Depression Disability Lawyer

If your Long-Term Disability has been denied call us for your FREE CONSULTATION today.

Depression Disability Lawyers

Free Consultations Nationwide. Call 1-844-434-7224 or Send us a Message Today. If you suffer from Depression and have been Denied your Long-Term Disability Benefits we can help.

Our Disability Lawyers help people who suffer from Depression & have been Wrongfully Denied their Long-Term Disability Benefits. Free Consultations and you Never Pay Upfront.

Depression is an extremely serious mental health condition that can have a significant impact on someone’s life. Symptoms of major depression include feelings of hopelessness and helplessness, decreased energy and motivation, changes in sleeping patterns, feelings of worthlessness or guilt, difficulty concentrating, and thoughts of suicide. People with major depression often find it difficult to perform simple daily tasks or enjoy activities they once found pleasurable – and more importantly – can interfere with one’s ability to work. Symptoms such as sadness, difficulty concentrating, fatigue, and lack of interest in activities can all make it difficult for someone to focus on their job or complete occupational tasks. Additionally, depression can cause difficulty in social situations and interaction with co-workers, which can lead to further problems in the workplace – and for some – the need to stop working entirely and collect long-term disability benefits.

Unfortunately, because depression is an invisible illness, many disability claims adjusters have trouble understanding the depth and seriousness of one’s depression. As a result many disability claims for cases of depression are unfortunately denied, leaving individuals suffering in a state of financial crisis with no resources to pay their bills or support themselves.

You Don’t Have go through the Disability Appeals Process. You have the right to hire your own Disability Lawyer for free to fight for you.

Remember, if you have been denied your long-term disability benefits you have the right to your own long-term disability lawyer. Camporese Lalande has been representing disability claimants for decades and have the experience you need to help overturn your disability benefit denial. Call us today at 1-844-434-7224 for your FREE CONSULTATION or alternatively, send us a message through our website and we will be happy to get right back to you and schedule a your FREE CONSULTATION and explain your legal rights to you, and what remedy you may be entitled to. Remember – if we work together, our depression disability lawyer NEVER ask for money upfront, under any circumstances. Our disability lawyers only get paid – if you get paid.

Do not Appeal your Disability Denial

Your disability insurance company may try to convince you to appeal your denied disability claim through their internal systems, but many claimants will discover that this process is ineffective and a waste of valuable time that simply delays your benefit payment. You are simply appealing your depression disability claim with the same insurance company that denied you in the first place. Instead of appealing your depression disability denial, call our long-term disability lawyers to get the FREE information you need to make a better and more informed decision about how to handle your long-term disability benefits denial for breast cancer.

Causes of Depression

Many risk factors can contribute to depression, including genetics, psychological trauma related to life experiences, and certain medical conditions. Additionally, depression can be triggered by a combination of several factors such as depression in the family, physical illnesses, and social problems:

Genetic predisposition: a person is more likely to suffer from depression if they have a family member who has or has had the disorder, particularly if they have a first-degree relative, such as a parent or sibling, who has depression. It’s suspected that there is a 40-50% chance of someone inheriting depression if one parent has depression.

Chronic illnesses: people with chronic illnesses such as coronary heart disease, heart attack, Parkinson’s disease, cancer and stroke have a 25-33% greater risk of developing depression than the general public. Between the physical symptoms and the mental health issues, the compounded medical issue of chronic illness and depression can be very difficult to manage.

Environmental factors: a person’s environment, including home, work, and social life, can contribute to depression. Sociocultural considerations that might lead to an individual being depressed can include being raised in an abusive environment as a child, lacking emotional support as a child, or being bullied. For adults, depression can be caused by an individual’s work-related stressors such as a lack of identifiable achievements and a perceived lack of autonomy.

Alcohol or drug abuse: substance use and depression are conditions that are often seen together. Almost 30% of individuals who have substance abuse issues also have depression. Substance use and depression are considered co-morbid conditions, meaning that depression can cause substance use and vice versa. Unfortunately, the addictive nature of substance use makes depression more challenging to treat as both conditions need to be addressed simultaneously and simply addressing one does little to stop the cycle, which is why many individuals dealing with substance use continue to struggle with depression until they find a way to half their issues with substance use.

