How Can I Get Long-Term Disability Benefits for Depression & Anxiety?

Getting Long-Term Disability Benefits for Depression & Anxiety

In our experience as disability lawyers, depression and anxiety are not merely fleeting emotions but serious mental health disorders that can profoundly disrupt a person’s life. The perpetual feelings of sadness, hopelessness, and overwhelming worry characteristic of these conditions can be completely debilitating. Simple tasks may become insurmountable, and activities once enjoyed might lose all appeal. The isolating nature of depression and anxiety can strain relationships with friends and family and even affect professional life, leading to a downward spiral that is incredibly challenging to reverse.

Treatment requires concerted effort and professional help, but even with support, the road to recovery can be long and arduous, forever changing the lives of those affected.

Below, our Hamtilon long-term disability lawyers offer insight into depression and anxiety, how they can interfere with work and how to get long-term disability benefits for these life-altering chronic conditions.

Remember – if you’ve been denied long-term disability benefits, call us today. Our Hamilton long-term disability Lawyers have recovered millions for disability claimants throughout Ontario since 2003. Call us today no matter where you are in Ontario at 1-844-LALANDE or local throughout Southern Ontario at 905-333-8888. Alternatively, you can send us a message through our website and our intake specialist will get right back to you.

What is Major Depressive Disorder? (MDD)

Major Depressive Disorder (MDD), or clinical depression, is a condition detailed in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-V) but is much more than a medical term. It represents a deeply personal and often hidden struggle that many individuals face.

Major depression can engulf a person’s life, leaving them feeling isolated and trapped in a relentless cycle of sadness, despair, and loss of enjoyment in once-cherished activities. The distinction between clinical depression and the general feeling of being “depressed” is vast, as the former is a chronic and debilitating condition that requires professional intervention.

What are Some Symptoms of Major Depressive Disorder?

Major depressive disorder can come with a variety of symptoms, and not every individual will feel exactly the same. However, these are some of the common symptoms we see from the disorder:

• Persistent feelings of sadness, emptiness, or hopelessness
• Loss of interest or pleasure in activities once enjoyed
• Significant weight loss or gain, or changes in appetite
• Insomnia or hypersomnia
• Fatigue or loss of energy
• Feelings of worthlessness or excessive guilt
• Diminished ability to think, concentrate, or make decisions
• Recurrent thoughts of death or suicide

At least five of these symptoms must be present during the same two-week period to meet the criteria for a diagnosis of Major Depressive Disorder.

The Difference Between Clinical Depression & Major Depression

Clinical depression and Major Depressive Disorder (MDD) are terms that are often used interchangeably, and in most contexts, they refer to the same mental health condition. Both describe a mental disorder characterized by persistent feelings of sadness, loss of interest in activities, and various other symptoms that interfere with daily life.

The term “Major Depressive Disorder” is the formal diagnostic label used in the mental health profession, particularly as defined in diagnostic manuals like the Diagnostic and Statistical Manual of Mental Disorders (DSM). It has specific diagnostic criteria that must be met for a diagnosis.

“Clinical depression,” on the other hand, is a more general term that is often used in clinical settings and by the general public. It refers to the same condition but does not necessarily invoke the specific diagnostic criteria of the DSM.

In essence, while there might be slight variations in connotation and context between the two terms, they both describe a serious and debilitating mood disorder that requires professional treatment. The choice of term may depend on the context and audience, with “Major Depressive Disorder” typically used in more formal or clinical settings and “clinical depression” used more broadly.

What Causes Clinical Depression?

Many things can cause clinical depression, including both internal and external factors. Some of the most common causes include:

• Genetic Factors: A family history of depression may indicate a genetic link, which would increase the risk.
• Biochemical Imbalances: Altered levels of neurotransmitters like serotonin and dopamine play a role in mood regulation, and imbalances may contribute to depression.
• Environmental Triggers: Stressful life events, trauma, and chronic stress can initiate or exacerbate depression.
• Psychological Factors: Personality traits, coping strategies, and cognitive factors may make some individuals more vulnerable to depression.
• Medical Conditions: Chronic illnesses, hormonal imbalances, and certain medications can lead to or worsen depression.
• Socioeconomic Factors: Poverty, social isolation, and lack of support can also contribute to the onset or worsening of clinical depression.

How Does Depression Interfere With Work?

Contrary to what some believe, an individual with depression or anxiety can’t just “turn off” their symptoms when they get to work every morning. Symptoms of depression are never-ending and accompany you wherever you go. Because of this, many depressed employees are vulnerable to adverse work outcomes such as poor performance and even job loss.

Depression can lead to a variety of emotional and physical problems that can decrease your ability to function both at work and at home.

