What is disability vs impairment?

Disability vs Impairment

In making a claim for disability benefits, there are strict definitions of the terms disability vs. impairment. These definitions will vary depending on the wording in the policy or governing statute. An impairment may be insignificant to a claim for benefits if it does not affect a person’s ability to work or perform daily activities. Some impairments such as hospitalizations for accidents, serious illnesses, and major surgery are more obvious disabling impairments. Other impairments are not as clearly causing disability in a person’s daily life.

Occupational Disability vs. Impairment

Usually, Long-Term Disability Benefit policies are available to an employee through his or her employer. A person may not qualify for Long-Term Disability Benefits if his or her impairment does not affect his or her ability to perform the duties of his or her occupation. The employer may provide accommodations to assist an employee with an impairment in returning to work to a modified job. Pursuant to the policy, there is a difference in definitions of disability vs. impairment regarding the length of time the person remains disabled from working.

The definition of disability changes after two years from an own occupation test to an any occupation test. The test for any occupation is a stricter definition of disability vs. impairment. The impairment must not only disable the person from returning to his or her own job but also from any job for which he or she is qualified by reason of education, training or experience. Therefore, the definition of disability vs. impairment is related to the type of occupation and whether the claimant can return to work. The test of disability will depend on the nature of the impairment and the type of job the claimant held before the disability vs. impairment. A claim for disability under a Long-Term Disability policy or CPP Disability Benefits requires proof that the claimant is unable to return to work.

There are also requirements for the claimant to attend some type of rehabilitation. A claim for Disability Benefits under Canada Pension Plan requires proof of a prolonged and severe disability vs. impairment. Again, the impairment must disable the claimant from working with no expected date of recovery. This is a stricter definition than for Long-Term Disability. In addition, the claimant must have made contributions to CPP through withholding taxes within 4 years of making the application for benefits.

Disability vs. Impairment of Activities of Daily Living

In contrast, a claim for Ontario Disability Support Program Benefits (“ODSP”) under the Ontario Disability Support Program Act (“ODSP Act”) refers to impairments which affect the claimant’s ability to perform personal care, workplace activities or activities of daily living. The term impairment is used in a broader or expanded definition under ODSP in general terms and not to a specific type of job. A person may claim ODSP benefits if there is inadequate household income to support basic needs. The claimant need only prove an impairment which affects their activities of daily living. This is an easier test to meet than for Long-Term Disability or CPP Disability. For more information, contact the law offices of Himelfarb Proszanski.