Disability Lawyer for Borderline Personality Disorder

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Ontario Borderline Personality Disorder Lawyer

Borderline personality disorder (BPD) is a mental health condition that can be a complex combination to manage. In Canada, roughly 1-2% of the population experiences borderline personality disorder, which has long-term and sometimes severe effects on a person’s ability to lead an everyday life. People with borderline personality disorder may face difficulty performing basic tasks and functioning in everyday life due to their emotional instability, impulsivity, and difficulties forming relationships and coping with stress.

In addition, a person who suffers from borderline personality disorder can have difficulty regulating their emotions and maintaining relationships. This can lead to challenges in the workplace and ultimately result in job-related disability. That being said, every individual experiences BPD differently, so the extent to which it affects employment may differ from person to person. Those dealing with borderline personality disorder may be eligible for long-term disability benefits.

Unfortunately, many long-term disability insurance companies are reluctant to accept borderline personality disorder as a valid mental health related medical condition for long-term disability claims. In some cases, borderline personality disorder can be difficult to diagnose, making it even harder for claimants to prove that they have a valid disability.

Those dealing with borderline personality disorder may require special assistance to receive disability benefits. If you or someone you know is suffering from borderline personality disorder, it’s important that you seek out a long-term disability lawyer who understands your medical condition and can help navigate the complex disability claims process.

Lalande Personal Injury Lawyers can provide the help you need to get the disability benefits you deserve. We have experience in dealing with borderline personality disorder cases and can provide professional representation to ensure that you receive the full long-term disability benefits you are entitled to. Contact us today for more information or to schedule an appointment with our firm. Call us today, toll-free, no matter where you are in Ontario at 1-844-LALANDE or local in the Hamilton / Burlington area at 905-333-8888 or fill in a contact form on our website and we will be happy to get right back to you.

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Does Borderline Personality Disorder Qualify for Long-Term Disability?

Yes, Borderline Personality Disorder (BPD) can qualify for disability benefits in Canada, but eligibility depends on the severity and duration of the impairment rather than the diagnosis alone. To qualify for the Disability Tax Credit (DTC), which is a prerequisite for other disability benefits like the Canada Disability Benefit, you must demonstrate a severe and prolonged impairment in mental functions that affects your ability to perform daily living activities. BPD may be considered a disability if it prevents you from fulfilling the substantial duties of your own occupation, known as the “own occupation” provision in disability policies. This typically applies for the first two years after diagnosis or when the impairment becomes severe enough to prevent you from working. After two years, if BPD prevents you from working at any job you are reasonably trained for, based on education, training, or experience, you may be entitled to long-term disability benefits until the age of 65, depending on the specific terms of your long-term disability policy.

What is Borderline Personality Disorder?

Borderline personality disorder, or BPD, is a mental health disorder characterised by instability in moods, behaviour, relationships, and self-image. People with borderline personality disorder may have difficulty controlling their emotions and impulses and may engage in risky behaviours such as substance abuse or other forms of self-harm, and may also have difficulty forming relationships, managing stress, and functioning day-to-day. The condition is similar to bipolar disorder in that it is characterised by extreme mood swings and impulsive behaviour, but is unique in that borderline personality disorder is more persistent and does not include the highs associated with bipolar disorder. Borderline personality disorder can be a long-term, sometimes lifelong, condition that can have a significant impact on a person’s ability to function in everyday life.

Causes of Borderline Personality Disorder

The exact causes of borderline personality disorder (BPD) remain unclear; however, current research suggests that a combination of various factors, including genetic predisposition and neurochemical imbalances, may contribute to the development of this complex mental health condition. Studies indicate that individuals with a family history of BPD or other mental disorders may be at a higher risk of developing the condition themselves. Additionally, abnormalities in the levels of certain neurotransmitters, such as serotonin and dopamine, have been linked to the manifestation of BPD symptoms. While the precise aetiology of BPD is still under investigation, understanding the potential interplay between genetic, biological, and environmental factors is crucial for developing targeted interventions and treatment strategies.

• Genetics: Certain genes may make a person more susceptible to borderline personality disorder. Individuals with first-degree relatives who have borderline personality disorder are more likely to develop the disorder themselves.
• Brain structure and functioning: People with borderline personality disorder may have an abnormality in the way their brain is structured or functions, which can cause difficulty regulating emotions and behaviour.
• Environmental factors: Experiences in childhood, such as abuse, neglect, or unstable relationships, can increase the risk of borderline personality disorder.
• Chemical imbalance: People with borderline personality disorder may have an imbalance of certain brain chemicals or hormones, contributing to their symptoms. In healthy people, neurotransmitters communicate messages between brain cells. In borderline personality disorder, however, these neurotransmitters may be out of balance, which can lead to intense emotions and impulsive behaviours.
• Brain changes: Studies have shown that people with borderline personality disorder may have differences in how their brain processes emotions and react to stress, which can contribute to the development of borderline personality disorder. A study from the National Institute of Mental Health found that people with borderline personality disorder have increased activity in their amygdala, the part of the brain responsible for processing emotions, which may help explain why borderline personality disorder can lead to intense emotions.