Gender: Studies by Statistics Canada and the Centre for Addiction and Mental Health (CAMH) revealed that depression is twice as prevalent in women than in men. It’s unclear why that is the case, although it’s suspected that the hormonal changes that women go through (puberty, menopause) may be a factor but it’s certainly not the only factor relevant to explaining why rates of depression among women are so much higher than among men. It’s speculated that different life experiences – pregnancy and childbirth, inequality in the workplace, insecurities about physical attractiveness – are much more likely to result in developing depression for women than for men.

Trauma or abuse: a 2022 study by the Journal of Molecular Psychiatry discovered strong connections between trauma and the onset of depression. Any trauma during a person’s formative years – a car accident, natural disaster, or separation from family – could trigger later mental illness. This might include physical, sexual, or emotional trauma at an early age which can result in someone developing depression later in life. Significant life events that may even be positive, such as graduations, weddings, and promotions, can even be the trigger for some individuals.

Older individuals: it is not uncommon for older individuals to become depressed for a number of reasons. As people age, people who lack a healthy support circle or are going through a stressful life event can be at risk for depression. Being alone, a common experience for many older people due to their social circle naturally passing away or becoming less active can also be a factor in developing depression.

Certain medications: even legal medications and substances have been connected to the onset of depression. Beta-blockers, corticosteroids, interferon-alpha (an antiviral drug) and antipsychotic drugs are all known to be possible depression triggers. Medication prescribed to treat mood disorders like depression and anxiety targets the parts of the brain which are responsible for depression; while they can be effective at helping with mental health conditions, the effects that they have on the brain can also inadvertently also result in people developing depression.

For any individual, it’s important to understand that depression can result from any number of causes and that it can be a deeply personal issue. While it’s still unclear exactly what mechanism results in someone developing depression, understanding some of the most common risk factors can help people understand the level of their personal risk for developing depression.

Types of Depression

There are different types of depression, each with its own symptoms and treatment options. Major depression is the most common type and involves a low mood, lack of energy, difficulty sleeping or changes in appetite that can last for weeks, months or sometimes even years. Other types of depression can share similar symptoms but may result from different causes. The most common identifying feature of depression is an inability to experience pleasure. This can result in people with depression exhibiting a lack of interest in activities they previously enjoyed and appear as “down” or without energy.

Major Depressive Disorder

Major depressive disorder is one of the most commonly diagnosed forms of depression. According to the Diagnostic and Statistical Manual of Mental Disorders (DSM). Major Depressive Disorder (MDD) is characterized by at least five symptoms present over a two week period, including depressed mood, changes in appetite or sleep patterns, feelings of worthlessness or guilt, difficulty concentrating, and thoughts of death or suicide. In Canada, it’s estimated that over 8% of the population suffers from depression, making it one of the country’s leading mental health disorders.  Major depressive disorder is a serious and potentially devastating mental health illness that can have wide-ranging symptoms. Symptoms of this disorder include ongoing feelings of sadness or low mood; a decreased interest in activities previously enjoyed; significant weight loss or gain; fatigue; difficulty making decisions; problems concentrating and memory difficulties; insomnia or excessive sleeping; restlessness and irritability; frequently thinking about death, suicide ideation, or suicidal behavior.

These symptoms can have devastating effects on a person’s life, impacting the ability to work or function in regular activities. Major depression is a condition often confused with simply being “down,” which is understandable since people who experience major or clinical depression are often described as “being sad.” Simply experiencing the feeling of sadness is a natural human emotion that should not be considered a mental disability but if those feelings persist and don’t naturally resolve themselves, it might be a case of major depression.

