By Tim Louis
Nearly four in ten long-term disability (LTD) claims in Canada are for mental health conditions — yet many are denied before they even begin. That figure comes from Sun Life, and it mirrors what I’ve seen in my own practice here in British Columbia.
For more than forty years, I’ve been helping people in BC fight for their LTD benefits. Over that time, I’ve met with clients in their homes, in hospital rooms, and across the table in our Vancouver office. I know the legal side inside out, but I also understand how difficult it is to translate the reality of living with a mental health condition into “acceptable” evidence for an insurance company.
By keeping consistent, thorough records from your doctors and counsellors, making sure they align with how your policy defines disability, and working with someone who has years of experience handling these appeals.
I often explain to clients that a mental health LTD claim is like building a bridge. One side is your lived experience. The other is the kind of proof an insurer will accept. My role is to help you construct that bridge so it’s strong enough to carry your story all the way across.
Across Canada, mental health is now the single largest driver of long-term disability claims. Sun Life’s data puts it at close to 40% of all LTD cases. The Mental Health Commission of Canada echoes that figure, pointing to a steady rise over the last decade.
In British Columbia, the picture is the same — whether you’re in Vancouver, Surrey, Burnaby, or Kelowna, the reality is that mental health conditions are taking more people out of the workforce than any other illness or injury. The list is long: depression, anxiety disorders, PTSD, bipolar disorder, chronic stress, burnout. While the symptoms vary, the result is often the same — the need for time away from work to recover, coupled with the challenge of getting benefits approved.
In my own work, I’ve seen the shift firsthand. Fifteen or twenty years ago, most LTD claims I handled involved physical injuries or illnesses. Now, it’s not unusual for my caseload to be half — or more — mental health related. That change hasn’t been matched by a change in insurer attitudes. Many still want the kind of evidence that fits a physical condition, not the more complex, often less visible nature of a mental health diagnosis.
If you or someone you know is facing this, it’s worth knowing your rights. The BC Human Rights Tribunal has clear guidance on mental health and disability protections. And if your condition falls into what’s sometimes called an invisible illness, I’ve written more about how these cases work in LTD for Invisible Illnesses in BC.
When I look at denied claims for mental health conditions in BC, the same patterns keep showing up. The language in the letters may vary, but the reasons are remarkably consistent:
Each of these hurdles is frustrating, but none of them is final. The key is to treat every denial reason as a puzzle with an answer — and to make sure the answer is supported by both your medical team and the law.
Winning a mental health LTD claim isn’t about flooding the insurer with paperwork. It’s about sending the right documents, in the right way, and making sure they tell a clear, consistent story.
Here’s a core documentation checklist that forms the backbone of a strong claim:
Insider tip: Insurers value steady, consistent treatment notes far more than generic “fit to work” letters. If your care provider updates their notes regularly, those records become one of your most persuasive tools.
Mental health conditions may not show up on an X-ray, but with the right documentation, you can build an evidence base that’s every bit as strong as for a physical injury.
Q: What documents do I need for a mental health LTD claim in BC?
A: Reports from your mental health specialists, functional assessments, a detailed symptom journal, and statements from your workplace — all kept consistent over time.
A denial letter can knock the wind out of you, but it doesn’t have to be the end of your claim. In BC, you have the right to challenge that decision — and in many cases, a strong appeal can turn things around.
Here’s the step-by-step approach I recommend:
A denial is not the end — it’s the insurer’s opening move.
Q: Can you appeal a mental health LTD denial in BC?
A: Yes. With the right evidence and legal strategy, many denied claims can be overturned through an appeal.
When it comes to mental health LTD claims, the right legal support can make the difference between a flat denial and a fair outcome. Over more than four decades of practice, I’ve worked on hundreds of disability cases across Metro Vancouver and throughout BC. Each one is different — but the patterns in how insurers handle mental health claims are easy to spot when you’ve been at this long enough.
A client came to me after being denied LTD for depression. The insurer claimed there wasn’t enough “objective” evidence. We gathered updated reports from their psychiatrist, detailed treatment notes from their counsellor, and a functional capacity evaluation. We also addressed gaps in their therapy record by explaining the legitimate reasons behind them. Within three months of submitting the appeal, the insurer reversed their decision and approved full benefits.
The truth is, insurers aren’t always wrong — but they are always thorough, and you need to be just as thorough in return. That’s where an experienced lawyer adds value: knowing what evidence to prioritize, how to present it, and when to push back.
Contact Tim Louis for a free, no-obligation consultation to discuss your mental health LTD claim. With the right plan, your case can move from uncertainty to resolution.