Researchers suspect that the onset of BPD can be triggered by a combination of these factors, making it difficult to identify a single cause. Most diagnoses of BPD happen around the early age of 18, but some experts believe the disorder can develop earlier, and since there is no cure, borderline personality disorder is considered a long-term condition that people may continue to suffer from for a long time.

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A few of our recent result are noted below. It’s very important to understand that no two cases are the same. Past results are not necessarily indicative of future results and litigation outcomes will vary according to the facts of individual cases. The information below are examples of Matt Lalande’s cases that he has settled or tried to verdict over his career and is for informational purposes only.

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$2.7M

Motorcycle Accident

For a young man who lost 2 limbs in a terrible motorcycle accident.

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Car Accident

For a middle aged woman who suffered severe brain trauma. Tort + AB

Symptoms of Borderline Personality Disorder

The observable symptoms of borderline personality disorder are an important tool used to diagnose cases of BPD. According to the American Psychiatric Association, to be diagnosed with BPD, someone needs to meet five out of the nine criteria:

• Fear of abandonment: Intense fear of abandonment or may feel like relationships are unstable.
• Unstable relationships: Difficulty establishing and maintaining stable relationships.
• Impulsive behaviour: Risky behaviours such as drug and alcohol use or unsafe sex.
• Self-harm: Behaviours such as cutting or burning.
• Extreme mood swings: Shifts in mood from intense happiness to sadness.
• Distorted self-image: A Distorted view of themselves and their capabilities.
• Suicidal thoughts or behaviour: Increased risk of suicidal thoughts or behaviours.
• Chronic feelings of emptiness: A feeling of hollowness or emptiness.
• Explosive anger: Extreme outbursts of anger over small issues.

Additionally, people with BPD can experience different symptoms throughout their lives, which can contribute to the diagnosis of borderline personality disorder. These symptoms could include anxiety, panic attacks or phobias, experiencing paranoia or dissociation, sleep disturbances, and even eating disorders. The symptoms of BPD are typically organised into four subgroups:

• Affective symptoms: Intense and volatile emotions, such as extreme joy or sadness. People with BPD may swing from one emotional extreme to another very quickly and without warning.
• Behavioural symptoms: Impulsive behaviours, such as drug or alcohol abuse, self-harming behaviours or reckless driving. People with BPD may suffer from being unable to control the urge to engage in these behaviours, which can contribute to long-term disability.
• Cognitive symptoms: Distorted beliefs about oneself or others. People with BPD may experience hopelessness and may find it difficult to think clearly and make decisions.
• Interpersonal symptoms: Difficulties in forming and maintaining relationships due to fear of abandonment or unstable self-image.

The symptoms of BPD can make it challenging for individuals to manage their personal and professional lives. That’s not to mention the different comorbidities that can affect borderline personality disorder, such as anxiety, depression and substance abuse that often occur alongside borderline personality disorder. Without the support of long-term disability lawyers, borderline personality disorder sufferers may not be able to access the financial compensation and other support services they need to sustain themselves if they’re no longer able to work and have no other financial resources to rely upon.

Types of Borderline Personality Disorder

There are several models of BPD, but the most widely accepted understanding of the mental health issue was established by Theodore Millon, an American psychologist. He outlined four main types of borderline personality disorder based on the behaviour and experiences of those suffering from BPD:

• Discouraged BPD: Individuals with this type of borderline personality disorder may exhibit feelings of low self-esteem, helplessness, and intense loneliness.
• Impulsive BPD: People with this type of borderline personality disorder act impulsively and take risks which they may later regret.
• Petulant BPD: Those with this type of borderline personality disorder may be overly sensitive and display temper tantrums, irritability, and short-lived outbursts of anger.
• Self-destructive BPD: Individuals with this type of borderline personality disorder may engage in activities that put them at risk of self-harm, such as substance abuse or unsafe sex.

According to Millon, patients with BPD can be categorised as one of these four subtypes. Understanding which type of BPD a person has can help medical professionals understand what course of treatment to recommend and help long-term disability lawyers determine the kind of support a borderline personality disorder sufferer will benefit most from.

How does Borderline Personality Disorder Affect an Individual’s Ability to Work?

Borderline personality disorder can have long-term and debilitating effects on a person’s ability to work. Why is this? People with BPD can have difficulties connecting to others and maintaining healthy relationships. This can manifest at work, as these individuals may struggle to get along with coworkers or accept constructive criticism. They often experience intense emotions, rapid mood swings and difficulty regulating temper, which can add to the problem of forming and sustaining meaningful relationships. Those suffering from BPD need to take steps towards understanding their triggers so they can learn how to create healthier boundaries with others.

