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
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Living with an invisible illness in British Columbia—like fibromyalgia, PTSD, or chronic fatigue—can be overwhelming, especially when your long-term disability (LTD) claim is denied. Many insurers wrongly dismiss these conditions due to a lack of visible proof. But under BC law, your rights matter. Tim Louis, a disability lawyer with 40+ years of experience, helps clients build strong claims with medical evidence, daily journals, and legal strategy. Whether you’re filing or appealing an LTD denial, this guide outlines key steps, legal protections, and why working with an experienced advocate can help you win the benefits you deserve.
By Tim Louis
Not every disability can be seen—and that’s often where the challenges begin.
If you live with a condition like fibromyalgia, depression, chronic fatigue syndrome, or PTSD, you already know how real and life-altering it can be. But because these conditions don’t show up on an X-ray or cast a visible shadow, they’re often misunderstood—not only by the public but, more importantly, by insurance companies.
In the world of long-term disability (LTD) claims, these are called “invisible illnesses.” They can affect every part of your life—your energy, your memory, your ability to concentrate or work—but they often get dismissed as “not serious enough” or “not medically proven.” That couldn’t be further from the truth.
Over the years, I’ve spoken with countless individuals in British Columbia who feel defeated—not only by their illness, but by a system that refuses to recognize it. Many clients come to me after their LTD claim has been denied, often with little explanation beyond a vague statement like “insufficient medical evidence.”
But here’s the reality: invisible illnesses are real—and so is your right to support. With the right legal strategy, you can challenge an unfair denial and get the benefits you’re entitled to.
In this blog, I’ll walk you through what you need to know before filing an LTD claim for an invisible illness in BC—including why these claims are denied, how the law protects you, and how to build a strong case that stands up to scrutiny.
If you’ve already applied for long-term disability and received a denial letter, you’re not alone. In fact, claims involving invisible illnesses are some of the most commonly denied in British Columbia.
Why? The truth is, insurers often look for objective, visible proof of disability—things like scans, blood tests, or physical injuries. When your condition doesn’t show up on a lab result, they may question whether you’re “really” disabled. This bias is not only unfair—it’s out of step with modern medical understanding.
✔ “Lack of objective medical evidence”
✔ “Condition not considered disabling under the policy”
✔ “Insufficient documentation of functional limitations”
✔ “Pre-existing condition exclusion”
✔ “You can still work in some capacity”
One client I worked with suffered from chronic fatigue syndrome (CFS). She had been employed full-time in a demanding administrative role but could no longer manage even basic tasks due to relentless exhaustion, pain, and cognitive fog. Despite years of medical appointments, testing, and specialist reports, her LTD claim was denied—twice.
What turned her case around wasn’t just more medical paperwork. It was a strategic legal approach—demonstrating how her symptoms affected her ability to function in daily life and at work and proving that the insurance company had not followed their own duty to fairly assess her claim.
It’s important to understand that insurance providers are not neutral. They are businesses—and denying claims saves them money. That’s why many invisible illness claims are denied not based on merit but based on systemic bias and financial incentive.
The good news? You don’t have to accept that denial. With the right legal advocacy and a personalized strategy, you can fight back—and win.
British Columbia law recognizes that disabilities come in many forms—not all of them visible. Whether you’re dealing with a chronic pain condition, a psychiatric illness, or a neurological disorder, your long-term disability claim deserves a fair, unbiased evaluation.
But fairness isn’t always what happens. That’s where knowing your legal rights—and having a strong advocate—can make all the difference.
In BC, most long-term disability claims fall under group insurance policies through an employer. These are governed by your insurance contract, but also shaped by broader legal principles:
✔ The BC Insurance Act requires insurers to act in good faith. They must assess your claim fairly and reasonably—not simply look for reasons to deny it.
✔ The Human Rights Code of British Columbia protects individuals from discrimination based on physical or mental disability, including depression, PTSD, and chronic illnesses.
✔ The common law duty of fairness means insurers can’t unreasonably demand proof that doesn’t exist—such as expecting MRI scans for fibromyalgia, which doesn’t show on imaging.
In my 40+ years of legal practice, I’ve helped many clients reverse unfair denials by showing how their insurer ignored clear medical evidence or misapplied the terms of the policy. Sometimes, all it takes is a letter from a disability lawyer to change the conversation. Other times, we go to court—and win.
If your illness prevents you from doing your job—or any job for which you are reasonably suited—you may qualify for LTD benefits. But proving that isn’t always straightforward, especially with invisible illnesses.