If you’re dealing with a mental health LTD claim — or thinking about filing one — you don’t have to figure it out alone. The right information and a clear plan can make the process less overwhelming and far more effective.
📞 Phone: (604) 732-7678
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Serving clients across Metro Vancouver and all of BC, we’re here to make sure your voice — and your evidence — is impossible to ignore.
“Tim Louis is not only an outstanding lawyer, but a compassionate and understanding human being. He handled my disability claim with expertise and empathy, and I felt supported every step of the way.” — R.M., Vancouver
“Tim and his team went above and beyond to ensure my LTD benefits were approved. They treated me like a person, not a case number, and I’ll always be grateful.” — J.L., Surrey
British Columbia Long-Term Disability Law LTD Benefits Cut Off After a Functional Capacity Evaluation? What to Review Before You Respond By Vancouver Long-Term Disability Lawyer Tim Louis General legal information only. Not legal advice. An FCE can make it feel as though an LTD claim has been reduced to a
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Insights into Long Term Disability for Anxiety and Depression by Tim Louis
A claim for long term disability benefits may be made if you are disabled from work as a result of Anxiety or Depression. Both of these conditions can result in an inability to work. Many of my long term disability clients ask me what is the difference between Anxiety and Depression.
Both Anxiety and Depression are types of mood disorders. Neither is necessarily disabling in the sense that if not severe, the individual may find that they are able to continue to work with either or both of these conditions.
However, both of these types of mood disorders can render an individual unable to work.
Anxiety can create feelings of worry, nervousness, or dread. Depression causes feelings of sadness, hopelessness, and reduced energy.
Although these two conditions are different, an individual can have both at the same time. In fact, depression and anxiety often occur together. Roughly 60% of people with anxiety also have symptoms of depression, and vice versa. The conditions themselves can also amplify the symptoms of the other, causing the symptoms to worsen or last longer.
Common questions clients of mine suffering from anxiety and/or depression ask me are:
Is long term depression and/or anxiety a disability?
The answer is yes. The federal government has long recognized these conditions as disabilities. Long term disability insurance companies also recognize these conditions as potentially disabling. However, a mere diagnosis does not in and of itself qualify you for long term disability benefits. Your condition must be so severe that it prevents you from working.
Can depression cause permanent disability?
Unfortunately, the answer is yes. Sometimes, although luckily rarely, depression can be so long term and extreme that it is permanently disabling. In this case, an individual will never be able to go back to work. Your medical team will be just able to let you know whether or not your depression is likely to be treatable or is permanent.
If you are suffering from depression and/or anxiety to the extent that it is preventing you from working, then in order to make a successful claim for long term disability for depression and anxiety, you should make every effort to bring your family doctor up to speed. They would need to know how your mood disorder is affecting your ability to work.
An example of how depression could affect your life could be an inability to get out of bed due to your depressed mood and fatigue forcing you to call in sick. Your symptoms might cause other problems such as inability to focus, concentrate, or pay attention during meetings or phone calls. Lack of interest in things you once enjoyed due to low energy and feelings of hopelessness can make even the most mundane tasks seem like mountains to climb.
On the other hand, with anxiety, it can affect your life in a completely different manner. You might feel so anxious that you feel physically ill, making you unable to go in to work. You might have panic attacks due to immense feelings of worry and fear. You could have social anxiety, meaning that social interactions themselves can cause you great stress and fear. There are many types of anxiety disorders, and each of them can impact your life in different ways.
Both of these mood disorders can put your life, career, and relationships in disarray.
It is also very important that you are aware of the fact that you are not eligible for long term disability benefits if your mood disorder is caused by the unique workplace environment of your current job. If a change of employers would likely leave you now no longer disabled, but rather able to work, then you do not have a valid claim for long term disability for anxiety and depression. It is for this reason that your application for long term disability benefits should not suggest that the root cause of your mood disorder is your work environment.
Making a claim for long term disability benefits is relatively easy. Your employer will provide you with the form that needs to be filled out. One of these forms, the Attending Physician Statement, will need to be completed by your family doctor. If you are seeing a specialist such as a psychiatrist for treatment, you may consider having the specialist complete the Attending Physician Statement.
If you have been denied long term disability benefits and do suffer from depression and/or anxiety, contact me immediately for a no-fee consultation. 778-855-3494.
Anxiety, depression, loneliness at highest levels among Canadians since early pandemic: survey
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At the law firm of Tim Louis and Company, we are committed to helping people through difficult times. Starting with a free consultation, we help people who need it most to get the compensation they deserve. Our practice includes Long-Term Disability, Personal Injury, Employment Law and Estate Litigation. With over four decades of experience, Tim Louis has helped people across British Columbia get legal help when they need it most.
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By Tim Louis