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Can You Receive Disability for Mental Illness?

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Can You Receive Disability for Mental Illness?

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
disability for mental illness

According to the Mental Health Commission of Canada, one out of every five Canadians will experience mental illness during some time in their life. Other studies place that number at closer to 40 percent. What’s more, approximately 17 percent of all Canadians taking time away from work to address mental health challenges. The good news is that disability for mental illness is available. The bad news? These claims are widely misunderstood by employers and frequently denied on bogus grounds. Understanding these claims could go a long way towards getting the benefits you need. An experienced lawyer could also help ensure your claim is treated fairly.

Benefits for Disability for Mental Illness

The first thing to understand about recovering disability for mental illness benefits is that every insurance policy defines mental illness differently. In other words, what qualifies as a disability for one carrier might not for another. Generally speaking, benefits could be available for someone who is unable to maintain employment due to their mental health issues. The insurance company will not simply take your word for it, however. Your doctor will need to provide ample documentation to convince the insurance company that your condition is real. If successful, you could recover short term or even long-term disability benefits.

Short Term Disability for Mental Illness

Short term disability is aptly named. If your employer has coverage, you could receive short term disability for mental illness for up to six months at a time. These benefits are common when your healthcare provider anticipates you will be able to return to work. In some cases, you could receive long term benefits after a period of short-term benefits comes to an end.

Long Term Disability for Mental Illness

Long term disability for mental illness is only available in situations where other benefits have expired. This could include short term disability as well as other benefits like sick leave. Once these other benefits have been exhausted, long term disability could be an option if your doctor believes you are still unable to return to work.

The amount of these benefits varies from one plan to another. In general, long term disability typically pays between 60 and 70 percent of your standard wage. These benefits are usually available for up to two years. After two years, the insurance carrier will push you to find another line of work that you are suited for. If you are unable to work in any capacity due to your illness, you could recover long term benefits permanently.

Common Reasons Claims for Disability for Mental Health Disorders Are Denied

Have you been denied disability for mental illness? You are not alone. Insurance companies have wrongfully denied disability for mental illness claims for years, and this practice is unlikely to stop. While their reasoning can vary, these denials are often based on your efforts to seek mental health treatment.

Insurance companies are quick to deny a claim if they can show you are making no effort to get better. This could involve skipping out on regular visits with your primary care physician. It could also mean you are not regularly seeing a psychiatrist or receiving psychological treatment.

There are other excuses, too. Not only will your insurance company monitor you to ensure you are seeking medical care, but they will also judge the quality of that care. If they believe your mental health care is substandard, they will deny your claim for benefits. This is also the case if your healthcare providers fail to thoroughly document your treatment. Even if the treatment prescribed was appropriate and followed to the letter, substandard documentation could provide the insurance company with the grounds they need to deny the claim.

Have you been denied disability for mental illness previously? If so, an experienced lawyer might be able to help.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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David, Mena and Silene were all professional and extremely helpful in getting my case resolved. Mena was quick to get back to me when I had any questions. I had a great experience with all of them.
My wife and I were involved in an accident in 2023, and we were fortunate to have HIMPRO Personal Injury and Long-Term Disability Lawyers represent us. From day one, their team showed outstanding professionalism, compassion, and dedication.

We especially want to thank David, Alex, and Mena for their incredible support throughout the process. They were always available to answer our questions, kept us informed at every stage, and genuinely cared about our well-being. Their guidance made a stressful time much easier for us to handle.

Thanks to their hard work and expertise, we achieved a great outcome, and they are still working diligently to obtain additional compensation from the insurance company and pursue the catastrophic designation for my wife.

We are deeply grateful for everything the HIMPRO team has done for us. If you ever need experienced, trustworthy, and compassionate lawyers who will truly fight for you, we highly recommend HIMPRO.
A Magician , Passionate and Tough Negotiator: David Himelfarb proves what he told me in the first meeting on my MVA case. I fully endorsed David to anyone looking for a sincere and results oriented personal injury lawyer.
After a serious MVA, where I was stopped making a left turn and was hit from behind by a fast moving vehicle. I was not able to carry on with my life as I had before the accident. David Himelfarb took on responsibility of my case personally. We developed a relationship based on trust and understanding. He acknowledged my pain, my frustration, my concern and my expectations. His years of expert lawyering were very evident almost immediately. He never disregarded my expectations but rather he empathized with me and told me where exactly they fit within the reality of the ontario justice system. His assistant Mena Brar was also a very welcomed addition to my case and my life for that matter. David and his team worked very hard for me. My case was not an easy one but in the end, I was pleased with the outcome. David’s knowledge, advice and direction were pretty much bang on. I am probably not the easiest person to please especially when I am wronged as I was. I highly recommend David’s firm and appreciate all he and his team did. I believe David to be a very honest and knowledgeable man. Trustworthy is a very good description of David from where I stand. Thank you for all you and your team did for me David.
David Himelfarb, Silene Malhao, Mena Brar did an amazing job with helping me. They're amazing to work with.
I had an outstanding experience with David Himelfarb, Silene Malhao, and Mena Brar on my personal injury case. From start to finish, they were professional, knowledgeable, and truly dedicated to achieving the best outcome for me. Mena was incredibly helpful in keeping me informed and ensuring everything ran smoothly. David and Silene communicated clearly, kept me updated throughout the process, and made sure I felt supported every step of the way. I am incredibly grateful for their hard work and highly recommend their services to anyone in need of expert legal representation.
I was very satisfied with the service I received. Daniel was very understanding of my situation and worked very hard for me as he was working with, from my understanding, a difficult insurance company. In the end, he did very well on my behalf.
I’ve been working with Himelfarb Proszanski since 2019, after the accident and I can’t recommend them enough. Dan Holland was the lawyer assigned to my case, and he was absolutely amazing. From day one, he was dedicated, always working in my best interest and never giving up on my case. He made sure to explain everything to me in detail, so I never felt lost or confused. Whenever I had questions, he was always accessible and quick to respond, which made me feel supported throughout the entire process. I never felt like I was alone — Dan was there every step of the way, holding my hand and making sure I understood each part of the journey. Thanks to his hard work and the incredible team at Himmelfarb Proszanski, I got the results I was hoping for. If you're looking for a law firm that truly cares about their clients and delivers results, look no further.
I would highly recommend David Himelfarb & his team to anyone needing a personal injury lawyer. He walked with me from shortly after my very serious car accident through the entire process. They looked after everything that needed to be done, answered my questions and kept me up to date on our progress. I felt I was well looked after. We have just completed mediation, and I am very satisfied with the results. I now understand the importance and value of having an excellent personal injury lawyer.
Mena is always welcoming, professional, and incredibly helpful.from my first call she consistently provided excellent service with a friendly attitude. Her efficiency in managing appointments and quick responses to any inquiries made the entire experience smooth and stress-free.highly recommend Mena for exceptional front desk support!

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HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of ¾ billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski we build winning cases. That’s the HIMPRO Advantage™.

CONTACT

LOCATION

Toronto Disability Lawyers
480 University Ave
Suite 1401
Toronto ON
M5G 1V2
(416) 599-8080

Brampton Disability Lawyers
2 County Ct Blvd
Suite 400
Brampton ON
L6W 3W8
(905) 595-6760

Hamilton Disability Lawyers
1 Hunter St E
Ground Floor
Hamilton ON
L8N 3W1
(905) 777-8002

Kitchener Disability Lawyers
22 Frederick St
7th Floor
Kitchener ON
N2H 6M6
(519) 772-7659

Oshawa Disability Lawyers
21 Simcoe St S
Oshawa ON
L1H 4G1
(289) 634-5554

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