Employees have long-term disability benefits through their employers’ group insurance policy, which provides income replacement benefit in the event of a disability. Such benefits are paid up to the age of 65 if the disability is permanent.

However, insurance companies either deny or terminate disability benefits. For example, they might tell you that you do not have sufficient medical evidence to prove your disability

It is true that in some cases of disability such as chronic pain, fibromyalgia, or psychological impairment (e.g. depression, anxiety), the medical record only shows the employee’s subjective complaints of pain and sufferings and cannot provide any objective evidence to prove their disability.

However, simply because objective evidence is not provided, it does not mean that you do not suffer from a disability. In fact, Canadian courts have awarded damages in cases of chronic pain, fibromyalgia, and mental disorders and ruled that such disabilities are real.

For the first time, the Supreme Court of Canada’s decision in the case of Nova Scotia (Nova Scotia (Workers’ Compensation Board) v. Martin; Nova Scotia (Workers’ Compensation Board) v. Laseur, [2003] 2 SCR 504, 2003 SCC 54 (CanLII)) addressed the issue of chronic pain and mentioned that those who suffer from chronic pain experience a real disability.

If you receive a denial letter, we encourage you to contact us at Noohi Law immediately for a free consultation. Our team of experienced lawyers will review your case and will file a law suite against your insurance company. We will advocate for you to recover the payment of benefits for which you are eligible under your insurance policy and will also seek damages for your mental suffering.