Some of the most common ways in which depression can interfere with work include:

1. Loss of Interest and Motivation: A hallmark symptom of major depression is a loss of interest in once-enjoyed activities, which can extend to work tasks. This lack of motivation can lead to procrastination, difficulties starting or completing projects, and an overall decline in productivity.
2. Fatigue and Lack of Energy: Constant feelings of fatigue can make even simple tasks seem overwhelming. This exhaustion can slow the work pace, reduce efficiency, and lead to mistakes.
3. Difficulty Concentrating and Making Decisions: Major depression can affect cognitive functions, making it hard to concentrate, process information, and make decisions. This can lead to difficulties in problem-solving, planning, and executing tasks, which are essential in most work environments.
4. Changes in Sleep Patterns: Insomnia or hypersomnia (sleeping too much) can disrupt a healthy work-life balance. Lack of sleep may lead to irritability, further difficulties in concentration, and impaired judgment while oversleeping may lead to tardiness or absenteeism.
5. Emotional Challenges: Persistent sadness, hopelessness, or irritability may affect interpersonal relationships at work. Colleagues and supervisors may find it challenging to communicate with or understand a person suffering from major depression, leading to potential conflicts or misunderstandings.
6. Physical Symptoms: Changes in appetite and weight and other physical symptoms, such as headaches or digestive problems, can further affect an individual’s overall well-being and the ability to perform at work.
7. Thoughts of Death or Suicide: In severe cases, recurrent thoughts of death or suicide can become all-consuming, making it nearly impossible to focus on work or maintain a sense of purpose in professional life.
8. Overall Performance Decline: The cumulative effect of these symptoms can lead to a noticeable decline in overall work performance, including missed deadlines, increased errors, frequent absences, or withdrawal from work responsibilities.
9. Social Withdrawal: Depression often leads to withdrawal from social interactions, which can have implications for teamwork, collaboration, and networking within a professional setting.

Anxiety Disorders: Are They the Same as Depression?

Similar to depression, anxiety disorders are debilitating conditions which can interfere with a person’s overall functioning, including their ability to work. Although it shares some qualities with depression, it is an entirely different mental health diagnosis. Anxiety disorders are typically characterized by excessive and persistent worry, fear, and nervousness that interfere with daily activities.

These feelings often occur without a clear reason and may be intense, making regular tasks challenging. Anxiety disorders encompass various specific types, such as Generalized Anxiety Disorder (GAD), Social Anxiety Disorder (SAD), and Panic Disorder, each with unique symptoms and triggers. Unlike normal feelings of anxiety that everyone experiences at times, anxiety disorders can lead to significant distress and dysfunction, requiring professional treatment like therapy or medication to manage effectively.

Lastly, anxiety disorders may be associated with severe, long-term depression, eating
disorders, increased hospitalization, comorbid dependency disorders with alcohol or drugs, and increased suicide rates. The following are some of the more common types of anxiety disorders seen by our Long-Term Disability Lawyers:

General Anxiety Disorder. This is a chronic mental health condition characterized by persistent and excessive anxiety and worry about various aspects of daily life, such as work, health, family, or finances, even when there is little or no reason to worry about them. The anxiety is often difficult to control and may be out of proportion to the actual likelihood or impact of the feared event.

The worry normally lasts at least six months; a person almost always anticipates the worst, even though there is little reason to expect it. GAD is often accompanied by physical symptoms such as fatigue,
trembling, muscle tension, headache, nausea or Temporomandibular Joint Syndrome (TMJ).

Individuals with GAD may find it hard to stop worrying, and their worries may shift from one concern to another. Continuous worry can interfere with daily functioning, leading to physical symptoms such as restlessness, difficulty concentrating, irritability, muscle tension, and sleep disturbances.

Obsessive Compulsive Disorder. Often beginning in childhood, OCD is characterized by repeated,
intrusive, and unwanted thoughts that seem impossible to control, linked to ritualized behaviour. Compulsive behaviours can include actions like handwashing, checking things repeatedly, or mental acts like counting. These rituals can be time-consuming and interfere significantly with daily functioning and relationships. The essential features are recurrent obsessions or compulsions that are time-consuming (more than one hour per day) or that cause marked distress.

Panic Disorder. This is a disorder that causes a person to suffer panic attacks or sudden helpless feelings of terror that strike repeatedly and without warning. Physical symptoms of these episodes include chest pain, heart palpitations, breathing difficulty, dizziness, generalized body discomfort, feelings of unreality and fear of dying. Panic attacks can be caused by medical conditions like hyperthyroidism and cardiac conditions.