Also, people with borderline personality disorder may have difficulty performing basic tasks, managing stress, forming relationships, and functioning day-to-day. As a result, they may be unable to meet the requirements of certain occupations or even maintain gainful employment. In some cases, borderline personality disorder is severe enough to warrant long-term disability benefits from an insurance company.

• Work performance: People with borderline personality disorder may have difficulty focusing and keeping up with their tasks due to the intense emotions associated with borderline personality disorder.
• Stress management: Stress is a normal part of any job, but people with borderline personality disorder may find it difficult to manage stress at work. They may have difficulty controlling their impulses, leading to outbursts or other disruptive behaviours.
• Relationships: People with borderline personality disorder may have difficulty forming relationships and interacting with coworkers professionally. This can lead to conflict or other issues at work, preventing them from performing their job effectively.
• Cognitive issues: People with borderline personality disorder may also experience cognitive issues such as difficulty processing complex information or making decisions. This can make it difficult for them to stay on task and complete their work promptly.
• Functioning day-to-day: People with borderline personality disorder may also have difficulty functioning day-to-day due to the overwhelming emotions associated with borderline personality disorder. They may find it difficult to concentrate on tasks or make decisions due to their symptoms.

If borderline personality disorder has impaired your ability to work, you may be eligible for long-term disability benefits. A long-term disability lawyer can help you understand your rights and represent you in a claim for benefits. Your lawyer will review the evidence of your borderline personality disorder and present it in a strong claim for long-term disability benefits. A long-term disability lawyer can also help you fight any denials from your insurance company or negotiate a settlement if necessary. Your lawyer will be your advocate throughout the process, ensuring your rights are protected and you get the disability benefits you deserve.

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Is BPD Considered a Disability in Canada?

Borderline Personality Disorder (BPD) can qualify as a disability in Canada if it meets the criteria for a “severe and prolonged impairment in mental functions” under the Disability Tax Credit (DTC) program or long-term disability benefits. To qualify for the DTC, BPD must significantly impact daily life, be present almost all of the time, last for at least 12 months, and restrict basic activities despite treatment.

Eligibility Criteria for BPD Disability:

• The impairment must be severe and prolonged, affecting mental functions required for daily living.
• It must last or be expected to last at least 12 months and occur almost continuously (90% or more).
• A qualified medical practitioner must certify these conditions on the T2201 Disability Tax Credit Certificate.

Implications of BPD Disability:

• Financial Benefits: Qualifying for the DTC can provide tax relief and eligibility for other disability-related benefits.
• Support and Income: Disability benefits can offer financial support for living expenses and medical costs when BPD limits the ability to work.

Key Considerations:

• Eligibility is assessed individually, based on the severity of symptoms.
• Even with treatment, the condition must still meet the criteria to qualify as a disability.

Qualifying for Long-Term Disability with Borderline Personality Disorder (BPD)

BPD can qualify for long-term disability benefits in Canada if it causes severe, prolonged impairment that limits daily activities. To be eligible for the Disability Tax Credit (DTC), the impairment must affect mental functions and last at least 12 months. For disability benefits, BPD must prevent you from working in your own occupation for the first two years and, afterwards, any job you’re trained for, based on your policy’s terms.

Suffer from Borderline Personality Disorder and Denied Long-Term?

Borderline personality disorder can be difficult to manage, and it may interfere with an individual’s ability to perform their job duties or lead a normal life. As such, many individuals suffering from borderline personality disorder may be entitled to long-term disability benefits if their condition prevents them from working full-time. However, insurance companies may be unwilling or unable to recognize borderline personality disorder as a valid medical condition for the purpose of approving long-term disability claims. This is where a long-term disability lawyer can help.

For those dealing with borderline personality disorder, obtaining long-term disability benefits can be a challenging process. It is essential to seek out expert legal assistance to ensure that you receive the full disability benefits you are entitled to. Lalande Personal Injury Lawyers have experience dealing with borderline personality disorder cases and can provide professional representation for your claim.

Since 2003, Hamilton long-term disability lawyer Matt Lalande has recovered tens of millions in wrongfully denied long-term disability benefits for disabled claimants who were going through the worst times of their lives. Stop struggling with a faceless insurance company — and call our Hamilton disability lawyers to get your free consultation today. We represent claimants all over Ontario and can help you get your long-term disability benefits back on track.

Our consultations are 100% free – and if you decide to work with our Hamilton disability lawyers, the fee is free. We do not charge our clients anything unless we win their case. We are happy to provide you with the legal advice you need for you to make an informed decision about your own particular situation. Call us no matter where you are in Ontario at 905-333-8888. Alternatively, you can send us a confidential email through our website – and we would be happy to explain your long-term disability rights and legal options to you, at no cost.

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