There has been a material shift over the past few years in Long Term Disability Claims in Nova Scotia (and across the Country).
LTD Insurers are reporting that mental health claims are increasing and are the most common type of claim being advanced. Anxiety and depression being the most common.
Most people would agree that there has been an increase in public awareness about the importance of mental health to our overall well-being. Many would also agree that there has been a decrease in the stigma that has historically been associated with mental health disorders. More people are seeking help for than ever before. However, this shift in perception does not change the reality that several Nova Scotians are suffering from mental health disorders that impact their ability to function in their workplace.
The true impact of the COVID-19 pandemic remains unknown, but from a statistical perspective, the diagnosis of mental health disorders has increased significantly since 2020, and this has changed the landscape of LTD claims in a meaningful way.
The increase in the volume of claims relating to mental disorders has resulted in a fairer and better process for people applying for long term disability benefits. Increased exposure to these claims has resulted in a batter understanding by Insurers about the profound impact of mental health disorders.
But barriers remain in the LTD adjudication process relating to mental health disorders. Access to affordable treatment remains an issue. Many workplace group policies cap treatment at a range which will only allow 2-3 sessions with a psychologist. There can be wait times of several weeks to get an initial appointment with a private health care professional. Wait times for public services is often measured in months instead of weeks. These delays in access, diagnosis and treatment create challenges during the adjudication process.
We also commonly see LTD insurers take the position that mental health disorders are situational to a workplace issue or dispute, and do not meet the threshold of a total disability. This approach to claims assessment is flawed and rarely stands up to scrutiny.
There are instances where LTD insurers will reject a claim for disability benefits based on a failure to provide objective evidence of a disorder. This approach is also flawed, as the case law has demonstrated that objective evidence (such as an x-ray) is not required to prove that a claimant is disabled.
From a human perspective, it can often feel overwhelming to take the step to challenge a denial from your Insurer when faced with a serious mental health crisis. Unfortunately, delay normally favours the Insurer, and it creates even greater economic stress on the claimant.
If your claim for disability benefits has been denied, we recommend that you contact a law firm that has experience handling long term disability claims. Any firm that does this work will assess whether you have a claim without charging you a fee. The visit will be confidential, and you will have an opportunity to ask questions about your claim. If you have a good case, it is the industry standard to take these claims on a contingency fee basis, which means that you do not have to pay any legal fees until your case successfully resolves.
✅ Confidential and obligation-free
✅ Experienced LTD representation
✅ No legal fees unless your case is successful