Invisible illnesses, also known as hidden disabilities, are conditions that can significantly affect an individual’s ability to function, even though their symptoms may not be obvious to others. These conditions include autoimmune diseases like Sjögren syndrome, autoimmune hepatitis, Crohn’s disease, and ulcerative colitis, as well as serious mental health issues such as major depressive disorder, generalized anxiety disorder, and panic disorder. While these illnesses can be just as debilitating as visible conditions, they often face unique challenges when it comes to being understood and recognized, particularly by disability insurers.
One of the primary reasons invisible illnesses are difficult for insurers to fully grasp is because their effects can fluctuate. Autoimmune diseases, for example, can go through periods of remission where symptoms appear manageable, followed by sudden and intense flare-ups that render a person unable to work or perform daily activities. Crohn’s disease or ulcerative colitis, for instance, can be unpredictable, making it difficult to consistently demonstrate how these conditions impact someone’s ability to work. This inconsistency can lead insurers to underestimate the severity of the illness, as they often focus on the individual’s best days rather than the totality of their condition.
Mental health conditions present more difficult challenges. A person with major depressive disorder or severe anxiety may appear fine in short, isolated moments, but these conditions often have a profound and invisible impact on their daily life. Anxiety might prevent someone from leaving their home or engaging with others, while depression can make even basic tasks feel insurmountable. Because these conditions do not present with visible symptoms or clear-cut medical tests, insurers sometimes struggle to understand the full extent of the disability.
However, these challenges are not insurmountable. What is needed is a deeper understanding of the nature of these illnesses and better communication between claimants, healthcare providers, and insurers. One of the key steps in proving the existence and impact of invisible disabilities is comprehensive and consistent documentation. Medical histories, detailed physician reports, and personal statements can all play a crucial role in helping insurers understand the long-term and day-to-day challenges posed by conditions like autoimmune diseases and mental health disorders.
In the context of Ontario disability insurance, the distinction between total disability pre- and post-change of definition plays a crucial role in how claims are assessed. Initially, during the “own occupation” period, a claimant must prove they are unable to perform the specific duties of their own job due to their medical condition. However, after the change of definition—usually after 24 months—the requirement shifts to proving that the claimant is unable to perform the duties of any occupation for which they are reasonably suited by education, training, or experience. This change significantly raises the bar for claimants, making it more difficult to qualify for continued benefits.
For conditions like fibromyalgia, chronic fatigue syndrome, anxiety or depression, the challenge lies in providing the required level of evidence. Insurers in Ontario, as elsewhere, often place heavy emphasis on objective medical evidence such as blood tests, imaging, or other physical assessments to verify a disability. However, many invisible illnesses do not manifest in easily measurable ways. For instance, fibromyalgia does not typically present abnormalities in traditional medical tests, and chronic fatigue syndrome may involve symptoms that fluctuate, making it hard to capture in a single evaluation.
As a result, claimants need to rely heavily on subjective evidence such as detailed medical reports, physician statements, and documentation of how the condition affects their ability to function on a daily basis. During the “own occupation” phase, this may be easier to prove, as the focus is on the specific tasks of their current job. However, when the definition changes to “any occupation”, it becomes more challenging to demonstrate that the condition prevents the claimant from working in any reasonable capacity.
While insurers are not indifferent to these conditions, they often require more substantial proof during both phases of the definition change. With careful documentation, ongoing medical support, and legal expertise, these barriers can be navigated, allowing claimants to secure the benefits they deserve even after the change of definition. Working with an experienced disability lawyer can be crucial in helping claimants present a comprehensive case that adequately reflects the severity and impact of their condition.
When it comes to invisible disabilities—such as autoimmune diseases and mental health disorders—disability insurers often face difficulties in understanding the full impact of these conditions on a claimant’s ability to work. Conditions like Crohn’s disease, autoimmune hepatitis, fibromyalgia, and anxiety disorders can be just as debilitating as visible impairments, yet their subjective nature often leads to misunderstandings during the claims process. As a result, many legitimate claims for long-term disability benefits are unfairly denied.
