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Long-Term Disability BC

LTD for Invisible Illnesses in BC

LTD for Invisible Illnesses in BC: What You Need to Know Before You File

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.

LTD for Invisible Illnesses in BC: What You Need to Know Before You File

Understanding Invisible Illnesses and Long-Term Disability

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.

 

Why LTD Claims for Invisible Conditions Are Often Denied

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.

Common Denial Tactics Used by Insurers:

✔ “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.

 

What the Law Says in British Columbia

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.

Your Rights Under Canadian & BC Law

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.

 

How to Build a Strong LTD Claim for an Invisible Illness

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.

 

Why Work with Tim Louis – Disability Lawyer Vancouver

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.

 

What Clients Say About Tim Louis

“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.

 

Explore More on Long-Term Disability in BC

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.

chronic pain and long term disability claims

Key Takeaways – Long-Term Disability for Invisible Illnesses in BC

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.

call to action

Can I qualify for long-term disability benefits if I have an invisible illness?

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.

Get Help with Your LTD Claim Today

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.

Frequently Asked Questions – Long-Term Disability for Invisible Illnesses in BC

  1. What qualifies as an invisible illness for long-term disability in Canada?

Invisible illnesses include medical conditions that aren’t outwardly visible but significantly impact daily functioning. These can include:

  • Chronic fatigue syndrome (CFS/ME)
  • Fibromyalgia
  • Depression, anxiety, and PTSD
  • Autoimmune diseases like lupus or multiple sclerosis
  • Migraines and chronic pain If your condition prevents you from working full-time, you may qualify for LTD benefits under your policy.
  1. Can you get long-term disability for mental health conditions in BC?

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.

  1. What should I do if my LTD claim is denied for an invisible illness?

If your claim is denied:

  • Request the denial letter in writing
  • Review the insurer’s reason for denial
  • Speak with a long-term disability lawyer like Tim Louis immediately You have the right to appeal or file a legal claim if the insurer has acted unfairly.
  1. How do I prove my invisible illness to the insurance company?

Documentation is key. Gather:

  • Medical records and diagnoses
  • Specialist reports (e.g., rheumatologist, psychiatrist)
  • Symptom journals or daily logs
  • Statements from employers, family, or caregivers Tim Louis can help you organize this evidence and communicate with your insurer effectively.
  1. How long does long-term disability last in British Columbia?

It depends on your insurance policy. Many LTD policies cover:

  • “Own occupation” coverage for the first 2 years (can’t do your specific job)
  • “Any occupation” coverage after 2 years (can’t do any suitable job) Some policies provide benefits until age 65 if your disability continues.
  1. Is it worth hiring a lawyer for a long-term disability claim?

Yes—especially for invisible illnesses. Insurance companies often dispute claims that lack obvious physical symptoms. A lawyer like Tim Louis:

  • Knows how to handle disability insurers
  • Can guide your appeal or lawsuit
  • Fights for fair compensation while you focus on recovery
  1. How much does it cost to hire a long-term disability lawyer in Vancouver?

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.

  1. What are the deadlines to file or appeal a long-term disability claim in BC?

Deadlines vary by policy, but typically:

  • Initial LTD claims must be filed within 90–180 days of your disability
  • Appeals are often due within 30–60 days of a denial
  • Legal action (a lawsuit) must be filed within 2 years of the denial under BC’s Limitation Act
    Always consult a lawyer promptly to protect your rights.

 

Trusted Canadian Resources for Long-Term Disability and Invisible Illnesses in BC

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.

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Securing the Best Outcome: Heart Conditions and Disability Claims in Canada

Stroke, heart disease and long-term disability

Navigating the complexities of long-term disability claims in Canada becomes even more crucial when it involves heart conditions. As a legal professional, I’ve witnessed firsthand the challenges individuals face when they’re grappling with the implications of heart diseases on their disability claims. It’s not just about understanding the legal jargon; it’s about recognizing the profound impact these conditions have on one’s life and ensuring that their rights are upheld.