Psychotic Depression

The term ‘psychosis’ refers to a condition in which an individual is unable to distinguish reality from illusion mentally. People with psychotic depression might have hallucinations during these psychotic breaks, seeing or hearing things around them that do not exist in reality. They may start to become paranoid, fabricating theories in their minds that people around them, or society in general, are against them. When individuals with psychotic depression begin to have these experiences and their already negative outlook, it can be extremely challenging to manage without medical intervention such as medication.

Situational Depression

Stressful or traumatic events can bring on situational depression as a way of mentally adjusting to the shock of the event. Situational depression can last for an extended period of time, although it typically resolves sooner than major depression. The onset of situational depression usually occurs within three months of the date of a traumatic situation but can also result from past trauma:

  • Relationship issues, such as the end of an important friendship or separation from a romantic partner. 
  • Significant changes like relocating to a different country for school or work, living independently for the first time, or having a child. 
  • Changes that result in financial stress, such as being terminated from work or demoted
  • Being diagnosed with a serious medical illness or condition
  • Going through a life-threatening situation that could have resulted in death.

Individuals with situational depression can experience many of the same symptoms as someone going through major depression. Situational depression can usually be traced back to some triggering event or situation.

Seasonal Depression / Seasonal Affective Disorder (SAD)

Seasonal depression, or seasonal affective disorder (SAD), is often linked to the change of seasons. Countries in the north like Canada can experience shorter days and longer nights during winter months which can result in depression symptoms. These effects usually start when daylight hours begin to decrease significantly and last until the days become longer again in the Spring. SAD can also be caused by other factors such as depression or anxiety due to having to work longer during winter or a lack of vitamin D from the sun.

Seasonal depression can occur during both the summer and winter, although many more examples of this condition develop during winter. In Canada, SAD is a very common depression type and is estimated to affect up to 10% of the population. Symptoms can include depression, sleep disturbances, lethargy, poor concentration, and social withdrawal. It can cause people to want to eat more, be more apathetic, and experience increased sadness, even considering self-harm or suicide. The increased desire to eat can result in weight gain, which is another reason for sadness and guilt.

Atypical Depression

Atypical depression is a type of depressive disorder that affects an individual’s emotional and physical well-being. Characteristics that differentiate atypical depression from other forms of depression include increased appetite with weight gain, strong reactions to rejection, and oversensitivity to interpersonal (or people) situations. It also often includes feelings of heaviness in the arms or legs, sleep difficulties, fatigue, and lack of concentration. Treatment for atypical depression typically involves psychotherapy as well as medication such as antidepressants. With the help of a professional healthcare team, atypical depression can be effectively managed.

Bipolar Depression

Bipolar depression is the depressive state of someone with bipolar disorder, a different mood disorder characterized by two different states, manic and depressive. This might be triggered by past trauma, similar to cases in other forms of depression, but can also be triggered by experiences during the person’s manic state. When in a manic state, individuals with bipolar disorder may be aggressive or violent to people around them and may even engage in substance abuse. For individuals who might not normally engage in these sorts of behaviour, remembering instances of drug use and other activities that they might consider embarrassing can also serve as additional triggers for each depressive state.

Dysthymia (also known as double depression or persistent depressive disorder)

Dysthymia, or double depression, is a condition characterized by minor signs of depression that continue for long periods of time. People going through dysthymia may experience fatigue, lack of confidence, difficulty focusing at work, poor decision-making, and prioritization. Normally, any of these signs might not seem very significant, but if someone has been experiencing these symptoms for more than two years, it could be a sign of dysthymia. Although dysthymia is considered a milder type of depression, it can still be quite disabling and make it difficult for people to find the motivation or energy to seek help.

Perinatal Depression

Perinatal depression can affect women before (prenatal) and after (postpartum) giving birth. Symptoms can include irritability, fatigue, losing interest in past hobbies or preferences, experiencing physical discomfort such as inexplicable cramps, and inability to form emotional attachments with the new baby. Some may even begin to consider self-harm or harming the newborn baby. Perinatal depression can be confused with what is colloquially referred to as “baby blues,” a time around the baby’s birth which can be very emotional for the mother but unlike “baby blues,” it may not resolve on its own if the appropriate supports are not in place, which may include professional therapy or the intervention of mental health professionals.

