A cancer diagnosis is overwhelming – it can be a crash course in understanding medical terms and testing, various forms of cancer treatment, and a long list of symptoms you may experience during treatment. On top of that you need to get to know a whole new set of doctors and treatment providers. A very practical concern is how you will support yourself while you focus on treatment and recovery. Disability benefits are paid to cancer patients in many cases but there are different considerations depending on the stage of diagnosis and treatment.

Does a Cancer Diagnosis Entitle Me to LTD Benefits?

A cancer diagnosis will not guarantee that you receive long term disability benefits. The key question is how the illness prevents you from working. Your application for long term disability benefits will need to set out the symptoms you experience and why they make you unable to perform your job.

In order to obtain long term disability benefits, you need to satisfy the eligibility criteria in the insurance company’s policy. Disability benefits are payable if your doctor supports your claim that the illness (or its treatment) affects your ability to return to work because you are cannot perform your job duties.

The Diagnosis and Entitlement to Disability Benefits

Before treatment begins, you may not be experiencing any cancer symptoms. However, you will need to deal with testing and appointments, anxiety and stress about the diagnosis and the impact of your diagnosis on family members. Your employer should provide you with reasonable accommodation to deal with appointments but even if you get enough time to attend your appointments, you may be disabled from working by mental health symptoms such as an adjustment disorder due to the shock and worry associated with cancer. The key consideration in making an application for disability benefits at this early stage is to describe your symptoms and how you are restricted from working at your job. You will need a doctor to complete an attending physician’s statement along with your application.

Disability During Treatment

While you are undergoing cancer treatment, there will probably be ample evidence that you are totally disabled. Not only will you need to be available to participate in treatment but that treatment is likely to cause you significant disabling symptoms. During treatment, most long term disability claims will be approved as long as all of the appropriate forms and information have been provided to the insurance company.

Disability After Treatment Ends

The stage where you may be denied long term disability benefits is after treatment is completed. Unfortunately, when your oncologist indicates that the acute treatment period has ended, some insurers will terminate disability claims, concluding that you can return to work. However, you may still be significantly symptomatic and unable to work.

At this stage, to continue to receive compensation, the focus needs to be on the way that you continue to be restricted from performing the essential duties of your occupation. It may be necessary to provide details of your job duties as well as the way in which the cancer symptoms or illness caused by the treatment itself affects your ability to return to the position in which you previously worked. If appropriate, you will also want your doctor to provide details of your mental health and the impact of treatment on your overall well being.

What Benefits are Cancer Patients Entitled to in Canada?

Some benefits to which you may be entitled include:

1. group long term disability coverage arranged by your employer with an insurance company;
2. a disability income policy which you purchased as private insurance;
3. mortgage or line of credit disability benefits which will pay your interest, minimum payment or balance if you become disabled;
4. the disability tax credit;
5. the Canada Disability Benefit – a benefit payable on a monthly basis to people who satisfy financial and medical eligibility set by the government of Canada;
6. Employment insurance illness benefits;
7. Ontario Disability Support Program benefits payable based on financial need and medical eligibility requirements;
8. Critical Illness Insurance which may be payable as a result of your diagnosis; and
9. Canada Pension Plan (CPP) disability benefits.

CPP Disability Benefits

If you are over 18 and under 65 years old, have a mental or physical disability which prevents you from performing substantially gainful work and have a disability that is long term and of indefinite duration, you should apply for CPP disability benefits. If you are approved, the Canadian government will also pay a monthly benefit for your dependent children.

Special priority is given to disability claims where the condition is a terminal illness or it is defined as a “grave condition”. A number of types of cancer are listed as grave conditions on the government of Canada website.

Common Reasons for Denials of Cancer Disability Claims

The principal reason that most long term disability claims are denied or terminated is lack of objective medical evidence. Many cancer patients will report that they suffer from fatigue, brain fog or neuropathy following treatment. If symptoms or side-effects continue to restrict your ability to work, it is important to provide the insurance company with detailed information about your continuing disability.

If you became disabled by another condition while receiving LTD benefits, it is important to establish that you continue to be entitled to benefits. A disability lawyer will be able to review your case and help you prove continued entitlement. For instance, if you developed a mental health diagnosis or another disabling condition while covered, the insurance company will need to be provided with evidence that proves how that condition prevents you from returning to work.

What to Do If Your Claim Is Denied

If your long term disability claim is denied, you should book a free consultation with an experienced disability lawyer so that you can understand your legal rights. You have enough on your plate with navigating the Canadian health care system and trying to prioritize your recovery. The long term disability lawyers at Burn Tucker Lachaîne PC will outline your legal options and provide you with direct and clear advice about whether to appeal the insurance company’s decision or start a lawsuit.

How an LTD Lawyer Can Help Build a Strong Claim

Your long term disability lawyer will review the policy language, the insurer’s termination letter and the medical evidence and determine what is necessary to challenge make your insurance company pay your claim. They will gather evidence which supports how the cancer treatment has affected you, what symptoms you continue to exhibit and why you cannot return to work.

If your physicians are not able or willing to provide reports and opinions which provide evidence of why you continue to be entitled to compensation. At Burn Tucker Lachaîne PC, we can usually represent you on a contingency fee basis which means that you will not pay until we settle or win your case. The firm will cover the cost of obtaining objective medical evidence to support your claim, allowing you to use your money to pay for your additional medical costs and your family’s expenses. Reach out to us today to schedule a free consultation and determine if we are the right law firm for you.