Recent statistics paint a concerning picture: heart diseases and strokes are on the rise in Canada. For many, this isn’t just a statistic; it’s a daily reality. It underscores the importance of being well-informed, not only about the medical aspects but also about the legal avenues available to those affected.

If you or a loved one is navigating this challenging terrain, know that you’re not alone. With the right guidance and support, you can secure the best possible outcome for your disability claim. Remember, understanding your rights is the first step towards ensuring they are protected.


Understanding Heart Disease

Heart disease, a term often heard but perhaps not always fully understood, is a medical condition that affects countless Canadians. At its core, heart disease refers to a range of conditions that impact the heart’s ability to function optimally. But what does this truly mean for those diagnosed, and what are the signs one should be vigilant about?

Symptoms and Signs of Heart Disease

The manifestations of heart disease can vary, but some common symptoms include chest discomfort, shortness of breath, and palpitations. It’s essential to recognize these signs early, as timely intervention can make a significant difference in outcomes. However, it’s equally crucial to understand that these symptoms might not always be overt. Sometimes, the signs are subtle, and a regular medical check-up is the best way to catch any anomalies.

Diving Deeper: Types of Heart Diseases

While the term ‘heart disease’ is often used broadly, it encompasses several specific conditions:

  • Congenital Heart Disease: This refers to heart defects that are present at birth. They can range from simple issues, which might not cause any problems, to more severe defects that require immediate medical attention.
  • Ischemic Heart Disease: Caused by narrowed heart arteries, this condition results in less blood and oxygen reaching the heart muscle. It’s the most common cause of heart attacks.
  • Coronary Heart Disease (CHD): CHD is a result of plaque buildup in the heart’s arteries, restricting blood flow. It’s a major cause of angina and heart attacks.
  • Rheumatic Heart Disease: Often a result of untreated strep throat or scarlet fever, this condition can lead to permanent damage to the heart valves.

Each of these conditions presents its own set of challenges, but with the right medical and legal guidance, individuals can navigate their journey more confidently.

If you believe you or a loved one might be experiencing symptoms of heart disease or are facing challenges related to disability claims due to a heart condition, don’t hesitate to seek expert advice. Knowledge is power, and understanding your condition is the first step towards safeguarding your rights. This is the time to hire a long-term disability lawyer, like Tim Louis, to fight to get the long-term disability you deserve.


The Link Between Heart Conditions and Strokes

The intricate connection between the heart and the brain is undeniable. When our heart faces challenges, it can often have ripple effects that impact the brain, leading to conditions like strokes. But what exactly is this connection, and why is it so important for people to be aware of it?

The Heart-Brain Connection

At a fundamental level, the heart pumps blood, supplying oxygen and nutrients to every cell in our body, including those in the brain. Any disruption in this supply, often due to heart conditions, can result in a stroke. Simply put, a healthy heart is instrumental in ensuring a healthy brain.

Recognizing the Signs of a Stroke

Strokes can manifest suddenly, and their symptoms can be both varied and alarming. Common signs include sudden numbness or weakness in the face, arm, or leg, especially on one side of the body, confusion, trouble speaking, difficulty walking, and severe headaches. Heat stroke symptoms, on the other hand, are related to prolonged exposure to high temperatures and include confusion, rapid heartbeat, nausea, and flushed skin. Recognizing these signs and seeking immediate medical attention can be life-saving.

Ischemic vs. Hemorrhagic Stroke

Strokes primarily fall into two categories:

  • Ischemic Stroke: This is the most common type of stroke and occurs when a blood clot blocks a blood vessel that supplies the brain.
  • Hemorrhagic Stroke: This type of stroke happens when a blood vessel in the brain bursts, leading to bleeding in the surrounding areas.

Each type has its own set of causes, symptoms, and treatments, making it essential for individuals to be informed and proactive about their health.

The Role of the Heart and Stroke Foundation

Organizations like the Heart and Stroke Foundation play a pivotal role in raising awareness about these conditions. Through research, advocacy, and public education, they empower Canadians to lead healthier lives and provide invaluable resources for those affected by heart conditions and strokes.