Pain-related Depression

After situations related to physical injuries, such as a vehicle accident or incident at work resulting in bodily injury, depression can become an issue. It’s natural to feel upset or unhappy in the aftermath of a physical injury, and if not managed, that emotional energy can result in pain-related depression. People recovering from physical injuries should understand depression is a potentially serious side effect and could be an indication of other medical issues that need treatment. Even with a complete recovery from injury, this condition can remain an issue and continue to affect someone’s ability to return to form at the workplace or do activities that were a normal part of life before the incident. Individuals dealing with chronic pain might also start to develop pain-related depression due to persistent and uncontrollable sadness about their prognosis and its impact on their life.

How Depression can Affect a Person’s Ability to Work

Depression is a common and potentially disabling mental illness that can interfere with a person’s ability to work properly. In fact, depression may be so severe that it causes an individual to stop working entirely, leading to further depression-related complications and financial instability. Symptoms of depression, such as difficulty concentrating, changes in sleep patterns, and difficulty in making decisions, can all affect performance at work; when depression is left untreated, these symptoms can become significant enough or have a long-term effect on a person’s job or occupation. It is important to remember that while depression cannot always be prevented, effective treatment through medication and/or therapy can make all the difference in someone’s life—even enabling them to continue working despite their depression.

Did you know that depression is a major cause of work disability in Canada?

It’s estimated that at least 1 in 10 Canadians will experience at least one symptom of depression during their lifetime. Studies have shown a significantly higher incidence among women than men and that those working in office and retail positions were at greater risk. Incidence was reported higher for those working night and weekend shifts and those without a strong support system, including those who were divorced or did not have any family. There did not seem to be a strong correlation between education level and depression, although low to medium-wage earners recorded higher rates than those who reported earning a higher salary. 

Depression is called a “silent” disability for a reason.

Unlike physical injuries like losing an arm or leg, it can be hard for onlookers to understand what depression looks like. The effects of depression can only really be fully understood by the individual, making it hard to justify giving disability benefits in cases of depression. 

However, any depressed person will testify to how challenging the disability can be to live and work with. Symptoms of depression can make it nearly impossible for some individuals to make it to the office, much less sustain high productivity levels at work. Other symptoms, like poor concentration, can be attributed to poor work ethic and lack of ability rather than the symptoms of someone dealing with a real mental disability.

Coworkers with depression often lack the support they need from their peers and employers.

The low level of working energy and motivation resulting from depression means that employees with this condition are often underperforming at the office. The stress and guilt of not being able to do their job to the best of their ability only feed into their depression and cause the condition to continue to fester internally. The individual’s depression may eventually manifest outwardly; often, depression is mistaken for anti-social or sullen behaviour. Coworkers may start to avoid or distance themselves from the individual, furthering the sense of isolation and feeling misunderstood.

Depression can be a serious roadblock to returning to work after an injury.

Recovering from an injury is difficult enough, both physically and emotionally. Depression can make it even harder for someone to get back on their feet and return to work. The chronic pain associated with some injuries can lead to the development of pain-related depression, further compounding the problem. The impact of depression on an individual’s ability to recover from an injury and get back to work can be serious enough that it becomes a long-term disability. An individual might be physically healed after recovering from an injury or disease, but the effects of depression can linger, making it difficult to ever return to the workplace.

Presenteeism: being at work but not productive

Presenteeism describes a condition in which you can still complete your work. Still, it takes much more energy or effort than it would normally. The onset of presenteeism is often very subtle; it might begin with a morning or two when you feel less motivated to get up and off to work in the morning. Suddenly, before you realize it, work normally takes you an hour to complete, takes three or four. You feel nervous whenever you check your email inbox, and even slight criticism from your colleagues or superiors puts you on edge. Without outside feedback – a manager casually commenting about how your output has changed or a coworker gently checking in to see if you’re okay – it’s entirely possible to completely miss the signs of presenteeism and chalk it up to simply “having an off day.” While it’s entirely possible that a single instance of feeling less productive than usual could have nothing to do with depression, an extended period of lowered productivity should be considered a reason for concern.

