Depression Disability Lawyer Calgary
What you are living with is real. The insurer’s position on it is not the final word.
- Living with depression that prevents you from returning to work?
- Submitted a long-term disability claim and received a denial letter?
- Benefits were approved, then terminated once the insurer re-evaluated your file?
Beyond a diagnosis, a successful claim requires proof of functional impairment. We use our dual-perspective experience to audit how insurers assess “invisible” symptoms like sleep disruption and poor concentration against policy definitions.
Same-day response on business day inquiries.
Depression claims fail when the story and the medical evidence conflict.
James brings 30 years of plaintiff litigation, while Mark offers nearly 20 years of defence insight from inside a major insurer. We use this knowledge to audit how insurers scrutinize symptoms like fatigue and cognitive impairment, ensuring your file meets their specific evidentiary standards.
Claim Files
*Past results are not indicative of future results. The outcome of each case depends on its unique facts and circumstances.
When Depression Disability Claims Are Denied or Cut Off
Denied at the Point
of Application
Depression claims are often denied because the condition lacks objective measurements. Insurers may conclude that symptoms are insufficiently severe, treatment has been inconsistent, or that your functional limitations don’t meet the specific policy threshold.
Success requires documenting your inability to sustain reliable performance with the same precision expected of a physical condition. We analyze:
- How clinical records were interpreted or overlooked.
- The specific connection between symptoms and workplace failure.
- Errors in the insurer’s assessment revealed within the denial letter.
Terminated at the Two-Year Definition Change
At the two-year mark, policies shift to an Any Occupation definition. Insurers use this milestone to conduct new assessments, often relying on a single “independent” exam that fails to account for the variable nature of depression over time.
This stage accounts for roughly 80% of our cases because it is where insurer errors accumulate most consistently. We investigate:
- Whether a one-time exam accurately reflects your long-term capacity.
- If the “comparable” roles they identified are truly sustainable.
- The distinction between intermittent periods of high function and the ability to meet consistent workplace attendance standards.
Same-day response on business days.
Does Depression Qualify for Disability?
Is Depression a Disability in Canada?
Yes. Depression is recognized as a disability in Canada when it significantly limits a person’s ability to work or perform daily activities. Its disability claims are among the most litigated in long-term disability law. Insurers often require documentation from a licensed mental health professional including a formal diagnosis, treatment history, and a clear explanation of how depression affects the claimant’s functional capacity in an employment context.
Depression disability benefits are not awarded based on diagnosis alone. Medical documentation must connect each symptom to a specific inability to sustain occupational performance, and that documentation needs to be both comprehensive and consistent.
Short-Term and Long-Term Disability for Depression
Short-Term Disability (STD) STD provides temporary income replacement through an employer’s plan. These benefits offer a financial bridge during the initial recovery period or until a long-term claim is established.
Long-Term Disability (LTD) LTD provides extended support if symptoms prevent a return to work after STD expires. In Canada, these benefits are governed by specific insurance contracts rather than a national standard.
The Two-Year Transition The duration of LTD benefits depends on the policy’s definition of disability. Claims for severe, prolonged depression must demonstrate an inability to perform any comparable work to sustain benefits beyond the standard two-year definition change.
Depression Symptoms Relevant to a Disability Claim
- Persistent low mood and inability to experience motivation
- Severe fatigue that prevents sustained activity
- Difficulty concentrating and retaining information
- Disrupted sleep and the functional impairment that follows
- Withdrawal from professional and social environments
- Inability to manage workplace demands or relationships
- Intrusive thoughts and emotional dysregulation
The Documentation Gap
Depression disability claims are denied not because the condition is illegitimate but because the file does not connect symptoms of depression to a specific inability to work. A formal diagnosis from a licensed professional is the starting point. What determines whether the claim holds is the precision with which every symptom is connected to a functional limitation that prevents sustained employment.
From Denial Letter to Resolution
01
Initial Consultation
Your denial letter, policy, and medical history are reviewed to determine whether there is a viable case worth pursuing. We respond the same business day.
02
Document Collection
Your complete claim file is requested from the insurer, including internal decision records and the medical assessments they relied on.