Substance abuse (intoxication with stimulants such as caffeine, cocaine or amphetamines) or withdrawal from depressants like alcohol can also induce panic attacks. One of the most troubling aspects of Panic Disorder is that sufferers may have a continuing fear that they will have a panic attack, thus causing them to avoid situations which are perceived to cause the attacks. This can lead to agoraphobia, a fear of going into places that might cause panic attacks.

PTSD. This very serious anxiety disorder is caused by experiencing one or more extremely traumatic incidents, such as first responder situations or a serious life-changing car accident. PTSD also may
occur when a person has been “in association with an interpersonal stressor” over some time. (DSM-IV-TR) Those who may develop post-traumatic stress disorder include survivors of rape, domestic abuse, and childhood sexual or physical abuse.

PTSD symptoms include persistent anxiety, rage, excessive aggression, depression, emotional numbing (“blunting” or denial of feelings), risky behaviour, hypervigilance, self-mutilation, feeling “out of body,” “magical thinking,” short or long-term memory loss, panic attacks, flashbacks, sleep disturbances, and eating or elimination disorders.

PTSD may co-occur with substance abuse, anxiety disorders, depression or dysthymia. Some symptoms of PTSD may be mistaken for other disorders: panic attacks, visual hallucinations (Schizophrenia), compulsive behaviours, regression (Dissociative Identity Disorder), lack of concentration (Attention Deficit Disorder), or “sexualized” or suicidal behaviours (Borderline Personality Disorder).

Social Anxiety Disorder. Individuals with social phobia have an intense, chronic fear of being watched
and judged by others and of being humiliated by their actions. They often worry for days or weeks in advance of a dreaded situation. Physical symptoms include blushing, profuse sweating, trembling, nausea, and difficulty talking. The disorder typically begins in childhood or early adolescence. The typical age of onset is 13 years old. Social phobia occurs in women twice as often as in men, although from what we have seen as long-term disability lawyers, more men seek help for this disorder.

How do Anxiety Disorders Interfere With work?

Severe anxiety disorders can have profoundly negative effects on a person’s ability to work by impacting cognitive function, physical health, social interaction, and overall mental well-being. These symptoms can reduce job performance, lead to increased absenteeism, and may result in the need for long-term disability benefits if the condition cannot be effectively managed.

Some of the most significant ways anxiety can impact one’s ability to work include:

1. Cognitive Impairment: Severe anxiety disorders can cause cognitive impairments such as poor concentration, difficulty in decision-making, and memory problems. This can lead to reduced productivity, increased errors, and difficulty managing tasks requiring sustained attention and focus in a work setting. A person may find it challenging to complete assignments on time or maintain the quality of work expected.
2. Physical Symptoms: Anxiety disorders often manifest with physical symptoms like fatigue, headaches, muscle tension, and digestive problems. These physical ailments can make it challenging for the individual to perform their job effectively, especially if it requires physical exertion. Chronic physical discomfort may also lead to increased absenteeism.
3. Social Interaction: Many jobs require interaction with colleagues, clients, or the public. Social anxiety disorders can cause excessive fear and discomfort in social situations, which can affect communication and collaboration. This can be particularly detrimental in jobs that rely heavily on teamwork or customer interaction.
4. Avoidance Behaviors: Anxiety disorders can lead to avoidance behaviours, where an individual might avoid certain situations or tasks that trigger anxiety. This avoidance can limit their ability to perform essential job functions and might even lead to a refusal to go to the workplace.
5. Performance Anxiety: Severe anxiety can cause individuals to worry about their performance, leading to a fear of failure or judgment by other people or co-workers. This performance anxiety can create a self-induced cycle where the fear of failure leads to actual failure or underperformance.
6. Impact on Mental Well-being: Over time, the chronic nature of anxiety disorders can wear down an individual’s mental resilience. This can lead to other mental health issues like depression, further exacerbating the impact on occupational functioning.

How Can I Get Long-Term Disability Benefits for Depression & Anxiety?

Many with anxiety and depression experience severe and persistent life-altering symptoms that not only prevent them from working but require professional intervention to mitigate and heal. In these cases, many individuals would be eligible for long-term disability benefits.

Long-term disability benefits are designed to assist premium-paying clients during a period of need. They are designed to replace the income of a sick or injured individual who cannot perform the substantial duties of their job.

For two years, this is the definition of “total disability” that claimants must prove they meet.

After 2 years, most long-term disability benefit policies provide for a change in definition. This means that the qualifying definition changes from being unable to perform the duties of your own job to any job. Your “own” job is the one you had at the time of becoming injured or disabled. If your condition prevents you from performing this job’s substantial and essential duties, even with reasonable accommodations, you are eligible for long-term disability benefits.