Absenteeism: it can be impossible to get out of bed to work.

While presenteeism is less noticeable, absenteeism is much harder to miss, particularly for individuals who work at a place of employment with a regular shift that requires an individual to be present at the workplace. For people working a regular shift, however, it usually means that their absence is quickly noticed by coworkers or management members, meaning they’re able to identify the issue more quickly and can deliver the necessary support. Organizations that can adjust working conditions for employees – such as allowing them to change shifts or work from home – are in a better position to support employees and lessen the impact caused by absenteeism in the long term. 

Depressed individuals can be resistant to receiving or seeking help.

There are many reasons why someone might not request help or search for treatment options, even if they’re aware that their condition is causing problems in their life. The first reason is that depression can cause shame, particularly if the individual feels like they should be able to “snap out of it” or that their depression is a sign of weakness. Others might worry that seeking help will cause them to be seen as incompetent or unable to cope with stress, which could have negative consequences at work. Finally, some people might simply not be aware that what they’re experiencing is depression, so they don’t seek help for something they don’t think is a problem.

Depression often leads to Long-Term Disability Benefits

Depression is a serious medical illness that can have a detrimental effect on an individual’s ability to work. In cases where depression becomes so severe that it impairs a person’s ability to carry out regular work duties, long-term disability benefits may be available through employer group benefits. These monthly financial benefits, which are normally a portion of a worker’s salary, can help individuals who are suffering from depression address their mental and emotional health needs, allowing them to focus on recovery instead of feeling pressure to maintain a job that demands too much energy.

Does depression qualify for long-term disability?

In most cases, yes – however it depends on the wording of your long-term disability policy. In most long-term disability policies, one must satisfy the definition of “total disability.” Total disability means that for the first two years of long-term disability, you must be unable to complete he regular or substantial duties of your own job – which is often called the “own occupation” test. After two years, you must be unable to satisfy the duties of any occupation for which you may be qualified by way of your education, training or experience – which is often called the “any occupation” test. If you suffer from depression and you can satisfy the definition of total disability, then you will be entitled to access monthly long-term disability benefits to replace a portion of your salary – which can help you manage financially if you are suffering from an illness or injury and you are unable to work.

Unfortunately, many claimants are wrongly cut-off or denied their long-term disability benefits.

Unfortunately, long-term disability benefits are often wrongfully denied by insurance companies when depression is the reason for an individual’s condition. This denial can be based on a number of factors that demonstrate that depression does not meet the definition of total disability as outlined in the policy – the most common being “lack of treatment” or that the claimant is not following a proper treatment protocol for depression in order to mitigate their situation.

Often times, however, people with debilitating depression often follow up with their family doctor and follow a course of SSRI or other depression related mediation which regrettably is not enough for some insurance adjusters to approve benefits. Similarly, insurance company adjusters do not understand the seriousness of a person’s depression or how brutally debilitating it’s symptoms can be. They are often unaware of the life-altering impairments depression may cause include difficulties sleeping, concentrating, eating and carrying out daily routines. Furthermore, many insurance company adjusters fail to realize that depression can be incredibly isolating, leading to loneliness and increased feelings of inadequacy, along with suicidal thoughts or behaviors – but instead choose to override the medical advice of family doctors and unilaterally decide that you are “fine” to go back to work and do something.

These wrongful disability benefit denials severely affect individuals with depression, leaving them without necessary economic assistance and the financial ability to support themselves – all while suffering.

Why are Disability Benefits for Depression often Denied?