03
File Review
We identify errors and improper assessments in how the insurer handled your claim. Insurers make mistakes: relying on assessments from non-physicians, misapplying policy provisions, disregarding your treating doctor’s findings. These errors can mean additional damages beyond reinstated benefits.
04
Statement of Claim
If the case proceeds, a lawsuit is filed to recover benefits and pursue additional damages for improper claims handling.
05
Discovery
Both sides exchange documents and conduct questioning. Independent medical examinations that contradict your treating physician are challenged at this stage.
06
Mediation
Most cases settle here. Approximately 80 percent resolve within 18 to 24 months. Settlement amounts depend on policy terms, benefit calculations, and insurer conduct.
07
Trial
If settlement is not reached, the case proceeds to trial. Outcomes depend on the specific facts, medical evidence, and policy language in your case.
We know how they think.
A diagnosis of depression opens the door to a disability claim. What determines whether that claim succeeds is the precision with which the file connects each symptom to a specific functional limitation, and whether the insurer followed its own process correctly in reaching its decision. Both of those questions are where our review begins and where most depression disability denials are won or lost.
Plaintiff Advocacy Meets Defence Intelligence
- Insight into how insurers evaluate depression disability claims
- Recognition of procedural errors other counsel may not identify
- Assessment of grounds for aggravated, mental distress, and punitive damages
In-Person Throughout Your Case
- Face-to-face meetings available at any stage
- Same-day response to calls and emails on business days
- Serving Calgary, Alberta, and Saskatchewan
The Full Value of Your Claim, Not the First Number
- Review for aggravated, mental distress, and punitive damage grounds
- Prepared to proceed to trial if reinstatement of benefits requires it
- Your decision on resolution, made with complete information
FAQs
Is depression a disability in Canada?
Yes. Depression is recognized as a disability under most Canadian disability insurance policies when it prevents a person from performing their job duties. Is depression considered a disability that meets your specific policy definition? That depends on the contract language and the strength of the medical documentation on file.
Are depression and anxiety considered disabilities in Canada?
Yes. Both depression and anxiety are recognized as disabilities under most Canadian insurance policies when they significantly impair a person’s ability to work. Is depression and anxiety a disability that qualifies under your group or private policy? Reviewing the specific contract is where that analysis begins.
Can I get disability for depression?
You can, provided the medical evidence documents how depression prevents sustained employment and connects that impairment to the policy definition of disability. Depression disability benefits are not awarded based on diagnosis alone. The file needs to establish the functional impact of the condition on the ability to work consistently and reliably.
Does depression count as a disability under long-term policies?
Does depression count as a disability under a long-term insurance policy? It can, provided the condition is severe and prolonged and the medical documentation establishes that it prevents any reasonably comparable employment after the two-year definition change. A denial does not resolve that question. It opens it.
How does short term disability for depression work?
Depression short-term disability benefits provide financial support for a temporary period through an employer’s insurance plan, typically covering a portion of income while the claimant is unable to work. Short-term disability for depression is usually the first benefit stream accessed before a long-term claim begins.
How long can you be on disability for depression?
That depends on the policy terms, the severity of the condition, and the definition of disability that applies at each stage of the claim. Is depression a permanent disability that could support benefits beyond the two-year definition change? Where the condition is severe, prolonged, and prevents any reasonably comparable employment, it can be. Depression benefits Canada claimants receive under long-term policies are governed by the specific insurance contract, not a national standard.
Why do insurers deny depression disability claims?
The most consistent reasons are insufficient medical documentation, treatment gaps, independent medical examinations that downplay functional limitations, and arguments that the claimant can perform alternate work. Each of these grounds can be challenged in litigation, and the basis for denial often contains procedural errors that become central to the case.
What do I do when the insurer denies my depression disability claim?
A denied claim is not a closed one. We will review your file and tell you clearly what your options are.
Calgary-based
Serving Alberta and Saskatchewan
Same-day response on business days
Past results are not indicative of future results. The outcome of each case depends on its unique facts and circumstances. This page is for informational purposes only and does not constitute legal advice.