In the face of these medical challenges, knowledge remains our most potent tool. If you or a loved one is navigating the complexities of heart conditions or strokes, remember that understanding is the first step. And when it comes to safeguarding your rights, especially in the realm of disability claims, seeking expert guidance can make all the difference.

Heart Conditions and Disability Claims

Long-term Disability Claims for Heart Conditions

Navigating the realm of long-term disability claims can be a daunting task, especially when it revolves around heart conditions. The intricacies of medical documentation combined with the legal nuances can often leave individuals feeling overwhelmed. However, understanding the conditions that qualify and the challenges that may arise can equip you with the knowledge to secure the benefits you rightfully deserve.

Qualifying Heart Conditions

Several heart conditions can lead to long-term disabilities, impacting one’s ability to work and maintain a regular lifestyle. The primary conditions that qualify for long-term disability claims include:

  • Coronary Artery Disease: A condition where major blood vessels supplying the heart get damaged or diseased.
  • Arrhythmia: Irregular heartbeats that can lead to various complications.
  • Heart Valve Problems: Issues with one or more of the four heart valves.
  • Hypertension: Commonly known as high blood pressure, a condition that can lead to severe heart complications if not managed.
  • Heart Attack: A sudden occurrence where the blood flow to a part of the heart is blocked.
  • Congestive Heart Failure: A chronic condition where the heart doesn’t pump blood as efficiently as it should.
  • Stable Angina: Chest pain or discomfort that typically occurs with activity or stress.
  • Unstable Angina: Unexpected chest pain or discomfort, which usually occurs while resting.
  • Ischemic Stroke: Caused by blockages or clots in the blood vessels leading to the brain.
  • Hemorrhagic Stroke: Caused by bleeding in the brain.

 

Challenges in Claiming Benefits

While these conditions are recognized for their severe impact on an individual’s health, claiming long-term disability benefits isn’t always straightforward. Individuals often face challenges such as stringent documentation requirements, misconceptions about the severity of their condition, or even outright denials from insurance companies. It’s a journey fraught with obstacles, but with the right knowledge and support, these challenges can be overcome.

In the face of these challenges, remember that you’re not alone. Knowledge is your ally, and seeking expert legal guidance can ensure that your rights are upheld and that you receive the benefits you’re entitled to.

Why Claims Get Denied and How to Fight Back

The journey of securing long-term disability claims, especially when it pertains to heart conditions, is often not without its hurdles. Many individuals find themselves facing denials, leading to feelings of frustration and helplessness. But understanding the reasons behind these denials and the steps to take thereafter can empower you to reclaim your rights.

Common Reasons for Denial

Several reasons can lead to the denial of long-term disability claims related to heart conditions:

  • Insufficient Medical Evidence: Often, claims are denied because there isn’t enough medical documentation to support the severity of the condition.
  • Pre-existing Condition Clauses: Some insurance policies might have clauses that exclude coverage for conditions that existed before the policy was taken.
  • Policy Exclusions: Certain policies might have specific exclusions related to heart conditions.
  • Failure to Meet Policy Definitions: Sometimes, the definition of "disability" in the policy might not align with the claimant’s condition.

 

Taking Action Post-Denial

If you find yourself facing a denial, it’s crucial not to lose hope. Here are the steps you should consider:

  1. Review the Denial Letter: Understand the specific reasons for denial. This will help in formulating the next steps.
  2. Gather Additional Evidence: If the denial was due to insufficient medical evidence, consult with your healthcare provider to gather more comprehensive documentation.
  3. Seek Legal Representation: This is perhaps the most crucial step. A seasoned legal professional can guide you through the appeal process, ensuring that your rights are upheld.

Contact Tim Louis to Fight for your Long-term Disability Claim

Facing a denial can be disheartening, but it’s essential to remember the importance of understanding your rights. With the right knowledge and support, you can navigate the complexities of the appeal process. Stay informed, be proactive about your health, and always prioritize your legal rights.