One key reason for this disconnect lies in insurers’ reliance on objective medical evidence. Insurers typically evaluate claims based on clear, measurable data, such as blood tests, imaging results, or functional assessments. While these tools work well for many physical conditions, they often fall short when applied to invisible illnesses. For instance, conditions like fibromyalgia and chronic fatigue syndrome may not present detectable abnormalities on standard tests, even though they severely impact an individual’s ability to work. Similarly, mental health disorders such as major depressive disorder or generalized anxiety disorder are diagnosed based on clinical observations and self-reported symptoms, which are inherently more subjective.
This reliance on concrete evidence can make it difficult for claimants to meet the burden of proof required by insurers. Autoimmune diseases, for example, can have fluctuating symptoms. A person with Crohn’s disease may experience days or even weeks where their condition is manageable, followed by severe flare-ups that require hospitalization or prevent them from working. Insurers often focus on periods of apparent wellness, failing to account for the unpredictable nature of these illnesses. This can lead to a dismissal of the claim or an underestimation of the claimant’s disability.
Mental health conditions face an additional layer of misunderstanding due to the stigma that still surrounds them. Conditions like depression and anxiety can be incredibly disabling, affecting concentration, decision-making, and the ability to perform daily tasks. Yet because these conditions are invisible and vary in intensity, insurers may not fully appreciate the extent of the impairment. They may wrongly assume that, because the claimant is able to perform certain activities on occasion, their condition is not severe enough to warrant long-term disability benefits.
To overcome these challenges, claimants need strong, continuous documentation of their condition. Detailed medical records, including doctor’s notes, treatment histories, and personal accounts of how the illness affects daily life, are essential in demonstrating the full extent of the disability. Claimants should work closely with their healthcare providers to ensure that their medical documentation reflects the fluctuating and debilitating nature of their condition.
Also, disability insurance companies can sometimes misinterpret claimants’ social media activity as evidence that contradicts their medical conditions, especially in cases of invisible disabilities like major depressive disorder (MDD). The reality, however, is that symptoms of such conditions are rarely consistent, and brief moments of appearing “well” on social media do not reflect the daily struggles these individuals face.
For example, people with major depressive disorder often experience fluctuations in their symptoms. They may have periods where they are able to engage in activities, socialize, or even smile for a photo, while other times they are overwhelmed by fatigue, hopelessness, and an inability to function. Social media posts, which typically highlight positive moments, can easily be misinterpreted by insurers as evidence that the claimant is not as impaired as they claim. An insurer might argue that if a claimant can appear happy in a photo or attend a social event, they are not suffering from a debilitating condition.
However, this overlooks the fact that MDD, like many other mental health conditions, is unpredictable. People may mask their symptoms in public or on social media, but that doesn’t mean they are not suffering intensely in private. What’s more, the desire to maintain relationships or appear “normal” can compel people with depression to engage in certain activities, even if it exhausts them or exacerbates their condition afterward. Social media posts are a snapshot in time and do not capture the full reality of someone’s day-to-day experience with depression.
Moreover, people often curate their social media to portray a certain image, which may not accurately reflect their mental health. Insurers may misinterpret a single post or a brief moment of activity as evidence of inconsistency, but these posts fail to show the complexities of the claimant’s condition, including how they might suffer silently or behind the scenes.
In cases where insurers use social media against claimants, it’s important to present medical evidence that demonstrates the full scope of the illness, including the variability of symptoms. Statements from treating physicians, therapy records, and personal accounts of how the condition affects the claimant’s daily life are crucial in providing a comprehensive understanding of the illness, beyond the misleading impressions that social media can sometimes create.
This highlights the importance of experienced legal representation when dealing with disability insurers, as lawyers can help ensure that claimants’ conditions are properly understood and not unfairly judged based on incomplete or superficial social media impressions.
Proving total disability under a long-term disability policy is a significant challenge, especially when dealing with invisible injuries such as chronic pain, fibromyalgia, or mental health conditions like depression and anxiety. Under Canadian long-term disability insurance policies, the onus is on the claimant to prove that their condition meets the policy’s definition of total disability, both before and after the change of definition—a critical point in the process.