That’s why understanding the legal framework is just the first step. The next is knowing how to build your case.
Filing a long-term disability claim when you’re dealing with an invisible illness—like fibromyalgia, major depression, PTSD, or chronic fatigue—can feel like fighting an uphill battle. But with the right approach, you can give your claim the strength it needs to succeed.
At Tim Louis Law, we believe that what doesn’t show up on a scan still matters. And we know how to help you document it effectively.
Key Steps to Strengthen Your LTD Claim:
✔ Comprehensive Medical Evidence
Include detailed medical records, clinical notes, and letters from your family doctor and any specialists (e.g., psychiatrists, rheumatologists, neurologists). These letters should clearly explain how your condition affects your daily function—not just list diagnoses.
✔ Daily Function Journals
Keep a written or digital journal that tracks your symptoms, limitations, and how your condition impacts your ability to work or complete basic tasks. This firsthand account can offer powerful insight that medical charts often miss.
✔ Third-Party Statements
Ask your partner, co-workers, or close friends to write letters describing what they’ve witnessed. Their observations help paint a fuller picture of your limitations.
✔ Support from Therapists or Counsellors
Many invisible illnesses have psychological components. A letter from a licensed therapist, psychologist, or counsellor can be an essential part of your evidence.
✔ Don’t Go It Alone
Unfortunately, even strong claims are often denied on technicalities. That’s why it helps to speak to a disability lawyer before submitting—or appealing—a claim. At our firm, we help clients prepare claims with the goal of avoiding denial in the first place. And if you’ve already been denied, we’ll guide you through the appeal or legal action process step-by-step.
You don’t have to prove you’re “sick enough.” You just need to show how your condition makes you unable to work—and that starts with a strategy tailored to your situation.
When you’re struggling with an invisible illness, the last thing you need is to feel dismissed—by an insurance company or a lawyer. At Tim Louis Law, we understand that invisible conditions are just as real and life-altering as any visible injury.
For over 40 years, Tim Louis has been standing up to insurance providers who try to downplay or deny legitimate claims. He’s built a reputation across Vancouver and British Columbia for combining legal strength with empathy—because this isn’t just about policies and paperwork. It’s about your health, your future, and your peace of mind.
When you work with Tim, you’re not handed off to a junior associate or left waiting weeks for a callback. You speak with him directly—because that’s the level of care you deserve.
Whether your claim has been denied or you’re preparing to apply, Tim will help you navigate the system with clarity and confidence. His mission is simple: make sure you get the support you’re entitled to—without delay, without confusion, and without giving up.
“Mr. Tim Louis was on track when he said that appeals for disability tend to be unsuccessful on their own… With a legal career spanning 40 years, Tim knows how to deal with insurance companies and win. He handled my LTD appeal with precision and care. I’m so grateful I didn’t try to do it alone.”
— Kimberley L.
This is just one of many stories we’ve heard from clients across British Columbia who turned to us after feeling defeated by the system. We understand how frustrating it is to live with an invisible illness—and how discouraging it can be when your claim is dismissed.
With decades of experience behind us, we’ll guide you every step of the way. You don’t have to carry this alone.
Living with an invisible illness is difficult enough—fighting with your insurance company shouldn’t be part of the burden. That’s why we’ve created a collection of helpful resources tailored to long-term disability (LTD) claims in British Columbia. Whether you’re just starting the application process or dealing with a denied claim, these trusted articles can guide you forward.
Long-Term Disability Claims in British Columbia: Know Your Rights and Protect Your Interests
Understand the foundations of LTD in BC, including how to protect your legal rights and what insurance companies don’t want you to know.
Denied Long-Term Disability? Vancouver’s Trusted LTD Lawyer Can Help
Learn how Tim Louis helps clients across British Columbia appeal denied or terminated disability claims—with empathy, strategy, and experience.
Long-Term Disability Claims for Mental Health in Canada
Depression, anxiety, PTSD, and other mental health conditions are legitimate grounds for LTD. Discover how to build a strong claim.
Fibromyalgia and Long-Term Disability Claims
Tim Louis explains how to prove the disabling effects of fibromyalgia and chronic pain, especially when symptoms aren’t visible.
Chronic Pain and Disability Benefits: What You Need to Know
A detailed look at how chronic pain sufferers can access LTD—and how to fight back if your claim is minimized or denied.
Every situation is different, and every claim deserves individual attention. These articles are a great place to begin—because when you know your rights, you’re empowered to stand up for them.
