plans represent another avenue of benefits available to Canadians, comprising two primary types of insurance policies. The first is the group insurance policy purchased by employers, often included as part of an employee benefits package. Conversely, individual insurance policies are more prevalent among self-employed professionals. These insurance policies typically safeguard individuals from the risk of losing their ability to work due to unforeseen disabilities.
Long term disability benefits come into play when a worker experiences sudden incapacity to work due to a disability. Eligibility for monthly income payments is established for extended periods of absence from work, with the payment structure outlined in the insurance policy. This structure may involve a specified monthly amount, a percentage of the employee’s monthly salary, or a combination thereof, with clear terms delineating the amount, maximum benefit period, and other relevant conditions.
Claiming disability benefits from insurance companies can prove more challenging compared to the Canada Pension Plan (CPP) due to the considerable resources private insurers allocate to scrutinizing claims. Moreover, approval from the CPP does not guarantee approval from insurance companies, even for genuinely disabled claimants.
Hence, it is imperative not to submit a “bare minimum claim.” Similar to claiming CPP disability benefits, providing only the essential information is likely to result in denial. Insurance companies routinely receive technically complete and legally sound applications. To enhance the chances of success, it is advisable to prepare a comprehensive and compelling claim that sets it apart from others.
Was your claim denied? Check out our article, denied long term disability help, for more information or book a free consultation to see how our team can assist you.
Short-term benefits for visual disorders
Short-term disability (STD) benefits represent another form of temporary financial assistance for disabilities. These benefits typically cover 50-67% of your regular salary and are usually available for a duration of 15-17 weeks, though sometimes they may extend beyond this timeframe. Payments are typically disbursed every two weeks.
Employers provide these benefits either directly through the company or via a group insurance policy, with the administration often outsourced to an external agency.
Eligibility for STD benefits is contingent upon having a plan through your employment, as not all employers offer this option. If your employer does not provide STD benefits, you may be eligible for Employment Insurance (EI) sickness benefits instead.
It’s important to note that if you qualify for short term disability in Canada, you will not be eligible for EI benefits. Therefore, if you are eligible for STD payments, you must apply for those instead of EI.
To apply for STD benefits, you must obtain the necessary forms from your employer or the insurance company. The application process typically involves completing three forms: one for yourself, one for your doctor, and one for your employer. It is your responsibility to ensure all forms are submitted to the insurer.
If your application is denied, you have the option to request a review, known as an internal appeal, within the company. You may have up to three or four internal appeals. If necessary, further appeals may involve external adjudication or court proceedings, depending on your circumstances. Check outreasons short-term disability can be denied for more information on the appeal process.
Our team of short term disability attorneys can assist you throughout the appeals process. Contact our disability support team today at (888) 480-9050 to schedule your free consultation.
EI Sickness for Visual Disorders
Employment Insurance (EI) sickness benefits serve as temporary disability benefits administered through the federal government’s employment insurance (EI) program. EI provides 55% of your salary for a period of 15 weeks.
To qualify for EI sickness benefits, recent contributions to the EI program are required, typically deducted automatically from your paycheck by your employer. Applications for EI benefits are submitted online through Service Canada, with the requirement for a medical form filled out by your doctor confirming your inability to work for the duration covered by EI. Additionally, your employer must issue a Record of Employment (ROE) to validate your sick leave.
It’s important to note that if you qualify for short-term disability benefits, you cannot concurrently claim EI benefits.
For more information on EI sickness benefits, please refer to our article on the EI sickness benefits program.
New Canada Disability Benefit
As of April 8, 2024, the Canada Disability Benefit (CDB) has yet to be released, with limited details available regarding eligibility criteria, application procedures, and appeals processes. While uncertainty remains regarding whether visual disorders will qualify for this benefit, it is likely that they will be considered.
To stay informed about the Canada Disability Benefit and prepare for its release, please explore our article: New Canada Disability Benefit.
Visual Disorders Worker’s Compensation
Workers’ Compensation Benefits Canada provides short- and long-term benefits to individuals injured in the workplace.
Each province operates its own program, with eligibility contingent upon sustaining a workplace injury and coverage by the employer, which may not be universal across all occupations.
Establishing that workplace conditions or events triggered or exacerbated visual disorders can be challenging but achievable. While historical practices limited mental health claims to single workplace incidents, recent policy changes, such as Ontario’s recognition of “chronic mental stress” caused by work, indicate evolving standards. Documentation from a medical professional supporting the link between workplace conditions and visual disorders is essential, with verification of events often sought from employers or coworkers by the workers’ compensation program.
It’s important to note that workers’ compensation benefits may overlap with EI, CPP, and short- and long-term disability benefits, necessitating legal advice to navigate potential complications.
