Mental Health and Long-Term Disability Denials in BC

Mental Health and Long-Term Disability Denials in BC: How to Fight Back After a Depression, PTSD or Anxiety Claim Is Rejected
Expert Legal Review by Tim Louis – One of BC’s Most Trusted LTD Lawyers
When the System Fails You
You never thought you’d be here.
Not long ago, you were pushing through your workdays, holding everything together—until you couldn’t. Somewhere between the pressure, the sleepless nights, the panic attacks in the bathroom or the numbness you couldn’t explain, you reached a breaking point. A doctor finally gave it a name: depression, anxiety, PTSD—something real.
So, you filed for long-term disability, thinking, “Finally, I can breathe. I can rest. I can begin to heal.”
Then the denial came.
A letter. Cold. Clinical.
A decision made by someone who’s never met you.
“Insufficient medical evidence.”
“Not totally disabled.”
“Claim not approved.”
It’s not just a financial setback. It feels like they’re denying your reality. As if they’re saying your pain doesn’t count. That what’s happening to you doesn’t qualify as real suffering.
Let us tell you something clearly:
You’re not imagining it. You’re not weak. And this is not the end of your story.
At TimLouisLaw.com, we’ve stood with people just like you—strong professionals, parents, partners, caretakers—who’ve quietly carried invisible burdens until they collapsed under the weight. We’ve helped them make sense of LTD denials, understand their rights, and rebuild their path forward.
Because what you’re going through isn’t rare.
But the right support? That’s rare—and you deserve it.
You don’t need to suffer in silence, and you don’t need to fight this battle alone.
Read how Tim Louis Law fights for clients with invisible disabilities → https://timlouislaw.com/ltd-for-invisible-illnesses-in-bc/
Understanding the Landscape in BC
Navigating an LTD claim is hard enough—add in the fine print of an insurance policy, and it can feel like trying to read through fog.
What most people don’t realize is that many LTD denials aren’t based on whether your condition is “real” or not. They’re based on definitions, timelines, and buried clauses—details that can work against you if you don’t know what to look for.
Here’s what you need to understand:
“Own Occupation” vs “Any Occupation”
When you first apply for LTD benefits, most policies define disability based on whether you can do your own job. This is called the “own occupation” period. If your condition prevents you from performing the core duties of the work you were doing before your disability, you may qualify—at least at the start.
But after 24 months, many policies switch the definition. Now, your insurer may only pay you if you can’t do any occupation you’re reasonably suited for—regardless of whether it matches your training, income level, or past responsibilities.
That architect with PTSD? After two years, the insurer might claim she can flip burgers at a fast-food restaurant and deny her claim.
This shift catches thousands of people off guard—and it’s one of the most common points of denial in mental health cases.
Many professionals don’t even realize the definition has changed until their payments stop.
You might be wondering:
“What’s the difference between ‘own occupation’ and ‘any occupation’ in LTD claims?”
Here’s what matters:
During the first 24 months, LTD usually covers your ability to do your own job. But after that, insurers often deny benefits if they believe you can perform any job—regardless of how unsuitable it is for your skills, experience, or mental health limitations.
The 24-Month Mental Illness Clause
Many LTD plans contain limitation clauses that cap benefits for “mental or nervous disorders” at just 24 months—no matter how severe the condition is.
These clauses are deeply controversial. They imply that mental illness has an expiry date—that after two years, you should be “better.”
But here’s the truth: mental illness doesn’t follow a schedule. Depression isn’t cured by a calendar. Trauma doesn’t pack up at the two-year mark.
There are exceptions to these limits—especially if your policy is unclear, or if your condition overlaps with other physical symptoms. But you’ll need legal support to navigate that grey area effectively.
Read the Fine Print. Twice.
Every LTD policy is different. Some are written to give insurers wide discretion. Others are more protective of your rights—but you’d never know unless you read closely.
- Are mental health conditions listed as exclusions?
- Is there a change in definition after 24 months?
- Does your policy require “objective evidence” of disability?
You can’t fight what you don’t understand. And most policies weren’t written for you—they were written to protect insurers.