If you or a loved one is facing challenges with long-term disability claims related to heart conditions, don’t navigate this complex process alone. Contact long-term disability lawyer Tim Louis at (604) 732-767 or via email at TimLouis@timlouislaw.com to ensure you get the representation and benefits you deserve.

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FAQ

Heart disease refers to various conditions affecting the heart, including coronary artery disease, heart failure, and arrhythmias. Stroke, on the other hand, occurs when blood flow to a part of the brain is interrupted, leading to brain cell damage.
Symptoms of heart disease can include chest pain, shortness of breath, palpitations, and fatigue. Stroke symptoms often manifest suddenly and can include facial drooping, arm weakness, speech difficulties, and sudden severe headache.
Both conditions can result in lasting physical and cognitive impairments. For instance, a stroke might lead to paralysis, speech difficulties, or memory problems. Heart disease can limit physical activity and stamina.
Long-term disability claims are insurance claims made by individuals who are unable to work for an extended period due to a medical condition or injury.
Qualification typically depends on the specifics of your insurance policy, the severity of your condition, and the documentation provided by your healthcare provider.
Some insurance policies might have exclusions for pre-existing conditions. It’s essential to review your policy details and consult with a legal expert if necessary.
Consider seeking legal counsel specializing in disability claims. They can guide you through the appeal process and help gather necessary documentation.
Yes, maintaining a healthy diet, regular exercise, avoiding tobacco, managing stress, and regular medical check-ups can significantly reduce the risk.
While specific statistics can vary, heart disease and stroke are significant health concerns in British Columbia, as they are worldwide.
Yes, organizations like the Heart and Stroke Foundation offer resources, support, and community programs for affected individuals and their families.

Further Reading

  1. Government of Canada. (2021). Heart disease in Canada. https://www.canada.ca/en/public-health/services/publications/diseases-conditions/heart-disease-canada.html
  2. HealthLink BC. (2021). Coronary artery disease. https://www.healthlinkbc.ca/illnesses-conditions/heart-health-and-stroke
  3. Provincial Health Services Authority. (2021). Heart failure. http://www.phsa.ca/health-info/stroke
  4. Global News. (2021). Denied LTD for heart disease? 3 things to do. https://globalnews.ca/content/9747185/denied-ltd-heart-disease-3-things-to-do/
  5. CTV News Montreal. (2022). Women suffering from heart attacks wait longer than men for treatment. [https://montreal.ctvnews.ca/women-suffering-from-heart-attacks-wait-longer-than-men-for-treatment-1.5912428](https://montreal.ctvnews.ca/women-suffering-from-heart-attacks-wait-longer-than-men-for-treatment-1
  6. Louis, T. (2023). Heart disease, stroke, and long-term disability claims. Tim Louis & Company Barristers & Solicitors. https://timlouislaw.com/heart-disease-stroke-and-long-term-disability-claims/

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Maximizing Your Benefits: Why You Need a Long-Term Disability Lawyer in Vancouver

If you are dealing with a long-term disability in BC, it can be challenging to know how to navigate the legal landscape. You may be entitled to benefits from your employer, insurance companies, or government programs like the Canada Pension Plan and Persons with Disabilities. However, understanding these benefits and how to apply for them can be complex. In this blog post, we explore what long-term disability is, the types of benefits available, and how to apply for them. Additionally, we address common questions like how long you can be on disability in BC and whether your employer can terminate you while you’re on long-term disability. If you’ve been denied benefits, we also explain why insurance companies deny claims and the benefits of hiring a long-term disability lawyer to help you navigate the legal process.

Long-Term Disability BC

What is Long -Term Disability?

Many employers will provide their employees with long-term disability insurance coverage. Usually, this coverage is obtained by the employer from an insurance company. Each insurance company will have its own insurance policy. The policy will define long-term disability. In most long-term disability insurance policies, there are two types of disability – short-term and long-term. To be eligible for long-term disability, you must be unable to work for longer than the short-term benefits last. Typically, but not always, this is 17 weeks.

