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Experienced Depression Disability Lawyer in Alberta and Saskatchewan

If you have depression, you may have trouble getting your condition taken seriously, and you may feel incapable of pushing back when your insurance company turns you down. Long-term disability insurance is supposed to be there for you. Ludwar Law Firm has been advocating for individuals with disability claims in Alberta and Saskatchewan for more than 25 years. Our team will handle your case with sensitivity and dedication.


James Ludwar, an experienced depression disability lawyer, knows you shouldn’t be penalized if your depression interferes with your ability to work. Contact us today to schedule a consultation.

Depression Disability Claims in Edmonton and Saskatoon

Alberta and Saskatchewan law have established that being able to work requires more than an ability to struggle through your day. An insurance company should ask the fundamental question, "What would a reasonable employer expect of an employee?"

Depression, one of the most common mental illnesses, can cause symptoms that can interfere with your ability to work effectively, such as:

  • Lack of focus

  • Lack of concentration

  • Exceptional fatigue

  • Difficulty sleeping

  • Difficulty becoming motivated

  • Difficulty controlling moods


Working can be difficult if your condition interferes with your ability to concentrate, remember facts or control your emotions. Regular daily setbacks on the job can be almost impossible to bounce back from when you’re struggling with depression.


Some clients have reactive depression to life situations, which often resolves in a matter of time or responds positively to treatments. Others suffer from chronic clinical depression that can last for months or more.



The following are some commonly asked questions about disability claims involving depression.


Is Depression Considered to be a Disability in this Country?

Absolutely. Disability benefit providers across the country consider depression to be a disability. Those suffering from it are entitled to compensation if they can prove it prevents them from working.


What Are the Different Disability Benefits for Depression?

You have several options if your depression limits your ability to work and earn a living. You may be eligible for a depression disability benefit from your insurer, the government or your employer. Some options in Edmonton, Saskatoon and other communities include:


  • Employment insurance

  • Short-term disability insurance

  • Long-term disability insurance

  • Veterans Affairs Canada

  • Disability tax credit

  • CPP disability

Employment insurance (EI). Sickness benefits through the federal government’s EI program cover 55 per cent of your wage for 15 weeks. To qualify, you must have paid into the program recently through automatic paycheque deductions. You must also provide a record of employment from your employer, and a doctor must fill out a form saying you’re unable to work.


Short-term disability insurance. Short-term disability payments for depression can cover as much as 67 per cent of your wage, with bi-weekly payments over 15 to 17 weeks. Employers offer these benefits through the company or group insurance policy. If you’re eligible for short-term disability payments, then you can’t apply for EI.


Long-term disability (LTD) insurance. Long-term disability claims can cover as much as 67 per cent of your salary and last many years. Most LTD plans are included in group plans through your employer or private insurance policies. To qualify, you must submit forms to your insurer filled out by you, your employer and your doctor. If your depression disability claim is denied, you can appeal through your insurer. If unsuccessful, you may need to file a lawsuit with the help of a depression disability benefits lawyer in Alberta or Saskatchewan.


Veterans Affairs Canada. Members and former members of the Canadian Armed Forces can qualify for depression short- and long-term disability benefits through Veterans Affairs Canada. You need to prove that your condition was caused or got worse by a “service-related injury.” You can apply through the Veterans Affairs website or with a paper form.


Disability tax credit. Depression may qualify for a disability tax credit, which lowers your taxable income. However, you must prove you have a severe and prolonged impairment. If you’re eligible, you can also get some of your previous taxes refunded, depending on your condition’s timeline. The depression disability claim process involves completing a T2201 form and submitting it to the Canada Revenue Agency (CRA).


Canada Pension Plan (CPP) disability. You can complete a depression disability claim application through the Canada Pension Plan. CPP covers permanent disabilities, and you’ll have to prove that your depression prevents you from keeping a job and that there’s little hope for improvement. The depression disability claim process involves filling out the CPP Disability Application Form and submitting it to your nearest Service Canada office. If your depression disability claim is denied, you can appeal with the help of a depression disability claim lawyer in Alberta or Saskatchewan.


If you'd like to discuss the choices available to you, we invite you to contact us.


Why Are Depression Disability Claims Denied?

If you struggle with depression, the onus is on you to prove to the insurance company that you’re entitled to compensation. Unfortunately, it's not uncommon for depression disability benefit to be denied in Edmonton, Saskatoon and elsewhere. Several factors can contribute to these denials:


  • Insufficient medical evidence. One of the primary reasons for denial is a lack of comprehensive medical documentation. A diagnosis from a qualified healthcare professional and detailed records of your treatment history are crucial.

  • Inadequate proof of functional impairment. Disability claims require evidence of how depression affects your ability to perform daily tasks and work-related activities. Detailed, specific examples of functional limitations are vital.

  • Failure to meet duration requirements. To qualify for disability benefits, you must have depression symptoms that are expected to last for a specific duration, often six months or more. Claims may be denied if your condition is believed to be temporary.

  • Lack of treatment compliance. Failing to follow prescribed treatment plans, such as therapy or medication, can weaken your case for disability benefits.

  • Evidence or surveillance contradicts your diagnoses. Insurance companies may employ investigators to gather photos or videos of you engaging in activities that appear inconsistent with the severity of your depression. Investigators will also comb your social media posts for evidence that makes you seem healthy and well.

Contact a depression disability lawyer who can help you navigate the complex application process and address potential issues that might lead to denial. 

What Can I Do to Improve My Chances of a Successful Depression Disability Claim?

To enhance your prospects of a successful depression disability claim in Edmonton and Saskatoon, consider the following steps:


  • Seek medical attention right away. As soon as you experience symptoms, consult a qualified healthcare provider to obtain a clear and accurate diagnosis of your depression. Their expertise can validate the severity of your condition.

  • Keep a record of all visits, medication, and treatments. Maintain a detailed record of all medical visits, including dates, names of healthcare professionals, therapy sessions, and medication prescriptions.

  • Journal your symptoms. Keep a personal journal to track your symptoms, including mood fluctuations, sleep disturbances, changes in appetite, and how these symptoms affect your daily functioning, both on and off the job.

  • Hire a depression disability lawyer. A lawyer brings expertise in disability law, can gather crucial evidence, and ensures your rights are protected, significantly improving your chances of a successful claim.


Read our blog to learn more about the depression disability claim process in Edmonton, Saskatoon, or anywhere else in Alberta or Saskatchewan.

What Should I Do If My Depression Disability Claim Is Denied?

If your depression disability claim is denied in Edmonton, Saskatoon, or elsewhere, Ludwar Law Firm can help you file an appeal. Insurance companies often use the appeals process to delay compensation until the time limit runs out. We’ll stand up for you and find the best way forward. Contact Ludwar Law Firm for a free consultation.

Book Your Consultation

The first consultation with us is free and can be done at your convenience.

Get Educated

We have compiled some information about depression and anxiety disability claims.

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