In case of denial, following the appeal procedures specific to each province is essential, with internal reconsideration and, in many provinces, recourse to an external tribunal like the Workers Compensation Appeals Tribunal (WCAT).
VA Disability for Visual Disorders
Members or former members of the Canadian Forces may qualify for short- or long-term disability benefits from Veterans Affairs Canada (VAC).
Eligibility requires demonstrating that a “service-related injury” caused or exacerbated visual disorders, along with confirmation from a medical professional.
Applications for VA disability claims can be submitted online or via a paper form, with a review of service medical records and additional information requested by VAC.
Appeals for denials follow a familiar pattern, involving internal reconsideration and, if necessary, the Veteran’s Review and Appeal Tribunal.
Provincial Disability Benefits for Visual Disorders in Canada
Each province in Canada offers income support benefits to individuals unable to work due to disability, providing fixed payments for life if eligibility criteria are met.
Applications for provincial disability benefits are typically made through provincial agencies, with a medical report or certificate from a doctor required to support the inability to work due to visual disorders.
If a claim is denied, internal appeals within the agency or program are possible, with additional recourse to an external tribunal available in some provinces. It’s advisable to consult provincial guidelines for specific appeal procedures.
Ontario: Ontario Disability Support Program (ODSP)
The Ontario Disability Support Program (ODSP) provides financial assistance and benefits to Ontario residents aged 18 and older with disabilities, covering living expenses. The program is administered by the Ontario Ministry of Community and Social Services.
Approved ODSP recipients receive a monthly payment, which can vary based on housing status. Eligibility criteria include age, residency, asset limits, financial need, and meeting the program’s disability criteria.
Individuals with visual disorders can qualify for ODSP, as the program evaluates overall eligibility rather than specific medical conditions.
Alberta: Assured Income for the Severely Handicapped (AISH)
Alberta’s Assured Income for the Severely Handicapped (AISH) program provides financial assistance to residents aged 18 and above who are unable to work due to permanent and disabling medical conditions. Qualification depends on meeting specific eligibility criteria, including residency, citizenship, and financial need.
Nova Scotia: Disability Support Program (DSP)
Nova Scotia’s Disability Support Program (DSP) offers long-term disability benefits for individuals of all age groups facing intellectual, persistent mental illness, or physical disabilities. Financial assistance is provided based on specific needs, covering housing and personal expenses.
New Brunswick: Disability Support Program (DSP)
New Brunswick’s Disability Support Program assists residents with financial aid for disability-related expenses not covered by the public health system. Eligibility requires residency, age, and a long-term disability.
British Columbia: Disability Assistance (PWD)
British Columbia’s Disability Assistance program offers long-term disability benefits to residents aged 18 and older with severe physical or mental impairments affecting daily living activities. Financial eligibility criteria apply.
Manitoba: Employment and Income Assistance Program (EIA)
Manitoba’s Employment and Income Assistance Program (EIA) provides financial assistance to residents facing financial hardship, including individuals with disabilities unable to earn sufficient income. Eligibility criteria include residency, age, disability, and financial need.
Saskatchewan: Saskatchewan Assured Income for Disability (SAID)
The Saskatchewan Assured Income for Disability (SAID) program offers financial assistance tailored to individuals with substantial and persistent disabilities. Support covers living expenses and disability-related needs.
Prince Edward Island: AccessAbility Supports
Prince Edward Island’s AccessAbility Supports program assists Islanders with disabilities, providing financial support and resources based on individual needs. Eligibility criteria include age, residency, and a diagnosed disability.
Winning and Keeping Your Vision Disability Benefits Canada
You will still face challenges even after getting approved for vision disability benefits. It is very common for insurance companies to terminate benefits payments even before the agreed period. For some workers, this could occur within a month of receiving benefits.
Thus, it is important to take note of any accommodations that must be made in order to keep the insurance company satisfied. These conditions include continuing disability reviews like monthly update reports or joining rehabilitation programs. On the surface, these might seem like innocent standard procedures, but they also offer opportunities for insurance companies to find reasons to deny future benefits.
Claiming for benefits for any type of disability can be a long and demanding process, but winning is possible, especially when an application goes beyond doing the “bare minimum.”
The following are four simple –but effective– tips for winning disability benefits for a vision disability.
1. Get a medical diagnosis
In order to win benefits for a visual disorder you must have an official diagnosis. Without one, your chances of getting approved are next to none.
You should also get a diagnosis for any other conditions you suffer from. For instance, if you also have depression or anxiety as a result of the disorder, you should get diagnoses from those as well. These diagnoses will strengthen your overall claim.
2. Get appropriate treatment
In order to get approved for an insurance claim for loss of vision, you must actively participate in treatment and follow the advice of your doctor. However, it can’t just be any treatment; it must be a medically accepted treatment regime.
