Updated: 2025-09
You may look fine to the outside world, but inside, you’re living with pain, fatigue, or symptoms that make working impossible. For many people in Vancouver and across BC, invisible illnesses such as fibromyalgia, depression, chronic fatigue syndrome, PTSD, or autoimmune conditions are life-changing. Yet when it comes time to file a long-term disability (LTD) claim, insurers often treat these conditions with deep skepticism.
The reality is this: invisible illness LTD claims are denied more often than almost any other type of claim. Insurers argue there isn’t “enough objective evidence.” They send claimants to doctors who barely listen, scour their social media accounts, and seize on any gap in treatment as proof that the illness isn’t “serious.”
But here’s the truth that claimants need to hear: Canadian courts have recognized that invisible illnesses are real, valid, and disabling. In fact, in the landmark case Fidler v. Sun Life (2006), the Supreme Court of Canada held that conditions such as fibromyalgia and chronic fatigue syndrome can support LTD claims even without an MRI or blood test.
In this blog, I’ll walk you through:
If your LTD claim has been denied, know this: your pain is valid, your story matters, and you are not alone. I’ve spent decades helping people in Vancouver and across BC fight back against unfair denials. And in this guide, I’ll share strategies that have helped my clients move from rejection to approval — and regain the peace of mind they deserve.
Download our free Invisible Illness LTD Checklist (PDF) to get started or reach out today to speak with me directly about your situation at (604) 732-7678.
When most people think about disability, they picture visible injuries — a broken leg, a wheelchair, or a serious surgery. But some of the most disabling conditions are the ones you can’t see. These are called invisible illnesses.
Invisible illnesses include:
What makes these illnesses “invisible” is that they don’t always show up on scans, X-rays, or blood tests. You can look fine to co-workers or friends yet be struggling every moment to get through the day. This disconnect between appearance and lived reality is one of the biggest reasons insurers challenge LTD claims.
Living with an invisible illness in British Columbia comes with unique challenges:
For many people, these illnesses don’t just make working difficult — they make it impossible. Yet proving that reality to an insurance company takes strategy, persistence, and often legal support.
If your condition is mental health–related, read our dedicated guide: Mental Health and Long-Term Disability in BC
And for broader resources, visit Disability Alliance BC — a respected advocacy group that supports people with disabilities across the province.
It’s frustrating and disheartening to be told your illness isn’t “real enough” to qualify for long-term disability. Unfortunately, invisible illness claims are among the most frequently denied in BC.
Here are the most common reasons and how the law views them:
Insurers often argue that because conditions like fibromyalgia, chronic fatigue, or depression don’t show up on MRIs or blood tests, they can’t be proven.
But the Supreme Court of Canada disagrees. In Fidler v. Sun Life (2006 SCC 30), the Court ruled that chronic fatigue syndrome and fibromyalgia are real and disabling, even without objective lab results. What matters is credible medical evidence, consistent patient reporting, and third-party observations.
If your claim has been denied on this basis, know that the highest court in Canada has already recognized invisible illnesses as legitimate.
Under BC Regulation 409/97, claimants have just 4 weeks from the onset of disability to notify their insurer. Missing this window can give insurers an excuse to deny benefits — even if the illness is genuine.
That’s why it’s critical to seek legal help as soon as your condition prevents you from working. Acting quickly preserves your rights.
It’s common for insurers to hire investigators or scan your Facebook and Instagram profiles. A single photo of you at a family event can be twisted to suggest you’re “healthy enough to work.”
Courts know that surveillance provides only a snapshot, not the full reality of an illness. But insurers use it aggressively. Be mindful of what you share online, and don’t let an investigator’s tactics intimidate you.
Insurers may argue that if you’ve missed appointments or stopped medication, you’re not truly disabled. In reality, many people with invisible illnesses struggle with side effects, access issues, or burnout from endless treatment cycles.
BC courts often accept reasonable explanations — especially when documented — for why treatment isn’t consistent. Having a lawyer present your case helps ensure insurers don’t exploit these gaps unfairly.
Many LTD policies contain clauses excluding conditions linked to previous health issues. Insurers sometimes misuse this, claiming your invisible illness “already existed.”
But the law recognizes that a condition can worsen significantly over time and still qualify for benefits. Legal strategies can overcome these exclusions.
Q: Why are LTD claims for invisible illnesses often denied in BC?
A: Because insurers say there’s no “objective proof,” or they use tactics like strict deadlines, surveillance, or pre-existing condition clauses. But Canadian courts, including the Supreme Court in Fidler v. Sun Life, have recognized that invisible illnesses are real and disabling.
The good news is that invisible illness claims can be won — if the right evidence is gathered and presented properly. Courts in BC and across Canada have made it clear: your experience matters, even if your illness doesn’t show up on a lab test.
Here are the most important types of evidence that can turn a denial into an approval:
Specialist reports from rheumatologists, psychologists, or chronic pain clinics carry weight. Even if there’s no MRI result, a well-documented medical report describing your limitations is powerful.
A Functional Capacity Evaluation (FCE) can also provide objective measurements of what you can and cannot do. These tests measure endurance, strength, and ability to perform work-like tasks. For many invisible illness claimants, FCEs are decisive.