Tip:
You have a legal right to fair treatment under BC’s Human Rights Code. If your insurer discriminates against your mental health condition, you may have grounds for legal action.
Why Mental Health LTD Claims Get Denied — Even When They’re Real
Your diagnosis is real. Your struggle is real.
But for many insurance companies, that’s not enough.
Mental health LTD claims are denied at alarming rates—not because the pain isn’t legitimate, but because the system is wired to doubt you. If you’ve been denied, chances are it wasn’t personal. It was procedural.
Here’s how the game is played:
“Lack of Objective Evidence”
Mental illnesses don’t show up on X-rays or blood tests. They’re invisible, often fluctuating, and hard to quantify.
And yet, many insurers still expect “objective evidence”—something that doesn’t really exist for depression, anxiety, PTSD, or panic disorders.
So when you submit a claim backed by psychotherapy notes, physician letters, and symptom descriptions, they may say:
“We acknowledge your condition, but there’s no objective evidence of total disability.”
That’s code for: We don’t trust mental health claims.
Surveillance & the “You Look Fine” Fallacy
Insurers sometimes hire private investigators to follow claimants. They look for you walking your dog, attending a yoga class, or buying groceries.
If they catch a few minutes of what looks like “normal” behaviour, they’ll argue:
“You appear functional in public. This contradicts your reported limitations.”
But here’s what they won’t show:
- The panic attack that happened before you left the house.
- The three days in bed that followed.
- The mental strain of pretending to be okay.
Living isn’t the same as healing. Functioning for an hour doesn’t mean you’re able to work full-time again.
Doctor’s Notes That Undermine You (Unintentionally)
Your family doctor may mean well—but a vague or incomplete note can wreck your LTD claim.
Phrases like:
- “Patient is stressed”
- “May benefit from some time off”
- “Experiencing burnout”
…may sound accurate, but they lack functional language. Insurers want clear statements that show how your condition limits your ability to perform essential work duties.
Without that? Your claim looks optional, not necessary.
Stigma in Disguise: “You Just Need a Break”
Even when policies claim to support mental illness, bias seeps through. There’s an undercurrent of dismissal:
“You’re tired, not disabled.”
“You just need a bit of rest.”
“Try harder. It’ll pass.”
Insurers use this line of thinking to frame your suffering as temporary—or worse, as weakness. It’s a subtle but powerful strategy that results in valid claims being turned away.
That’s why so many people, even with serious diagnoses and strong medical support, still hear “Denied.”
And that leads us to a question we hear almost every day:
Q: Why did my LTD claim for depression get denied?
A: Insurers often deny depression or anxiety-related LTD claims due to lack of “objective medical evidence,” vague doctor’s notes, or surveillance that misrepresents your condition—even when your disability is very real.
The Top 5 Mistakes Professionals Make on Mental Health LTD Claims
Even the most capable people—doctors, engineers, project managers, teachers—can make critical mistakes when filing a long-term disability claim for mental health reasons. It’s not because they’re careless. It’s because the system is built to confuse, discourage, and quietly deny.
Here are the five most common—and most costly—errors we see:
- Thinking a Diagnosis Means Automatic Approval
You finally get a diagnosis—depression, anxiety, PTSD—and assume the battle is over. But insurers don’t pay claims based on diagnosis alone.
They want detailed proof that your condition prevents you from doing your job, not just that you’ve been labeled with a disorder.
Without functional evidence, a diagnosis becomes a label—not a lever.
- Using Vague Language Like “Stress” in Doctor’s Notes
Words matter. And vague terms like:
- “Overwhelmed at work”
- “Experiencing stress”
- “Needs time off”
…can sink your claim.
Insurers will argue you’re simply “tired” or “burnt out”—not disabled.
What you need is specific, clinical language that describes how your condition limits your capacity to perform core job duties.
You might be wondering:
Q: What’s the biggest mistake people make on a mental health LTD claim?
A: Many people assume their diagnosis is enough. But without documentation showing how your condition limits your ability to work, your claim may be denied—even if your symptoms are severe.