Even if you and your doctor favour alternative approaches, adhering to standard treatments is necessary to be eligible for disability benefits. Otherwise, you risk someone asserting that you could work with appropriate treatment.
3. Provide evidence of work-related limitations
With a visual disorder, it is very important to demonstrate not only how it prevents you from performing the essential duties of your occupation but also how hard you tried to stay in the workforce. “You didn’t try” is a very common reason for a denial, and it is incredibly hard to beat.
You must demonstrate more than just an inability to perform your job; you must illustrate that you sought assistance from your employer to remain employed. This may involve requesting reduced hours, lighter duties, or a transfer to a different position within the company.
If your current role involves medium or heavy work, attempting a lighter job with sedentary duties before resorting to disability is advisable. It’s crucial to gather evidence showcasing your earnest attempts to remain in the workforce. This evidence may comprise medical records documenting your endeavours, employment records outlining the workplaces you approached and any accommodations offered, a detailed written account from you describing your efforts, and signed statements from your employer or colleagues attesting to witnessing your struggles at work.
Substantial evidence demonstrating your diligent efforts to sustain employment significantly increases your likelihood of securing benefits. Conversely, inadequate evidence or a lack of effort documented may diminish your chances of approval.
4. Remain credible
Solid support for your claim can come from medical and employment documents, yet it’s equally vital that decision-makers view you as credible. In legal proceedings, credibility hinges on your trustworthiness and believability. A decision-maker who perceives you as trustworthy may lean in your favour, even with weaker evidence, while a lack of trust can lead them to doubt you despite compelling proof. Credibility grants you an unseen advantage, often underestimated by many.
The following is an overview of things that can boost and worsen your credibility:
Credibility killers encompass a variety of behaviours that can undermine your credibility in disability claims. These include contradicting medical records or earlier statements, making excuses or blaming others for problems, criticizing other parties involved in the claim even when they may deserve it, filing complaints against professionals perceived 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, and acting like a medical expert.
Conversely, credibility boosters involve behaviours that enhance your credibility. These include ensuring that what you say aligns with the information in the medical records, taking responsibility for errors or problems 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 try all reasonable advice even if you disagree with it, and making obvious efforts to keep working.
Insurance Claim Denial For Loss of Vision? 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.
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.
Why hire Resolute Legal for your legal blindness Canada claim
As the Founder and Managing Lawyer of Resolute Legal, I frequently encounter inquiries about what distinguishes our firm. While there are numerous factors that set us apart, including our fair guarantee and education-focused approach, one of our standout features is my background as a former occupational therapist turned full-time disability lawyer. Before pursuing law, I worked extensively in Canada and the United States as an occupational therapist. This firsthand experience heavily influenced my decision to establish Resolute Legal, as I aimed to assist individuals grappling with chronic conditions such as vision disorders.
If you seek representation from a disability lawyer who comprehends your condition and empathizes with the hurdles you’ve encountered, reach out to our disability support team today at (888) 480-9050 to initiate the process of reclaiming the benefits you deserve. Additionally, you can schedule a complimentary case evaluation. The dedicated team of experienced disability lawyers at Resolute Legal is committed to serving you!
We have helped thousands of people win benefits, including many of whom had visual disorders. For example, we had one client who had to stop working as a mail carrier because of vision problems. His claim was denied because the insurer argued he could work. We ended up winning the case by carefully orchestrating a narrative that made it impossible for the insurer to deny that he could work. This narrative included strong medical records, testimony from his co-workers and a transferable skills analysis that showed he was unable to work in “any occupation” for which he may reasonably become qualified.
With a success rate surpassing 94% across all types of claims (as of January 2024), we’re highly confident in our ability to assist you. Click on the button below to schedule a free consultation. Please note that past success does not guarantee future results, and litigation outcomes will vary according to the facts in individual cases.
We have offices in Toronto, Ottawa, Moncton and Halifax. However, we service clients in every province (excluding Quebec). We are able to do this because we offer 90 percent of our services online. We travel to you if any in-person proceedings are required. Check out the pages below to learn more:
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FAQs
What is legally blind in Canada?
To be considered legally blind in Canada, you must have 20/200 vision or less in your better eye with the use of glasses or contact lenses. This means you see what a person with normal vision would see from 60 metres away at a 6-metre distance.
What prescription is legally blind in Canada?
You must meet the 20/200 visual acuity criterion in the better eye with corrective lenses to be considered legally blind. A legally blind prescription also demands documentation from an eye care professional, encompassing detailed examination results and assessments of the visual field or other relevant factors affecting vision.
My eyesight is weak, can I work in Canada?
You can work in Canada even if your eyesight is poor. Depending on your role, there are several workplace accommodations that could be made. However, certain fields such as a pilot or police officer may not allow for such accommodations. Talk to your potential or current employer to learn more.
