If you’re suffering from depression or seasonal affective disorder (SAD), you are not alone.
Depression and SAD are extremely common this time of year, and pandemic-related stresses aren’t helping. The Canadian Mental Health Association recently said it had seen an increase in people asking for help with the so-called winter blues.
According to the Centre for Addiction and Mental Health, signs of SAD include many symptoms similar to depression, such as feeling sad or down most of the day, sluggishness, fatigue, increased irritability, trouble sleeping and poor appetite.
What can you do when these feelings start to affect your ability to work? As a disability lawyer, I recommend that clients apply for long-term disability (LTD) benefits if their mental health issues prevent them from doing their jobs.
Here are five steps you need to take to apply for LTD benefits.
READ MORE: What to know about your long-term disability rights in the age of COVID-19
1. Speak to your doctor
If your symptoms have an impact on your ability to work, ask your doctor if they can recommend a treatment that might help alleviate these symptoms. Your doctor may also be able to refer you to a specialist for treatment.
2. Speak to your employer
If your symptoms persist, or if you don’t feel capable of working, even on a part-time basis, talk to your employer. You can ask for some time off or for accommodations to help you perform your duties.
3. Find out whether you can apply for disability benefits
Many people have access to disability insurance through their work, in the form of private insurance policies that cover them for short- and long-term disabilities.
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If you have paid monthly premiums for short-term disability (STD), salary continuance or LTD, then you should have insurance coverage for disability benefits.
If you do not know whether you have paid premiums or not, but your employer provided you with a benefits package that contains disability language, it is highly likely you have coverage for disability benefits. If you are still not sure, ask your employer or HR representative.
If you do not feel capable of working due to your condition and you are covered by insurance benefits, consider applying for STD or LTD as soon as possible. Your employer or HR representative can provide the forms you need to apply.
4. Apply for disability benefits
There are usually three forms required to apply: the attending physician’s statement, which is a medical status form that your family doctor can fill out in support of your disability benefits application; the plan sponsor statement, which is a form your employer will fill out; and the plan member’s statement, which you’ll need to fill out explaining why you cannot work.
READ MORE: ‘Get full support from your doctor’: Disability lawyer’s guide to making insurance claims
In the plan member’s statement, you will need to explain why you can’t work from a functional perspective.
In my experience, it’s usually not enough to simply say that you experience SAD or suffer from depression. Some people can work with depression while others can’t.
You’re much more likely to be approved for LTD if you can explain how your condition impacts your ability to work and your functionality. For instance, if your depression impacts your motivation and your cognition, you should say that. If you find it difficult to get out of bed or are unable to focus for more than five minutes, you should let the insurance company know that. Your doctors should also be writing something along the same lines.
To be approved for disability benefits, you must establish that your condition prevents you from doing the tasks of your job. Your chances of being approved improve if you submit letters from as many treatment providers as you can. Each letter should make the connection between your condition and your impaired functionality.
READ MORE: 4 reasons why long-term disability claims are rejected, and how to fight back
5. Take action if your disability claim is denied or you’re not getting answers
Just because your claim was denied does not mean it’s not legitimate.
I’ve spoken to thousands of people about their claims and have seen just how often insurers make the wrong decision about disability applications.
In nearly all cases, if you are incapable of working and you have the support of your medical team, a disability lawyer, like those on the team at Samfiru Tumarkin LLP, will be able to successfully fight your claim.
If your claim is denied, the first thing to do is ask the insurer for a denial letter. Next, talk to a disability lawyer who regularly handles disability claims. Most firms, including mine, will answer questions free of charge, no matter where you are in the process.
READ MORE: Fighting a disability claim denial during COVID-19? Here’s how to choose the right lawyer
In some cases, insurers take months to respond to applications for disability benefits. If your insurer has not provided you with a decision and an unreasonable amount of time has passed, it can sometimes help to have a lawyer write to that insurer demanding a response.
Has your long-term disability claim for mental health issues been denied?
Contact the firm or call 1-855-821-5900 to secure assistance from a long-term disability lawyer in Ontario, Alberta or British Columbia. Get the advice you need — and the compensation you deserve — from the most positively reviewed disability law firm in the country.
Albert Klein is a disability lawyer and partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. The firm provides free advice as a host of Canada’s only Disability Law Show on TV and radio.