Returning to Work Too Soon
You want to be helpful. You want to show you’re trying. But going back to work before you’re ready—even part-time—can send the wrong message to your insurer.
They might see it as proof that you’re capable, even if the attempt worsened your condition.
And if they’ve got you under surveillance? That single act of “pushing through” might be used against you.
- Not Getting a Strong Letter from Your Healthcare Provider
Your healthcare team plays a crucial role in your LTD claim—but many professionals don’t realize their doctor’s wording can make or break it.
You need a letter that includes:
- Your diagnosis
- Treatment plan
- Clear statement of functional limitations
- Duration of disability
Tim Louis explains how to write an LTD-supportive physician letter → https://timlouislaw.com/long-term-disability-lawyer-vancouver-bc/
- Trusting the Internal Appeal Process
Most insurers have an internal appeal option—but that doesn’t mean it’s designed to help you.
In reality, many internal reviews are done by the same people who issued the denial.
Without legal representation or strategic documentation, you may just be giving them more time to reinforce the original rejection.
Before appealing, get advice. Know your leverage. Understand what they’re really looking for.
A Real-Life Journey: “Emma’s Case”
Names and details have been changed to protect privacy. This story is a composite drawn from real cases.
Emma was 39.
A respected architect. Highly organized. A quiet leader on her team. But after surviving a traumatic incident on a job site, the Emma her colleagues once knew began to vanish.
The anxiety crept in first—then the insomnia. Then the silence.
Within six months, she was diagnosed with PTSD.
Her doctor advised her to take a leave from work and file for long-term disability benefits. She submitted the paperwork, therapy notes, and supporting documents in good faith.
Weeks passed. Then came the letter.
Denied.
The insurer claimed that although she had “emotional distress,” her records didn’t show that she was “totally disabled.”
Emma almost gave up. She blamed herself.
She thought: Maybe I didn’t say it right. Maybe PTSD doesn’t count. Maybe I am still functional…
That’s when she was referred to Tim Louis Law.
What Tim’s Team Did Differently:
- Reframed her medical file through a legal lens—clarifying not just her diagnosis, but the functional impact on her ability to work.
- Coordinated with her therapist and physician to create updated support letters that clearly documented how even minor work tasks triggered symptoms.
- Challenged the insurer’s definition of “totally disabled” under her policy’s own terms.
Three months later, the decision was reversed.
Emma’s LTD benefits were approved retroactively, and she finally had space to focus on healing—without the pressure of proving her worth.
You might be thinking:
Q: Can someone with PTSD win an LTD appeal in BC?
A: Yes. With the right legal support and strong medical documentation, people living with PTSD can absolutely win appeals—even after being initially denied.
We’ve helped dozens like Emma. Here’s what you can do now → Contact Tim Louis Law
What To Do If You’ve Been Denied
First—breathe.
If you’ve received a denial letter for your LTD claim, you are not out of options. Many people win on appeal. But the difference between success and another rejection often comes down to timing, documentation, and strategy.
Here’s where to begin:
- Request the Denial Letter in Writing
If you haven’t already received a written denial, ask for one immediately. You have the right to know exactly why your claim was rejected.
This document will outline:
- The insurer’s reasons
- The clauses or definitions they relied on
- Your timeline to respond or appeal
Without this letter, you’re navigating blind.
With it, you can start building your case—fact by fact.
- Understand the Internal Appeal Timeline
Most insurers offer an internal appeal process—but they don’t wait forever. You usually have 60 to 90 days to submit new information.
But here’s what most professionals don’t realize:
Submitting a rushed or poorly constructed appeal can hurt your chances if you later need to take legal action.
- Talk to a Lawyer Before Reapplying
This is a mistake we see too often: a well-meaning person re-applies on their own, thinking they just need to “explain it better.”
But every submission becomes part of your claim history.
Weak appeals or inconsistent documents can be used against you—especially if your case ends up in court.
