Misconception #1: Only Physical Conditions Qualify for LTD Benefits
Fictional Conversation (overheard at a cafe)
Person A: “I don't think mental health issues can qualify for long-term disability. My friend had a breakdown and was told it doesn’t count for LTD because it's not a physical condition.”
Person B: “Oh, totally! I’ve heard that too. I mean, how can they justify paying someone if they’re just ‘feeling down’? It’s not like they broke their leg or anything.”
Person A: “Exactly, it just doesn’t seem fair. It's too vague, isn’t it? How do you even prove depression or something like that?”
How to Overcome:
The misconception here is that only physical disabilities qualify for long-term disability benefits, which is incorrect. Mental health conditions, including depression, anxiety, and other psychological impairments, can indeed qualify for LTD benefits if they are severe enough to prevent someone from working. Ontario's Human Rights Code recognizes mental health conditions as disabilities, and if a person is unable to perform their job due to mental health issues, they are entitled to LTD benefits just as they would be for a physical condition.
In order to qualify, however, the individual needs to provide appropriate medical documentation showing that their mental health condition significantly impacts their ability to perform daily work tasks. This might involve reports from psychologists, psychiatrists, or therapists outlining the symptoms and how they affect functioning. The stigma around mental health disabilities is still pervasive, but it is important for both individuals and insurers to acknowledge these conditions as valid reasons for LTD claims, as per Ontario’s disability laws and policies.
Technicalities:
Ontario case law has demonstrated that mental health disabilities must be treated the same as physical disabilities under long-term disability claims. In McKinnon v. Great-West Life Assurance Co. (2014), the court ruled that a claim for long-term disability benefits due to depression was valid, despite the insurer initially denying the claim on the grounds that it was a non-physical disability. The court found that Great-West Life had failed to adequately consider the impact of the claimant's mental health on their ability to work.
Additionally, the case of Aubry v. Aviva Canada Inc. (2009) reinforced that insurers must not discriminate against mental health conditions when assessing LTD claims. The decision in this case highlighted that insurance companies are required to evaluate mental health claims with the same thoroughness and consideration as physical claims, ensuring that all evidence and medical documentation are properly reviewed.
