Can I make a claim for workplace stress or burnout?

Yes. If your stress or burnout has caused a mental health condition (like anxiety or depression) that prevents you from working, you can apply for LTD benefits.

What types of conditions qualify for long-term disability?

LTD claims may be made for: Mental illnesses (e.g., depression, anxiety, bipolar disorder) Chronic conditions (e.g., fibromyalgia, chronic fatigue syndrome) Injuries (fractures, spinal cord, traumatic brain injury) Neurological disorders (e.g., Parkinson’s, MS, stroke) Arthritis and autoimmune conditions (e.g., lupus, rheumatoid arthritis) GI issues (e.g., Crohn’s, colitis) Cancer and treatment side effects Diabetic complications Gynecological conditions (e.g., endometriosis)

What if I return to work and become disabled again?

Most LTD policies include a recurrence clause. If you relapse due to the same condition within a set time (usually 6 months), you can resume your claim without reapplying.

What am I suing for if I start a lawsuit?

You are suing for two things: A declaration of entitlement (proving you qualify for LTD) Reinstatement of benefits or a lump-sum settlement

What does "total disability" mean in an LTD claim?

It means you cannot perform the essential duties of your own occupation (initially), and later, any occupation for which you're reasonably suited by reason of skill, education or experience.

Can I apply for LTD if I didn’t get all my STD benefits?

Yes. If you’re still unable to work and your doctors support your condition, you can, and must, apply for LTD, even if STD was only partially approved or denied from the outset.

What do "Own Occupation" and "Any Occupation" mean?

In a long-term disability claim, you are assessed under two stages: Own occupation means you are unable to perform the essential duties of the job you held at the time of your disability. This usually applies for the first 24 months of benefits, but timeframes vary by policy. Any occupation means you are unable to perform any occupation for which you are reasonably suited, or could become suited, by education, training, or experience. Your eligibility for ongoing benefits will depend on how your condition affects your ability to work under these definitions. It’s important to read your policy to understand when each test applies.

Do I need to participate in a graduated return to work program? What if it makes my symptoms worse?

Your insurer may arrange a graduated return to work (GRTW) plan that increases your working hours over time. If the plan worsens your symptoms or you’re unable to participate, you must provide medical documentation showing how and why your condition prevents you from working.

Do I have to participate in a work hardening program?

A work hardening program is often recommended by insurers as part of a return-to-work strategy. It may include physiotherapy, education, and cognitive behavioural therapy. If the program worsens your condition or you are unable to attend, you will need to provide updated medical evidence to explain your limitations.

What is an independent medical examination (IME), and do I have to attend?

An IME is an in-person assessment by a doctor selected by your insurer. These assessments are used to evaluate your condition independently. It’s important to attend and participate honestly, as refusal could harm your claim.

What is a waiver of premium?

If your LTD claim is approved, you may not have to pay premiums for your disability and optional life insurance coverage. This is called a waiver of premium. If your claim is denied, you must continue paying premiums to maintain coverage.

What is a no evidence maximum?

Some LTD policies set a maximum benefit amount you can receive without providing medical proof, this is called a no evidence maximum. Even if your income entitles you to a higher benefit, the insurer will cap your payments unless additional medical evidence is submitted and approved.

What are "basic earnings"?

Basic earnings refer to your regular base salary from your employer. This does not include bonuses, overtime, commissions, or other incentive-based income unless specifically outlined in your policy.

Practice Area

Long-Term Disability Lawyers in Ontario

When an illness or injury prevents you from working for an extended period, long-term disability (LTD) benefits may be the only financial support you have. But insurance companies don’t always make the process easy. At Aaron Waxman and Associates, P.C., we help you understand your LTD policy, apply for benefits, and fight wrongful denials, so you can focus on your recovery, not red tape.

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Overview

What Is Long-Term Disability?

Long-term disability benefits provide income replacement to employees who cannot work due to a prolonged illness or injury. These benefits are typically included in group benefit plans offered by employers.

Key Facts:

You must complete a qualifying period (also called a waiting or elimination period).
You are required to submit a full application and ongoing medical updates.
Most LTD policies include a “change of definition,” after 2 years, you must prove you are disabled from any occupation, not just your own.
Benefits usually range from 50% to 85% of your monthly income.
Benefits may or may not be taxable, depending on how premiums are paid.

LTD policies are full of fine print, including ambiguous terms that can be hard to interpret. Our team can help you understand your coverage and explain confusing letters from your insurer.

A woman wearing glasses rests her head on her hand while reading a sheet of paper at a table, with a notebook in front of her and a concerned expression.