A lawyer trained in LTD law can help:
- Reframe your claim using policy language
- Coordinate strong medical letters
- Challenge flawed assumptions in the denial
- Start Documenting Functional Limitations Today
Even if you’re not ready to submit anything, start keeping a journal. Focus on:
- What tasks you can’t do consistently
- How symptoms interfere with work activities
- The emotional, cognitive, or physical impact of daily life
This isn’t about dramatizing your pain—it’s about showing patterns insurers can’t ignore.
You might be asking:
Q: What should I do if my LTD claim is denied?
A: Start by requesting the denial letter in writing. Then talk to a lawyer before appealing. Don’t rush into reapplying—build your case with strategy and support.
Free Download
“Mental Health LTD Denial Checklist for Professionals in BC”
Everything you need to document, request, and prepare after a denial—without feeling overwhelmed.
Your Legal Rights in BC
Insurance companies don’t always tell the full story. When they deny a mental health LTD claim, it can feel final—like a door slamming shut.
But here’s what they don’t want you to know:
You have rights. Real, legally protected, enforceable rights.
British Columbia law—and Canadian law more broadly—offers multiple legal shields for people facing discrimination, dismissal, or unjust treatment related to mental health and disability.
Mental Illness Is a Legally Protected Disability
Under the BC Human Rights Code, mental health conditions are recognized as disabilities. This means insurers, employers, and institutions must accommodate your condition up to the point of undue hardship.
If your claim is denied based on bias, vague policy language, or lack of understanding about mental illness, you may have grounds for legal challenge.
And under Section 15 of the Canadian Charter of Rights and Freedoms, you are guaranteed equal protection under the law, regardless of physical or mental disability.
The Insurance Act (BC)
Your insurer has a legal duty to:
- Act in good faith
- Provide clear reasons for any denial
- Allow you a fair opportunity to appeal
If they fail to meet those duties—or manipulate policy wording to justify denial—they can be held accountable.
Limitation Periods Matter
In BC, you typically have two years from the date of your denial to file a lawsuit if needed. This timeline matters.
Many people lose their right to fight back simply because they waited too long to act.
This is why getting legal advice early is so important. Not because you’re planning to sue—but because you need to know your options before time runs out.
You might be wondering:
Q: Is mental illness considered a disability under Canadian law?
A: Yes. Conditions like depression, PTSD, and anxiety are protected disabilities under the BC Human Rights Code and the Canadian Charter. You have the right to fair treatment—and legal action if your claim is denied unfairly.
FAQs for People Recently Diagnosed with Mental Health Conditions
A diagnosis can bring both relief and fear. Relief that there’s a name for what you’re going through. Fear that no one—especially your insurance provider—will believe it’s enough.
These are the questions we hear most often from professionals in BC facing new mental health diagnoses and difficult decisions.
❓ Can I get LTD for anxiety or depression?
Yes—if your condition significantly impairs your ability to work.
Depression, anxiety, and related disorders are legitimate medical conditions. If your symptoms prevent you from performing the essential tasks of your job, you may be eligible for LTD benefits.
But here’s the catch: insurers often require more than a diagnosis. They need documentation that shows how your condition affects work function.
Q: Can I get LTD for anxiety or depression in BC?
A: Yes—if your condition prevents you from doing your job. You’ll need documentation showing how anxiety or depression affects your work duties.
❓ What if I already returned to work but I’m still struggling?
This is incredibly common. You might have felt pressure to go back—or thought you were ready.
If your symptoms return or worsen, that doesn’t disqualify you from an LTD claim. But be cautious: going back to work is often used by insurers as “evidence” you’re fine.
You’ll need a doctor’s note explaining the situation clearly—and strong documentation of your ongoing limitations.
❓ Will I lose my job if I file an LTD claim?
Filing an LTD claim is not the same as quitting your job.
In fact, under BC’s Human Rights Code, you’re protected from discrimination based on disability—including mental health conditions.
Your employer may fill your position temporarily, but in most cases, you retain the right to return if and when you’re able.
❓ Is PTSD enough to qualify for LTD?
Yes.
PTSD is a recognized psychological disability, and if it significantly interferes with your ability to perform your job, you may qualify for LTD.
