Denied LTD in BC? A Lawyer’s Insider Guide to Appeals
Fact Checked by Long-term Disability Lawyer Tim Louis
Being denied long-term disability (LTD) benefits in British Columbia can feel devastating. You’ve paid into insurance for years, only to be told “no” at the very moment you need it most.
The truth is: a denial is not the end of the road. Many LTD claims in BC that are first denied are later won on appeal — when the right evidence and legal strategies are applied.
At Tim Louis & Company, we’ve helped so many clients overturn denials and secure the benefits they deserved. Through our decades of experience, we’ve seen the same insurer tactics play out over and over — and we know how to fight back.
This guide gives you a lawyer’s insider perspective on:
- Why LTD claims in BC are denied.
- The appeal process step by step.
- The kind of evidence courts and insurers take seriously.
- How to maximize your chances of success.
If you’re searching for “denied LTD claim Vancouver” or “BC disability appeal lawyer,” you’re in the right place.
Why LTD Claims Are Denied in BC
Insurance companies often deny LTD claims for reasons that sound official — but are frequently unfair or challengeable. Here are the most common tactics we see:
- “No Objective Evidence”
Insurers often argue that conditions like depression, anxiety, chronic fatigue, or PTSD don’t show up on blood tests or X-rays. But courts in BC and across Canada — including the Supreme Court in Fidler v. Sun Life — have ruled that invisible illnesses are still disabilities. Your doctor’s reports, symptom journals, and witness statements can be enough.
- Pre-Existing Conditions
Many policies have clauses that exclude coverage if your disability is linked to a condition you had before your coverage began. Insurers interpret these clauses aggressively, but legal precedent shows they don’t always get the last word.
- Missed Deadlines
BC LTD claims involve strict timelines for notifying your insurer and filing appeals. Missing a deadline is a common reason for denial — but not always fatal to your case. A lawyer can sometimes challenge a denial even after a missed cutoff.
The Appeals Path in BC
A denial letter is not the end — it’s the beginning of the appeals process. Here’s how it works in British Columbia:
Step 1: Request the Insurer’s Written Rationale
The first step is to ask the insurer for their detailed reasons in writing. This locks them into a position and prevents them from shifting their story later.
Step 2: Strengthen Your Evidence
Insurers often deny LTD claims because they say there isn’t “enough evidence.” This is where you build your case with:
- Updated medical reports from specialists.
- Symptom journals showing daily impact.
- Statements from family, friends, or co-workers confirming your struggles.
Step 3: Internal Appeal vs. Litigation
Most insurers allow one or two rounds of “internal appeal” — essentially asking the same company to review its own decision. Sometimes this works, but not always. If the internal route fails, the next step is legal action. Courts in BC do overturn LTD denials.
Step 4: When to Bring in a Lawyer
The earlier you involve a lawyer, the stronger your case will be. We know the deadlines, the legal standards, and the kinds of evidence that win.
Legal Precedents That Matter in Appeals
Your appeal is stronger when supported by decisions from higher courts and tribunals that shape how LTD law is applied in BC.
- Fidler v. Sun Life (2006 SCC 30): The Supreme Court of Canada confirmed that invisible illnesses like fibromyalgia and chronic fatigue count as disabilities, even without “objective” medical tests.
- BC Human Rights Tribunal Decisions: Employers have a duty to accommodate stress-related and psychological disabilities, not just physical ones. These decisions support the principle that mental health conditions deserve equal protection.
Evidence That Wins Appeals
One of the most important lessons I share with clients is this: appeals are won with evidence. Insurers rarely back down just because you insist they were wrong — they respond when you can prove, through documentation and testimony, that your disability is real and disabling.
Here’s the kind of evidence that consistently turns a denied LTD claim into a successful appeal:
- Specialist Medical Reports: Opinions from rheumatologists, psychologists, psychiatrists, or pain specialists carry more weight than family doctor notes alone.
- Functional Capacity Evaluations (FCEs): Objective testing of your ability to work (or not work) can be powerful in rebutting insurer arguments.
- Symptom Journals: Daily logs of pain, fatigue, medication side effects, or mental health symptoms help illustrate the reality of living with your condition.
- Third-Party Statements: Letters from family, friends, or co-workers provide independent confirmation of how your illness affects your life and work.