In long-term disability claims, the burden of proof rests with the claimant. This means that it is the claimant’s responsibility to provide sufficient evidence that their medical condition prevents them from working. While visible injuries such as physical impairments can often be supported with objective evidence like imaging or blood tests, invisible injuries—which lack clear physical markers—require careful and strategic documentation to meet the policy’s definition of total disability.
To successfully prove total disability, claimants must work closely with their healthcare providers to ensure that their medical records clearly describe the nature, severity, and functional impact of their condition. This includes ongoing symptoms, treatments, and how the condition prevents the claimant from performing their work duties. Insurers are often skeptical of conditions that don’t present obvious, measurable symptoms, making thorough documentation essential.
One of the key aspects of a long-term disability policy is the change of definition that typically occurs after 24 months of benefits. During the first 24 months (the own occupation period), claimants must demonstrate that they cannot perform the duties of their own specific job or occupation due to their condition.
However, after the change of definition, the standard becomes more stringent. At this point, to continue receiving benefits, the claimant must prove they are unable to perform any occupation for which they are reasonably suited, based on their education, training, and experience. For claimants with invisible disabilities, this transition can be particularly challenging, as insurers may argue that the claimant could still perform less physically or mentally demanding work, even if they can no longer fulfill the responsibilities of their previous job.
For instance, a person suffering from fibromyalgia may no longer be able to perform a physically demanding job, but an insurer might contend that they can take on a desk job, even if the claimant’s pain or fatigue is debilitating across all job types. This is why ongoing, detailed medical evidence is crucial to show that the claimant cannot perform any occupation—not just their previous job.
To meet the stringent requirements of a long-term disability policy, especially after the change of definition, claimants must provide comprehensive evidence of their condition’s impact. This includes:
In conclusion, proving total disability for invisible injuries requires careful navigation of both the pre-and post-change of definition phases. Claimants must be proactive in gathering detailed medical evidence, demonstrating their condition’s impact on both their current and future work capacity, and ensuring they meet the evolving definition of total disability under their policy. Working with a disability lawyer can be invaluable in helping to build a strong case that reflects the full scope of the claimant’s invisible injury and their inability to work in any reasonable occupation.
If your long-term disability claim for an invisible condition has been denied or your benefits have been cut off, hiring a disability lawyer can be a crucial step in securing the support you need. Navigating the appeals process with an insurance company can be complex, especially when dealing with invisible disabilities like fibromyalgia, chronic pain, or mental health disorders. A lawyer experienced in disability law can provide the guidance, advocacy, and expertise necessary to strengthen your case and give you the best chance at a successful outcome.
Disability lawyers understand the nuances of long-term disability policies and the legal obligations of insurance companies. They are well-versed in the specific definitions of total disability in policies, including distinctions like the “own occupation” and “any occupation” standards, which often change after 24 months. Many claimants are unaware of these complexities, but an experienced lawyer can help interpret these clauses and ensure you meet the necessary legal requirements for continuing benefits.
For invisible disabilities, where objective medical evidence may not exist, a lawyer can help you gather the appropriate documentation and present it to align with your policy’s specific requirements. They can work with your healthcare providers to ensure medical reports clearly articulate how your condition prevents you from working, both in your own occupation and any other reasonable employment.
At our law firm, our long-term disability lawyers play a crucial role in advocating for the rights of individuals with disabilities and helping them secure the benefits they are entitled to in Canada. Our lawyers have a deep understanding of the complex legal framework surrounding disability claims in Canada, including the various insurance policies and government programs available to claimants.
One of the key strengths of our long-term disability lawyers is their ability to build a strong case for our clients with proper medical evidence and medical experts as well as gathering evidence and testimony to support our clients’ claims.
When a case proceeds to trial, our lawyers’ role becomes even more critical. We will develop a comprehensive trial strategy that highlights the strengths of our client’s case and addresses any potential challenges. Throughout the trial, our disability lawyers will fiercely advocate for our clients, presenting evidence, examining and cross-examining witnesses, and making compelling arguments before a judge.
