if you have cancer, you may be eligible for long-term disability benefits

worrying about money is not where you should be focusing your energy when you have a life-threatening disease.

by nainesh kotak

published mar 10, 2022

3 minute read

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3 minute read

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if you have cancer, you may be eligible for long-term disability benefits

the purpose of disability benefits is to focus your energy on getting better, instead of worrying about money. getty

when the person who earns the most in a household is diagnosed with cancer, the patient and their family often experience a reduction or loss of income. and whether its temporary or long-term, worrying about money can cause more stress during an already very trying time. according to the canadian cancer society, cancer is the leading cause of death in this country — responsible for 28.2 per cent of all deaths. it was estimated that in 2021, 118,200 canadian men would receive a cancer diagnosis and 44,600 men would die, while 110,900 canadian women would be diagnosed with the disease and 40,000 of whom would die. on average, 628 canadians are diagnosed with cancer every day.

is cancer eligible for long-term disability benefits?

canadians who have long-term disability (ltd) coverage may be eligible for income replacement benefits while they are experiencing cancer symptoms, undergoing treatment for cancer and during recovery — as long as their doctor advises that they are unable to work. in fact, similar to how your doctor is key to your recovery, they also play an important role in the approval for ltd benefits.

under most policies, a claimant — the person who applies — is eligible for ltd benefits when cancer symptoms prevent them from performing their job. (there is also an “any-occupation” test that comes into play with some policies after two years which states that disability benefits will only be approved if the claimant’s disability prevents them from performing any occupation that they can do based on education, training or experience.)

as long as a doctor can provide a documented opinion that the claimant is unable to perform the essential tasks of their work (or any job if it’s within the any-occupation period), they should be eligible to receive long-term disability benefits.

tragically, sometimes even though they have a legitimate claim for long-term disability benefits, people with cancer are denied by their insurance provider, which can make it difficult to pay for medication — particularly experimental therapies — make mortgage payments or put food on the table. it can also mean the inability to access treatments from psychologists, social workers or therapists that aren’t covered under provincial plans. all of this, while managing a life-threatening disease, can contribute to significant mental health issues, including depression and anxiety.

why is a long-term disability claim denied?

denial of disability benefits may occur for a number of reasons, such as insufficient medical documentation to show why symptoms prevent you from performing the essential tasks of your job. this can be avoided by keeping all medical records of tests, treatments and doctor notes, evidence of prolonged symptoms, and providing a personal report on how your illness is affecting your ability to work. this may sound like a lot of effort, but it’s worth it: once a claim has been denied, the insurance company has made a decision on your case and, unfortunately, it is unlikely to change its ruling — even if you were to appeal.

the next logical step after having a claim denied is to seek legal advice from a disability lawyer. ensuring that you and your family stay financially well as you recover will help reduce stress and anxiety and ensure that you focus your energy on getting better, instead of worrying about money.

nainesh kotak, is the founder of kotak personal injury law, a firm focusing on protecting their client’s rights to justice and obtaining the compensation their clients deserve. he also serves as the chair of the long-term disability section of the ontario trial lawyers’ association.

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