✔ Invisible illnesses are legally recognized disabilities in BC. Conditions like fibromyalgia, PTSD, depression, and chronic fatigue syndrome can qualify for LTD benefits, even without visible symptoms.
✔ LTD claims for invisible illnesses are frequently denied. Insurance companies often reject them due to “lack of objective medical evidence” or outdated policy interpretations.
✔ You have rights under BC and Canadian law. The BC Insurance Act and Human Rights Code require insurers to act in good faith and treat physical and mental health conditions equally.
✔ Strong documentation is critical. Use detailed medical letters, daily symptom journals, third-party statements, and specialist reports to support your case.
✔ Legal support dramatically improves your chances. A disability lawyer like Tim Louis can help you build a winning claim or appeal an unfair denial—with clarity, strategy, and compassion.
Yes. In British Columbia, many people living with chronic fatigue, fibromyalgia, or depression are eligible for LTD benefits—even if their symptoms are not visible. Tim Louis & Company has decades of experience helping individuals like you get approved.
If you’re struggling with an invisible illness and facing challenges with your long-term disability claim, you don’t have to navigate this alone. Tim Louis has over 40 years of experience helping clients across Vancouver and British Columbia get the benefits they deserve—especially when their conditions are misunderstood or dismissed.
Whether your claim was denied, delayed, or you’re just starting the process, Tim is here to listen, explain your rights, and fight for your future with compassion and clarity.
📞 Call us today at (604) 732-7678 to schedule your free, no-obligation consultation, or
✉️ Email timlouis@timlouislaw.com to take the first step.
Let’s make sure your voice is heard—and your health protected.
Invisible illnesses include medical conditions that aren’t outwardly visible but significantly impact daily functioning. These can include:
Yes. Under Canadian and BC law, mental health conditions such as depression, anxiety disorders, PTSD, and bipolar disorder can qualify for LTD benefits if they prevent you from performing the duties of your job. Insurers must treat psychological conditions the same as physical ones.
If your claim is denied:
Documentation is key. Gather:
It depends on your insurance policy. Many LTD policies cover:
Yes—especially for invisible illnesses. Insurance companies often dispute claims that lack obvious physical symptoms. A lawyer like Tim Louis:
At Tim Louis & Company, your initial consultation is free. If you decide to move forward, we may work on a contingency basis, meaning you don’t pay legal fees unless we win your case. This gives you peace of mind during a difficult time.
Deadlines vary by policy, but typically:
Navigating a long-term disability claim while managing an invisible illness can be challenging. These trusted Canadian and BC-specific resources offer valuable support, benefit information, and condition-specific tools to help you move forward with confidence.
Government and Disability Benefit Information
✔ Employment Insurance Sickness Benefits – Government of Canada
www.canada.ca/en/services/benefits/ei/ei-sickness.html
If your illness or condition prevents you from working temporarily, you may be eligible for up to 15 weeks of EI sickness benefits. This is a first step for many before accessing long-term disability coverage.
✔ WorkSafeBC – Chronic Pain & Psychological Conditions
www.worksafebc.com/en/claims/benefits-services/health-care/conditions/chronic-pain
WorkSafeBC offers guidance on how chronic pain, PTSD, and psychological injuries are assessed and treated in the BC workers’ compensation system. Even if your case isn’t work-related, their resources may help you understand your symptoms and documentation requirements.
✔ Canada Life – Disability Insurance Information
www.canadalife.com/insurance/disability-insurance.html
One of the largest LTD insurance providers in Canada, Canada Life outlines what to expect when filing a claim, timelines, and how your condition may be evaluated under a group or individual policy.
Condition-Specific Support in BC
✔ Canadian Mental Health Association – BC Division
www.cmha.bc.ca
CMHA BC offers mental health programs, counselling support, and advocacy for those struggling with depression, anxiety, PTSD, and other invisible psychological conditions. Their site includes regional resources and guides for navigating health and disability services.
✔ MS Society of Canada – Disability Benefits for MS Patients
www.mssociety.ca
Designed for Canadians living with multiple sclerosis, this resource explains how MS symptoms may qualify for disability support. You’ll find tools for communicating with your insurer and real-life stories from others navigating the system.
✔ Fibromyalgia and ME/CFS Society of BC
www.fm-cfs.ca
This local BC society offers condition-specific support, peer connections, and legal advocacy tips for those with fibromyalgia or chronic fatigue syndrome. Learn how to document symptoms and prepare stronger LTD applications.
“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
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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.
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