There are a number of reasons why an insurance provider might deny someone’s disability insurance benefits:

  • Benefits claims are denied because of insufficient medical evidence: in order to successfully file a claim for disability benefits, a disabled person will be required by insurance companies to produce medical evidence that their disorder is severe enough to meet the requirements for disability benefits. Disability companies may ask for medical documentation from a doctor stating that the symptoms of depression have made it impossible to continue job duties, documents showing that significant effort has been made to address the disability and help the individual return to work, records of past medical appointments over a period of time and treatment programs that the individual participated in. 
  • Your Insurance Company believes you can work: Insurance companies will often reject disability benefit claims based on the belief that a claimant can maintain their employment even while suffering from depression. Insurance companies base decisions to pay long-term disability claims to disabled individuals on medical evidence and personal testimonies from members of the workplace, like coworkers and management. In other cases, insurance companies will get insurance company rehab advisors involved to administer “TFA’s” or transferable skills analysis testing – which almost never come out in the claimant’s favor. Often times the TFA’s are biased, algorithmically biased, administered incompletely and in most cases – offer employment ideas that fall outside a person’s education, employment or experience.
  • Social Media: often times photos and videos from social media are being used as evidence against claimants. A photo of the claimant smiling on social media could be interpreted as evidence that they are not dealing with depression. People experiencing depression often still have to maintain relationships with their family, and engage in certain activities that make up their daily lives, but depression does not always show up in photographs or social media posts. It is important to remember that depression can be hidden; while major depression sufferers may exhibit subtle changes in facial expression or body language, depression often escapes being captured in photographs or digital contexts.

If you or a loved one has been Denied Long-Term Disability don’t give up. You have Rights. Contact us for your FREE consultation today.

Even with all the research demonstrating the impact of depression on work and one’s ability to perform their job duties, insurance companies often continue to deny disability claims. If your long-term disability claim has been denied due to depression, you have rights, for example:

  • you have the right to “say no” to the appeals process
  • you have the right to hire your own Disability lawyer to fight for you
  • you have the right to talk to a disability lawyer for free
  • you have the right to pursue a claim against your disability insurer for breach of contract
  • you have the right access a disability lawyer free of charge on a no-win, no fee basis

Since 2003, the long-term disability lawyers at Camporese Lalande have recovered tens of millions in wrongfully denied long-term disability benefits for disabled claimants who are going to the worst times of their lives. Stop struggling with a faceless insurance company – and call our long-term disability lawyers to get your free consultation today. We represent claimants suffering from depression all over Ontario and we can help you get your long-term disability benefits back on track. Our consultations are 100% free – and if you decide to work with our long-term disability lawyers, the fee is free. We do not charge our clients anything unless we win their case. We are happy to provide you the legal advice you need in order for you to make an informed decision about your own particular situation.

4 Quick Ways to get a hold of our Disability Lawyers today for your Free Consultation

  • Call us for free no matter where you are in Ontario, or Nationwide at 1-844-4-DISABILITY.
  • You can send us a confidential email through our website – and we would be happy to explain your long-term disability rights and legal options to you, at no cost.
  • You can enquire through any form on our website and;
  • You can CHAT live 24/7 and your discussion will be provided to our intake person without delay and we will get right back to you.

Article Summary FAQ about Depression, Long-Term Disability Benefits and our Disability Lawyers

Can you qualify for disability benefits with depression?

In most cases, yes, so long as you satisfy the definition of total disability as it is set out in your long-term disability policy.

Can you get LTD in Ontario for depression?

In most cases, you can qualify for LTD benefits if you suffer from depression, so long-as you meet the definition of “total disability” within your disability insurance policy.

How hard is it to get disability benefits for depression?

In Ontario, you can qualify for disability benefits if you are following a proper treatment plan, getting the appropriate therapy or counseling required, and you satisfy the requirements of the definition of a “total disability” within the meaning of your disability insurance policy.

What type of depression is considered a disability?

It is not type of depression that you suffer from, but rather if your depression prevents you from engaging or completing the substantial duties of your employment.

Is talking to a disability lawyer for depression free?

Yes, talking to a disability lawyer about your case should always be free. At our firm, we never charge anyone to talk to us about their case. We understand that another bill is the last thing you need while suffering and being cut-off disability.

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