At the two-year mark, you must prove that your condition prevents you from doing any job you are equipped with through training, education, and experience. This doesn’t mean you must be able to do any old job, but the definition does expand. For example, an individual with severe anxiety who previously worked in a high-pressure customer service job may be able to take on a quiet office job in the same industry. However, this is often not the case, and many individuals remain unable to work anywhere suitable, even after two years.

Many individuals our long-term disability lawyers help often suffer such debilitating depression that they become entirely unemployable in any capacity. Although depression and anxiety can debilitate a person at any age, many of our clients seem to face even deeper depression when their children are at the cusp of independence and no longer need their parents as much. This leaves more time for a busy parent to reflect and assess life.

Other reasons are that adults in their middle years often begin to face chronic health conditions, loss of loved ones, and social isolation – all of which can contribute to feelings of sadness and hopelessness. Lifestyle changes, such as becoming empty nesters, can lead to a loss of purpose for some. There are many social challenges associated with aging into midlife, which can lead to an increase in depressive symptoms, although aging itself does not directly cause depression.

Unfortunately, the “invisible” nature of depression and anxiety can make it challenging to be approved for long-term disability benefits. Insurers often question the legitimacy and severity of these conditions and will deny or terminate long-term disability benefits despite the claimant needing them unequivocally.

This is where the help of an experienced Hamilton long-term disability lawyer becomes invaluable. We have extensive experience navigating these cases and can help you build a strong case through compelling medical evidence and other helpful documentation.

In summary, you can access long-term disability benefits for conditions like depression and anxiety if they prevent you from working. However, you must remember that the onus is on you to prove that your condition prevents you from performing the essential duties of your job.

Applying for Long-Term Disability for Depression & Anxiety

Applying for long-term disability benefits in Canada involves a multi-step process that requires careful attention to the specific requirements of your specific policy. Some aspects of a long-term disability policy can be confusing, so please don’t hesitate to contact our Hamilton long-term disability lawyers if you require help or clarification regarding the terms or your rights.

• Elimination Period: Before applying for long-term disability benefits, you typically must get through an “elimination” or waiting period. This is a pre-determined amount of time, usually between 90 to 120 days, during which you must be continuously disabled. The elimination period acts as a threshold to ensure that the disability is indeed long-term. During this time, claimants might be eligible for short-term disability benefits or Employment Insurance sickness benefits to tide them over.
• Applying: If you are part of a group health plan through your employer, you must apply for long-term disability through your benefits administrator. They will provide the necessary forms and guide you through the process. If you purchased an individual policy, you must apply directly to your disability insurer. In this case, you should contact the insurer directly and request the necessary forms and instructions.
• Medical Evidence: As part of the application process, you must submit an attending physician statement. This document is completed by your treating doctor and contains detailed information about your medical condition, treatment plan, and the nature and extent of your disability. It is crucial evidence that helps the insurer evaluate your claim. Depending on the insurer’s requirements, you may also need to submit other medical records, such as your GP’s clinical records, hospital records, diagnostic reports, lab results and specialist records. Our Hamtilon long-term disability lawyers can help you understand and acquire precisely what you need.
• Additional Requirements: Individual disability insurers may have specific requirements based on the policy and the nature of the disability. These might include:
  
  • Functional Capacity Evaluations: Assessments to determine your physical and mental abilities related to your occupation.
  • Ongoing Communication and Updates: Regular communication with the insurer, providing updates on your condition, treatment, and any attempts to return to work.
  • Information about Other Benefits: Most insurers will require information regarding any other income benefit you are receiving, such as Canada Pension Plan (CPP) disability benefits or Workers’ Compensation.

Applying for long-term disability benefits in Canada requires careful navigation through the elimination period and understanding the application process. Depending on whether you are part of a group health plan or have an individual policy, you must gather and submit thorough medical evidence and adhere to any specific requirements laid out by the disability insurer. It may be wise to consult with one of our Hamilton long-term disability lawyers to ensure all steps are correctly followed, as the process can be complex and vary between insurers and policies.

Denied Long-Term Disability Benefits for Depression & Anxiety? Call our Hamilton Disability Lawyers Today for a Free Consultation. We serve All of Ontario.

Denial of benefits is not the end of the road. If you’ve been denied long-term disability for depression & anxiety, you must contact our Hamilton long-term disability lawyers to discuss your situation. Often, disability adjusters fail to properly adjudicate claims in a meaningful and helpful way, especially at the two-year mark. Even after being denied, you still have rights. There are steps you can take to overturn this decision if it was truly wrongful. Please contact our Hamilton long-term disability lawyers for advice and guidance.

We represent disability claimants all over Ontario, and our disability lawyers can help you get the compensation you deserve. 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 to make an informed decision about your particular situation.

Call us no matter where you are in Ontario at 1-844-LALANDE or local in the Southern Ontario region 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.