Once your short-term disability benefits come to an end, you are eligible for long-term disability benefits so long as you are unable to work in your own occupation. You are eligible for long-term disability benefits even if there are other occupations you can work as. However, this situation changes at the 2-year mark. Even if you remain unable to work at your own occupation for 2 years, your long-term disability benefits will come to an end unless you are unable to work at any occupation for which you are suited based on your education and experience. This 2-year mark is quite often referred to as the “own occ-any occ” transition.

What illnesses legally qualify for long-term disability?

Unless your long-term disability insurance policy specifically excludes named disabilities or illnesses, all qualify for long-term disability insurance benefits so long as you are unable to work at your own occupation for first 2 years and thereafter you are unable to work any occupation. It is very important that your family doctor is prepared to stand behind you. This means that they are willing to give evidence at trial. Under the rules of court, they are only permitted to give evidence at trial if they provide your lawyer with a Medical Legal Report (MLR) and your lawyer serves this report on the insurance company’s lawyer no later than 84 days prior to your trial.

It usually does not matter what type of illness or injury you suffer from. So long as you have the necessary medical evidence to prove that you are unable to work, you qualify for long-term disability benefits.

It is important to remember that your long-term disability benefits are not taxable if you were paying the premium yourself. If your employer was paying the premiums, then your long-term disability benefits are taxable. For this reason, most employees will want to pay all long-term disability insurance premiums themselves.

Understanding the Different Types of Benefits for Long-Term Disability
in Vancouver BC

  1. LTD Insurance

    Long-term disability insurance benefits are just one type of income a disabled worker may be entitled to. However, in almost all cases, these benefits are far superior than all other types of disability benefits. Your long-term disability benefits will typically be 66% of your pre-disability gross income. Given the fact that these benefits are not taxable so long as you are paying the premiums yourself, your long-term disability will be very close, if not equivalent, to what you were earning net of taxes prior your disability.

  2. CPP

    The Canada Pension Plan offers not just retirement benefits, but also disability benefits. There is no minimum age requirement for Canada Pension Plan Disability (CPP-D) benefits.

    You are qualified to receive the CPP-D benefits if you: • are under 65 • have contributed enough to the Canada Pension Plan • have a mental or physical disability that regularly stops you from doing any type of substantially gainful work • have a disability that is long-term and of indefinite duration, or is likely to result in death

    If you are eligible for long-term disability benefits, you will almost certainly also be eligible for Canada Pension Plan Disability benefits (CPP-D). Unfortunately, almost all long-term disability insurance policies make it a requirement that you apply for CPP-D. The policy will also say that all CPP-D benefits you receive are deducted dollar for dollar from your long-term disability benefits.

    Caution – do not be lulled into failing to apply for CPP-D knowing that it will not be money in your pocket, but only in the pocket of your insurance company. If you fail to apply for CPP-D, the insurance company will deduct from your long-term disability insurance benefits an amount equivalent to the CPP-D you would have received had you applied.

    There is no asset limit that would prevent eligibility. Your assets will not disentitle you.

  3. PWD

    In British Columbia, the provincial government provide a form of income assistance referred to as “Persons with Disabilities” (PWD). As distinct from CPP-D above, if your assets exceed $100,000, not including your home or your vehicle, you are not eligible for PWD benefits. Even worse, these benefits are not tied to any income you may have previously been earning. Instead, the provincial government arbitrarily sets the amount.

    For example, you could get up to:

    • $1,358.50 if you are single
    • $2,423.50 if you and your spouse have Persons with Disabilities designation and have no children
    • $1,703.50 if you are a single parent with one child
    • $2,143.50 if you or your spouse have Persons with Disabilities designation and one child

    If you are receiving long-term disability benefits, you are not eligible for PWD. If you are receiving CPP-D, it will be deducted dollar for dollar from your PWD.

  4. WorkSafe

    WorkSafe benefits are only payable if you are unable to work due to an injury you suffered while working. WorkSafe benefits are not taxable. If you are curious about how much you may be eligible to receive, please see this page for more information.