The key is showing functional limitations—not just that you’ve been diagnosed, but how your trauma affects your concentration, communication, memory, or ability to handle stress in a work setting.
❓ Should I see a lawyer or try appealing on my own?
You can technically appeal on your own—but we don’t recommend it.
Appealing without legal support is like going to court without knowing the rules. You may unknowingly submit something that undermines your case.
A disability lawyer can:
- Translate your symptoms into legal language
- Strengthen your claim with proper documentation
- Protect your right to sue if the appeal fails
Q: Should I hire a lawyer to appeal an LTD denial?
A: While it’s not required, hiring a disability lawyer gives you a much better chance—especially for mental health claims, where wording and documentation are critical.
Explore our full Mental Health FAQ Hub →
How Tim Louis Law Can Help You Today
You don’t need to face this alone.
When your insurer questions your diagnosis, minimizes your symptoms, or rejects your claim with cold language—Tim Louis Law steps in with clarity, care, and legal strength.
A Compassion-First Approach Backed by 40+ Years of Experience
For over four decades, Tim Louis has fought for people whose voices weren’t being heard—especially those battling invisible illnesses like depression, anxiety, and PTSD.
This isn’t just legal work. It’s advocacy with a human heart.
Whether you’re a teacher with burnout, an engineer with PTSD, or a healthcare worker fighting back tears in silence, Tim’s team understands how mental health affects working professionals—and how to prove it in legal terms.
📞 Free Consultations—Real Conversations
Your first call is confidential and completely free.
You’ll speak to someone who gets it. Who knows the difference between a claim that’s unfairly denied and one that can be turned around.
You’ll walk away with a plan—not a pitch.
Q: Why should I call Tim Louis Law for an LTD denial?
A: Tim Louis has over 40 years of experience helping people denied LTD for mental health reasons. He offers free consultations, no-win-no-fee representation, and a compassionate approach rooted in justice.
Tim Louis has helped hundreds of professionals win LTD appeals after depression, PTSD, and anxiety denials.
Start your path forward today → Book Your Consultation
Resources
You’ve made it this far, and that matters.
Understanding your rights, your options, and how to fight back after an LTD denial takes strength—and you don’t have to figure it out alone.
Here’s a curated list of trusted resources that can support you emotionally, medically, and legally as you move forward:
Legal Support & Disability Advocacy
- Tim Louis Law – Long-Term Disability Claims
Compassionate, experienced legal support for LTD denials in BC. Free consultations, no-win-no-fee structure. - Community Legal Assistance Society (CLAS) – BC
Legal aid and advocacy for people facing discrimination or denial of rights due to disability or illness. - Disability Alliance BC
Support for British Columbians navigating disability benefits, advocacy, and appeals.
Mental Health Services in BC
- Canadian Mental Health Association – BC Division
Programs, crisis support, and community care for people living with mental illness. - BounceBack® BC
Free skill-building program for managing depression and anxiety, recommended by many family doctors. - Foundry BC
Support for youth and young adults (ages 12–24) dealing with anxiety, depression, trauma, and more.
Download
Mental Health LTD Denial Checklist for Professionals in BC
A step-by-step guide to what to request, document, and prepare after your LTD claim is denied.
Perfect for newly diagnosed professionals who need direction without overwhelm.
Q: Are there free resources in BC for people denied LTD for mental health reasons?
A: Yes. You can contact Tim Louis Law for a free consultation, and access support from CMHA, Disability Alliance BC, and BounceBack BC.
If you’re still unsure where to begin, start here:
Contact Tim Louis Law
A real conversation. A path forward. Your story deserves to be heard.
🔁 This page is part of the Living Content System™ by Fervid Business Solutions.
Our legal guides are continuously reviewed and updated to reflect the latest changes in British Columbia disability law, including court decisions, statutory updates, and evolving best practices.
🕒 Last reviewed: June 8, 2025
👤 Reviewed by: Tim Louis, Long-Term Disability Lawyer – Vancouver, BC
✅ Legal Area: Mental Health & Long-Term Disability Denials
📍 Serving: All of British Columbia