In addition to our expertise in legal proceedings, our long-term disability lawyers also provide invaluable support and guidance to our clients throughout the entire process. We can help claimants understand their rights and make informed decisions about their case. By working closely with our clients and understanding their unique needs and circumstances, our lawyers can help ensure that individuals with disabilities receive the full scope of benefits they are entitled to under Canadian law. With the help of our skilled long-term disability lawyers, claimants in Canada can navigate the complex legal system with confidence and focus on their health and well-being.
Insurance companies are large organizations with vast resources dedicated to defending claims. Without legal representation, claimants are often at a significant disadvantage when dealing with insurance adjusters and legal teams. By hiring one of our disability lawyers, you gain an advocate who can level the playing field, ensuring that your case is treated with the fairness and attention it deserves.
In summary, when your long-term disability claim for an invisible injury has been denied or cut off, a disability lawyer can make all the difference. Their expertise, negotiation skills, and commitment to your case can help ensure you receive the benefits you are entitled to, allowing you to focus on your health and well-being.
When faced with the daunting challenges of securing long-term disability benefits for invisible injuries, it’s essential to have a strong advocate in your corner. Lalande Disability Lawyers understand the unique struggles that come with documenting and proving the impact of unseen conditions on your ability to work and maintain a quality of life. With their extensive experience and deep understanding of the complex legal landscape surrounding long-term disability claims, Lalande Disability Lawyers are equipped to navigate the skepticism and hurdles often posed by insurance companies.
Invisible injuries, such as chronic pain, mental health conditions, or neurological disorders, can be just as debilitating as visible disabilities, yet they often face greater scrutiny and misunderstanding. Lalande Disability Lawyers recognize the legitimacy of these conditions and work tirelessly to gather the necessary medical evidence, expert testimonies, and personal narratives to build a compelling case on your behalf. By focusing on the ways in which your invisible disability affects your daily functioning, work capacity, and overall well-being, they aim to secure the long-term disability benefits you rightfully deserve.
Don’t let the invisibility of your condition deter you from seeking the support and financial assistance you need. With Lalande Disability Lawyers by your side, you can feel confident that your case is in capable hands, and that your struggles are being validated and fought for every step of the way.
If you’ve been wrongfully denied your disability benefits, we understand the uncertainty and stress this can cause. At Lalande Disability Lawyers, we focus on helping clients navigate the complexities of insurance disputes to recover the benefits they’re entitled to.
Since 2003, we’ve been helping claimants whose disability benefits have been stopped or denied. Please don’t hesitate to call us, no matter where you are in Canada, at 1-844-4-Disability or send us a confidential email through our website – and we’ll set up a meeting to explain disability rights and legal options at no cost to you.
Remember, our consultations are 100% free, and if we work together, you don’t pay legal fees unless we win your case.
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Invisible disabilities are medical conditions that do not show outward signs but significantly impact daily life, such as fibromyalgia or anxiety.
Invisible disabilities lack objective medical evidence, as symptoms like pain or fatigue are hard to measure with standard tests, making them harder for insurers to validate.
Insurers typically look for objective evidence, which can be challenging for conditions without clear diagnostic markers, leading to claim denials.
Insurance companies often deny claims due to insufficient evidence or misunderstanding the fluctuating nature of conditions like chronic pain or mental health disorders.
Comprehensive and consistent medical documentation is crucial in proving how an invisible disability affects your ability to work.
A lawyer can help gather necessary evidence, navigate complex insurance policies, and present a stronger case for your claim.
Provide thorough documentation, including medical records and functional assessments, to show how your condition impacts your ability to perform any occupation.
“Matt Lalande halped get my long-term disability benefits back. It was a longer fight than expected, but he managed to help make things right again. Would recommend A+++++ Thank you Matt.”
Patricia Williamson
Long-Term Disability
“Matt Lalande helped me attain my long-term disability benefits. The denial of benefits caused me substantial stress on top of my existing condition. Matt Lalande and his team were very understanding and explained the whole process clearly. They were confident that we would be successful. Dealing ...
Cheryl Oddie
Long-Term Disability
My experience with Mr. Matt Lalande and his team was exceptional. Matt is a very impressive professional when involved in a long-term disability benefits denial. Matt and Heather responded to all my emails and phone calls in a prompt and efficient manner. Matt is a great and honest lawyer. I highly reco...
Payne Momich
Long-Term Disability