Keeping a daily record of your pain levels, fatigue, and activity limitations shows insurers and courts how your illness affects your real life. A simple journal can illustrate the unpredictability of conditions like fibromyalgia or chronic fatigue syndrome.
Letters or testimony from family members, co-workers, or caregivers provide crucial outside perspective. They confirm that your limitations are real and visible to those closest to you. Courts often accept this “lay evidence” as reliable when medical tests fall short.
Together, these rulings establish that invisible illnesses are not only real but also legally valid grounds for LTD benefits.
Being denied LTD benefits doesn’t have to be the end of the story. In fact, many people in BC win their claims after appeal — but only if they act quickly and strategically. Here’s how to fight back:
Start by asking for the insurer’s decision in writing. This forces them to clearly state their reasons, whether it’s “lack of objective evidence,” missed deadlines, or surveillance. Having their rationale documented sets the foundation for your appeal.
Review what the insurer says is “lacking,” then fill the gaps. That could mean:
This isn’t about proving your worthiness but rather it’s about creating a record that even an insurer can’t ignore.
Most LTD policies allow an internal appeal. While this step can be worthwhile, you should also prepare for the possibility that the insurer won’t change its decision. Keep copies of all correspondence, timelines, and evidence so you’re ready to escalate if needed.
If the insurer refuses to reverse its denial, that’s when legal action becomes necessary. Having a lawyer with experience in invisible illness claims can make the difference between years of stress and a fair resolution.
I’ve represented countless Vancouver and BC residents who were told “there’s no proof” of their disability. The reality? With the right evidence and legal guidance, many of those same clients went on to win their LTD benefits.
Q: Do I need objective proof to win an LTD claim in BC?
A: No. In Fidler v. Sun Life (2006), the Supreme Court of Canada recognized that invisible illnesses like fibromyalgia and chronic fatigue can support LTD claims even without “objective tests.”
Yes. Canadian courts, including the Supreme Court of Canada in Fidler v. Sun Life (2006), have confirmed that conditions like fibromyalgia, chronic fatigue, and depression can be disabling even without “objective” tests. With strong medical reports and legal support, these claims can succeed.
It can. Insurers often hire investigators or monitor Facebook and Instagram accounts for any photos or posts they can twist against you. A single image of you smiling at a wedding may be used to argue you aren’t disabled — even if it doesn’t reflect your daily reality. Courts know this evidence is limited, but it’s still best to be careful about what you share.
Not every illness shows up on a scan or test. That doesn’t mean it isn’t real. Courts accept symptom journals, third-party statements, and specialist assessments as valid forms of proof. Lay evidence from people who know you well can be just as powerful as lab results.
The earlier, the better. Having a lawyer involved at the start of your claim or right after a denial ensures deadlines are met, evidence is gathered properly, and insurers are held accountable. I’ve seen many claims succeed because the right steps were taken early.
If your LTD claim has been denied, download our Invisible Illness LTD Checklist (PDF) or contact Tim Louis & Company today for guidance.
Living with an invisible illness is hard enough. Fighting with an insurance company shouldn’t add to your burden. The truth is clear: Canadian courts, including the Supreme Court of Canada, have recognized that conditions like fibromyalgia, chronic fatigue, and depression are real, disabling, and valid grounds for LTD benefits.
If your claim has been denied, don’t give up hope. With the right evidence, persistence, and legal support, many people in Vancouver and across BC have successfully turned their LTD denials into approvals.
At Tim Louis & Company, we’ve been helping clients for decades to win LTD claims and regain the stability they deserve. I understand how overwhelming this process can feel, and I’m here to guide you every step of the way.
Take the first step today:
“Tim treated me with compassion and respect when no one else believed my invisible illness was real. With his help, I finally received my LTD benefits. I’ll always be grateful.”
“Why do I feel watched?” LTD Surveillance in BC — What’s legal, what’s not, and how to protect yourself By Tim Louis, Long-Term Disability Lawyer, Vancouver If you’re on long-term disability and you’ve caught yourself glancing at a parked car a little too long, you’re not overreacting. Feeling watched can
Henson Trusts for Disabled Beneficiaries in BC – Insights from Estate Lawyer Tim Louis By Estate Lawyer Tim Louis If you have a loved one living with a disability, estate planning must balance compassion with legal precision. Families often worry about how to leave an inheritance without putting vital disability
(604) 732-7678
www.timlouislaw.com
2526 West 5th Ave,
Vancouver, BC V6K 1T1
ABOUT VANCOUVER, BC BASED LAW FIRM SPECIALIZING IN LONG-TERM DISABILITY, PERSONAL INJURY, EMPLOYMENT LAW AND ESTATE LITIGATION.
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.
Estate Litigation & Wills | Long-Term Disability Claims | Personal Injury
Employment Law | Wills & Estate Planning | Probate Administration
Experienced. Trusted. Results-Driven. Protecting Your Rights in Vancouver.
⚖️ Over 40 Years of Legal Advocacy – Fighting for Justice in BC
📞 Call Now: (604) 732-7678
📧 Email: timlouis@timlouislaw.com
📍 Visit Us: 2526 West 5th Ave, Vancouver, BC
💼 Schedule a Consultation: Click Here →
Don’t Wait. Your Rights Matter. Get Expert Legal Help Today.
By Tim Louis