Covid-19 Anxiety: Can I Claim Disability Benefits?

In the environment of self-isolation during the COVID-19 pandemic, stress and anxiety can grow into panic. If COVID-19 is causing stress, anxiety, panic, and/or depression or it has triggered some other mental illness, then you may have a valid disability claim, depending on how long it takes you to recover.

Many situational issues can cause or trigger a new or existing mental illness, resulting in disability.

Some people are susceptible to developing panic attacks. This type of anxiety reaction can cause exhaustion. It may adversely affect concentration and productivity.

Should your mental health be affected to the extent that you are not able to work, it is important that you see your doctor. You must immediately seek appropriate treatment, such as therapy and medication, in order to treat your condition and to be successful in your disability claim.

Anxiety or panic disorder may prevent you from working to some degree. The extent of your disability may be partial or complete. Your doctor will need to complete disability forms to apply for disability benefits through your employer or government office. You may also be required to exhaust unemployment sickness benefits through the Ontario government (“EI”) before qualifying for disability benefits through the Ontario Disability Support Program (“ODSP”).

You may have group coverage through your employer or individual coverage for short-term and long-term disability benefits (“STD”/”LTD”). The policy will define “partial” or “total” disability. In most cases, the policy will require continuous rehabilitation efforts by the claimant.

Although the most common type of disability policy wording requires complete or “total” disability from working, some policies allow “partial” disability. In those policies which allow claims for partial disability, a claimant may have a persistent, reduced capacity to work or decreased productivity.

In policies that require complete disability from working, there is usually a waiting period for LTD, where the claimant must demonstrate continuous time off work for several weeks or months. Sometimes the waiting period or elimination period is equal to the EI sickness benefit period of 17 weeks. The duration of the waiting period may also depend on the qualifying period for STD under the policy. Once the STD benefits are exhausted, the claimant may qualify for LTD.

Insurers or the government may deny disability claims due to insufficient medical records. The claimant should see their doctor regularly, at least every two weeks to demonstrate that they are receiving appropriate treatment. In addition, claims are often denied for failure to cooperate with medical practitioners or follow an appropriate treatment plan.

The insurer or government will expect the claimant to at least see a family doctor. However, further steps are often required. The family doctor should make referrals to specialists. The claimant must follow the advice of his or her doctor and take advantage of all available treatments.

Although it may be difficult to seek medical attention during the COVID-19 pandemic, several doctors’ and therapists’ offices are using video conferencing wherever possible to maintain social distancing. Pharmacy pick-up or delivery services are available.

At Himelfarb Proszanski, our lawyers have the expertise to guide you through these critical early stages of your disability claim regarding anxiety and COVID-19. We will help you build a strong case to present to the insurance companies or government. We have the experience to recognize what the insurance companies are looking for in distinguishing a winning or losing case.