Together, this evidence paints a full picture — clinical, functional, and personal — that insurers and courts cannot easily dismiss.
Frequently Asked Questions About LTD Appeals in BC
- Can I win an LTD appeal in BC?
Yes. Many denials are overturned on appeal when the right evidence is presented. Courts in BC have recognized that both physical and psychological conditions can qualify as disabilities.
- How long do I have to appeal a denial?
Deadlines vary depending on your policy, but they can be as short as 30–60 days for internal appeals. Lawsuits for LTD denials in BC usually must be started within two years of the denial. Don’t wait — missing a deadline can end your claim.
- Do I need “objective” proof to win?
No. The Supreme Court of Canada in Fidler v. Sun Life confirmed that invisible illnesses such as chronic fatigue, fibromyalgia, and depression are valid LTD claims even without blood tests or scans.
- Do I need a lawyer to appeal an LTD denial?
You are not legally required to have one, but having an experienced LTD lawyer dramatically improves your chances. We know the evidence insurers respond to and can ensure no deadlines are missed.
- What happens if my internal appeal is denied?
If the insurer rejects your internal appeal, you still have the right to bring your claim to court. In fact, many LTD appeals are ultimately won in litigation rather than during the insurer’s internal process.
- Will appealing my LTD denial cost me money up front?
Not at Tim Louis & Company. We usually work on a contingency fee basis, meaning you don’t pay legal fees unless we win your case.
- What kind of evidence makes the biggest difference?
Specialist reports, Functional Capacity Evaluations (FCEs), daily symptom journals, and third-party witness statements are all highly persuasive in LTD appeals.
- Can workplace stress or mental health really qualify for LTD?
Yes. Psychological conditions — including depression, anxiety, PTSD, and burnout caused by toxic workplaces — are recognized disabilities under both LTD law and human rights law in BC.
Key Takeaways
- A denial is not the end. LTD appeals in BC often succeed with the right strategy.
- Strong evidence wins. Specialist reports, journals, and third-party statements are critical.
- Deadlines matter. Appeals and lawsuits are time-sensitive — missing them can end your claim.
- Early legal advice boosts your chances. The sooner you involve an LTD lawyer, the stronger your appeal will be.
Conclusion: Turning Denial into Opportunity
Being denied LTD benefits in BC is discouraging — but it doesn’t mean the end of your claim. With the right evidence, persistence, and legal guidance, many denials are overturned.
At Tim Louis & Company, we have decades of experience helping workers fight back against unfair LTD denials. We know the tactics insurers use — and how to counter them.
Next Step: Contact us today to get advice tailored to your situation. The earlier you reach out, the stronger your appeal will be.
What Clients Say:
“At Tim Louis and Company, Tim Louis and his staff are professional, knowledgeable, but also patient and supportive. All my questions were answered, and I felt truly cared for.” — Joan Rike ⭐⭐⭐⭐⭐
Further Reading
- Supreme Court of Canada — Fidler v. Sun Life Assurance Co. of Canada, 2006 SCC 30
Landmark case confirming that “invisible” illnesses like fibromyalgia and chronic fatigue count as disabilities, even without objective medical evidence.
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2298/index.do - Supreme Court of Canada — Saadati v. Moorhead, 2017 SCC 28
Key ruling recognizing that psychological injuries (e.g., depression, anxiety) can ground compensation in tort without requiring expert medical evidence.
https://www.canlii.org/en/ca/scc/doc/2017/2017scc28/2017scc28.html - British Columbia Supreme Court — Pickering v. Workers’ Compensation Board of BC, 2025 BCSC 376
Recent decision narrowing the “labour relations exclusion” in chronic mental stress claims, opening the door to compensation where employer actions were unreasonable or in bad faith.
https://www.canlii.org/en/bc/bcsc/doc/2025/2025bcsc376/2025bcsc376.html - BC Human Rights Tribunal — Stress, Anxiety and the Duty to Accommodate
Explains how the Tribunal evaluates stress and anxiety claims, and when they amount to a disability requiring accommodation by employers.
https://bchrc.net/stress-anxiety-and-the-duty-to-accommodate/ - Canadian Legal Information Institute (CanLII) — Disability Insurance Case Law in BC
Searchable database of LTD insurance rulings and appeals in British Columbia, including updated precedents and recent case law.
https://www.canlii.org/en/bc/