Depression and Anxiety

Depression and anxiety are common reasons people seek disability benefits. These conditions can cause overwhelming fatigue, difficulty concentrating, persistent sadness, panic symptoms, and an inability to cope with workplace demands. When symptoms make it difficult or impossible to function in your job, you may qualify for long‑term disability. Medical documentation from your doctor or mental health professional is often required to show how these conditions limit your ability to work.

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Fibromyalgia

Fibromyalgia is a chronic condition that causes widespread pain, extreme fatigue, cognitive difficulties, and sleep disturbances. Flare‑ups can be unpredictable and can make it very difficult to complete regular work tasks or maintain consistent hours. Because symptoms are often invisible, disability insurers may require detailed medical evidence. Disability benefits can provide support while you seek treatment or while your symptoms stabilize.

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Chronic Pain

Chronic pain can result from injuries, repetitive strain, medical conditions, or unknown causes. It often limits mobility, concentration, and the ability to perform physical or even sedentary tasks. When pain persists beyond expected recovery timelines and prevents you from doing your job safely or effectively, you may qualify for disability. Proper medical reports, diagnostic testing, and treatment records are typically needed to support a claim.

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Bipolar & Mood Disorders

Bipolar disorder and other mood disorders can significantly affect daily functioning, decision‑making, and workplace performance. Individuals may experience periods of depression, elevated mood, irritability, or disrupted sleep patterns. These symptoms can interfere with concentration, communication, reliability, and overall workplace stability. Disability benefits may be available when mood episodes prevent you from working and when your doctor recommends time off for treatment and stabilization.

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Cancer and Post-Cancer

A cancer diagnosis can turn your life upside down. Even when treatment ends, many people continue to experience side effects that make it difficult to return to work. If you are applying for long-term disability (STD) or long-term disability (LTD) benefits because of cancer or post-cancer complications and your claim is denied or terminated, Aaron Waxman and Associates, P.C. can help you understand your options across Ontario.

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SISIP

If you are a currently serving member or veteran of the Canadian Armed Forces (CAF) and you cannot work due to illness or injury, you may qualify for CAF Long-Term Disability (CAF LTD) benefits through SISIP Financial Services, insured by Manulife. When a SISIP (CAF LTD) claim is denied or benefits are cut off, it can create immediate financial pressure for you and your family. Aaron Waxman and Associates, P.C. supports clients across Ontario with denied military disability and SISIP LTD claims.

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Orthopaedic Injuries

A serious orthopaedic injury, whether from a car accident, a fall, or an incident at work, can take a real toll on your body, your finances, and your daily life. If you're facing a denied or terminated disability claim while trying to recover, you don't have to figure it out on your own. Our Ontario disability lawyers can help you understand your denial, gather the right medical evidence, and pursue the benefits you're entitled to.

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Neurological Diseases

A neurological disease, whether multiple sclerosis, Parkinson's, epilepsy, or another condition affecting the brain and nervous system, can bring unpredictable symptoms and a long road of treatment and adjustment. If your disability claim has been denied or your benefits cut off while you're managing a neurological condition, our Ontario disability lawyers can help you understand your denial, gather the right medical evidence, and pursue the benefits you're entitled to.

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Why Work With Aaron Waxman and Associates, P.C.?

Choosing the right legal team can make all the difference when your benefits are on the line. Here’s why clients trust us:

Deep experience handling disability claims and denials
Clear, practical advice to help you understand your policy and your options
You don’t pay unless we win. Our contingency fee model puts clients first
We support mental health claims, including those involving workplace stress, burnout, and psychological illness
We deal with your insurer, so you don’t have to face them alone

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Fighting for Your Rights with Compassion & Commitment

Real Care, Real Advocacy

We take the time to understand what you are facing, then build a plan that protects your rights and supports your next steps.

We Handle the Pressure For You

We take on insurer and employer pushback, manage deadlines, and keep your claim moving so you can focus on recovery and stability.

Talk to Aaron, Not a Substitute

Aaron Waxman isn't just the name on the door. He's the one who will be sitting down with you to discuss your situation and walk you through your options.

Recognized Among Canada's Top Firms

Aaron Waxman & Associates was named one of Canada's Top Personal Injury Boutique Law Firms for 2025 by Canadian Lawyer Magazine - recognition built on years of trusted, experienced advocacy.

Frequently Asked Questions

Can't find your question here? Contact us today.

In some circumstances, yes. If your employer's group benefits included LTD coverage, you may still be able to apply, even if your employment has ended.

Long-Term Disability Lawyers in Ontario

What Is Long-Term Disability?

Long-term Disability

Depression and Anxiety

Fibromyalgia

Chronic Pain

Bipolar & Mood Disorders

Cancer and Post-Cancer

SISIP

Orthopaedic Injuries

Neurological Diseases

Why Work With Aaron Waxman and Associates, P.C.?