  5. Disability Tax Credit

    The disability tax credit (DTC) is a non-refundable tax credit that helps you, or your supporting family member, reduce the amount of income tax they may have to pay.

    If you have a severe and prolonged impairment, you may apply for the credit. If you are approved, you may claim the credit at tax time.

    By reducing the amount of income tax you may have to pay, the DTC aims to offset some of the extra costs related to the impairment.

    You may be eligible for the Disability Tax Credit if a medical practitioner certifies that you have a severe and prolonged impairment in 1 of the specified categories, significant limitations in 2 or more of the specified categories, or receive therapy to support a vital function. To learn more about these categories and your potential eligibility, please see this page.

How to apply for Long-Term Disability Benefits?

Your employer will have a specified process for applying for long-term disability benefits. Typically, your employer will provide you with the application form. Separately, your employer must fill out a form and send it to the insurance company. Finally, you must have your family doctor fill out and provide a form called an Attending Physician’s Statement (APS). The APS is sent directly to the insurance company by your doctor.

I would strongly recommend that you ask your doctor if you could work on the APS together. You do not want the APS to contradict what you are saying in your application form. Most doctors will be very agreeable to this reasonable request.

Why do insurance companies deny claims?

There can be several reasons why insurance companies deny long-term disability claims.

It’s important to note that insurance companies have a financial incentive to deny claims, as it saves them money. However, if a claim has been denied, it is possible to appeal the decision and pursue legal action if necessary.

In my opinion, insurance companies always put the interests of their shareholders ahead of the interests of people making claims.

Why hire a long-term disability lawyer?

Long-term disability insurance companies do not like lawyers. They do not like being held accountable. They do not like the threat of going to court. Over my many decades of practice, I have had many cases where the insurance company flatly denied my clients claim for long-term disability benefits. Then, after my client hired me and I started a lawsuit, they do an about face and pay the claim. If your claim for long-term disability benefits has been denied, I would strongly urge you to hire a lawyer familiar with suing long-term disability insurance companies.

How long can you be on disability in BC?

So long as you remain unable to work, either at your own occupation for the first two years or at any occupation thereafter, you remain eligible for long-term disability benefits until you are 65 years of age.

Can you terminate an employee on long term disability in BC?

Unfortunately, the answer is yes. An employer is entitled to terminate an employee if there is no reasonable prospect of a foreseeable return to work. If your employer is considering terminating you, you may wish to obtain a letter from your doctor providing an estimated return to work date. The downside to this letter is that your insurance company may then use it to terminate benefits if you fail to return to work by that date.

People Also Ask

What is the difference between short-term and long-term disability insurance?

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What is CPP-D and who is eligible for it?

Canada Pension Plan Disability (CPP-D) benefits are offered by the Canada Pension Plan and are available to anyone under the age of 65 who has contributed enough to the Canada Pension Plan and has a mental or physical disability that regularly stops them from doing any type of substantially gainful work. The disability must be long-term and of indefinite duration, or is likely to result in death.

Are long-term disability benefits taxable?

Long-term disability benefits are not taxable if you were paying the premium yourself. However, if your employer was paying the premiums, then your long-term disability benefits are taxable.

Why would someone need to hire a long-term disability lawyer?

If a claim for long-term disability benefits has been denied, it may be helpful to hire a lawyer familiar with suing long-term disability insurance companies. Insurance companies may put their interests ahead of those making claims, and a lawyer can help hold them accountable and work towards getting the benefits deserved.

Experienced Long-Term Disability Lawyer in Vancouver, BC – Tim Louis

Looking for a long-term disability lawyer in Vancouver, BC? Tim Louis can help. With over 40 years of experience, Tim Louis provides personalized and compassionate legal guidance to clients dealing with long-term disabilities. From filing claims to appealing denied claims, he has a track record of success in achieving positive outcomes for his clients. Contact us to learn more about how we can help you with your long-term disability case in Vancouver.

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