Mental Health & Long-Term Disability in BC: Your Complete Legal & Claim Success Guide

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.

How can you win a mental health LTD claim in BC?

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.

Why Mental Health Leads LTD Claims in BC

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.

Common Reasons Mental Health LTD Claims Are Denied 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:

• Lack of “objective” medical proof
  Insurers often want test results or scans you simply can’t produce for depression, PTSD, or anxiety. This isn’t a dead end — it means we shift the focus to thorough treatment notes, detailed symptom tracking, and specialist reports that explain the impact in real terms.
• Pre-existing condition clauses
  If a policy defines a mental health condition as “pre-existing,” they may use it to justify a denial. The term pre-existing condition can be complicated, and not all definitions are fair. With the right evidence and legal argument, these clauses can be challenged.
• Gaps in treatment records
  Missed appointments or breaks in therapy can look like you’re “better” when you’re not. Sometimes life — or the condition itself — gets in the way. We work on explaining those gaps so they’re understood in context.
• Insurer surveillance tactics
  In some cases, insurers hire investigators to watch you, take photos, or monitor your social media. Even everyday activities — a short walk, a grocery trip — can be misinterpreted. When that happens, it’s about showing the full picture, not just the snapshot they’ve taken.

BC insurers often demand more proof for invisible conditions than for visible injuries.

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.