Attention Deficit Hyperactivity Disorder, or ADHD, affects millions of Canadians. While often associated with children, ADHD frequently persists into adulthood, impacting a person’s ability to focus, organize tasks, and maintain steady employment. As a disability lawyer, I’m often asked, “Is ADHD considered a disability in Canada?” I’ve witnessed firsthand the challenges that individuals with ADHD face when seeking short-term (STD) and long-term (LTD) disability benefits. Understanding your rights is essential.
ADHD as a recognized disability
Yes, ADHD is considered a disability in Canada. The Canadian Human Rights Act protects individuals from discrimination based on disabilities, including ADHD. Employers are required to provide reasonable accommodations to help those with ADHD perform their duties effectively. This can include flexible work hours or different tasks.
However, when it comes to STD and LTD benefits, a medical diagnosis alone doesn’t guarantee approval. Disability benefits programs typically assess the severity of the condition and its impact on your ability to work. To qualify for benefits, you must show that your ADHD causes a level of impairment that meets the specific criteria outlined in your disability benefits plan.
READ MORE: 5 things every employee should know about long-term disability and how to get benefits
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The challenges of proving ADHD in disability claims
Proving ADHD as a disabling condition in the context of a disability claim can be challenging. Insurance companies are often skeptical of mental health conditions, including ADHD, and may argue that it doesn’t rise to the level of a disability. This skepticism leads to many claim denials.
To successfully claim disability benefits for ADHD, comprehensive medical documentation is crucial. This includes a diagnosis from a qualified healthcare provider such as a psychiatrist, psychologist, or neuropsychologist who can confirm that ADHD significantly impairs your ability to work. Additionally, documentation should detail the specific ways in which ADHD affects your job performance and overall functioning.
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Common pitfalls in ADHD disability claims
A common issue in ADHD-related disability claims is the assumption that medication fully controls the symptoms. Insurers might argue that if you’re on medication, you should be able to work. However, while medications can help, they’re not a cure-all. Many individuals continue to struggle despite treatment, and side effects can sometimes worsen the condition.
Another pitfall is the variability of symptoms. ADHD doesn’t present consistently; some days are better than others. Insurers may use these ‘good’ days to argue you can work, but it’s crucial to demonstrate that the overall impact of ADHD remains debilitating despite occasional improvements.
What to do if your claim is denied
If your claim for STD or LTD benefits due to ADHD has been denied, don’t lose hope. Many denials are based on incomplete information or misconceptions about the condition. This is where getting legal help can make a big difference.
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At Samfiru Tumarkin LLP, we’ve helped numerous clients successfully appeal denied claims for ADHD and other mental health conditions. We understand the strategies that insurance companies use to deny claims and how to effectively counter them. For instance, I recall working with a client whose benefits were denied because the insurer claimed their ADHD was “manageable” with treatment. We gathered additional medical evidence, including reports from specialists highlighting the ongoing challenges faced despite treatment. Ultimately, we secured the benefits they deserved.
Discover your rights and take action
If you’ve been denied disability benefits for ADHD or have any questions about how your insurer is handling your claim, don’t navigate this challenging situation alone. Contact my team to understand your rights, gather the necessary evidence, and get the financial support you are owed.
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Our firm specializes in assisting individuals across Canada who have been denied short-term and long-term disability benefits. We frequently resolve these claims efficiently and successfully, helping many clients, including Sandra Bullock and Julie Austin, get the support they need.
At Samfiru Tumarkin LLP, we offer free consultations to help you find the best path forward. Your health and well-being are too important to leave to chance.
Concerns about how the insurance company is handling your disability benefits for ADHD? Has your STD or LTD claim been denied?
Contact the firm or call 1-855-821-5900 for a free consultation with a disability lawyer. We help Canadians across all provinces (excluding Quebec). Get the advice you need and the compensation you deserve.
Sivan Tumarkin is a disability lawyer a co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in long-term disability and employment law claims. The firm provides legal insight on Canada’s only Disability Law Show on TV and radio.