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Depression

Depression

Personal Injury


In Ontario, the law recognizes depression as a mental injury caused by a traumatic event. This event can be physical, psychological, or a combination of both. For example, a traumatic event can be a car accident, a violent attack, or the death of a close family member.

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Depression Disability


Depression is a serious issue that affects many people in Ontario and around the world. It can be a debilitating disorder that may even be considered a personal injury due to its effects on the mental and physical health of those who suffer from it. In Ontario, there are several ways depression can be considered a personal injury, and those who suffer from it may be entitled to compensation.


In Ontario, the law recognizes depression as a mental injury caused by a traumatic event. This event can be physical, psychological, or a combination of both. For example, a traumatic event can be a car accident, a violent attack, or the death of a close family member. If you experienced a traumatic event and then developed depression as a result, you may be eligible for compensation.


The first step for filing a personal injury claim is to speak with us and prove that the depression was caused by the traumatic event. Our team will need to review all relevant medical records and evidence to make sure the claim is valid. Once our paralegal has gathered all the necessary evidence, they can make a determination regarding the validity of the claim.


If the claim is found to be valid, you may be eligible for compensation. This can include lost wages, medical bills, and psychological treatment costs. Additionally, a court may award non-economic damages such as pain and suffering. In some cases, the court may also award punitive damages, which are meant to punish someone for their actions.


Depression is a serious issue that can have an enormous impact on your life. If someone in Ontario has developed depression due to a traumatic event, they may be eligible for compensation. It is important for you to speak with us and gather all the necessary evidence before attempting to file a personal injury claim. Doing so will help ensure that you are properly compensated for your suffering.




We Understand Your Depression

When it comes to personal injury claims related to depression, Cordaie Paralegal Services can be a great resource. We understand the complexities of this type of claim and can provide the necessary guidance and legal advice to help you receive the compensation you deserve.


Depression is a serious mental health condition that can have a significant impact on a person’s life. Its effects can range from minor to severe, and it can cause physical, psychological, and social problems. As a result, the individual may face a variety of challenges that could potentially lead to financial strain.


When pursuing a personal injury claim related to depression, it is important to consult with our firm. We can provide the necessary legal advice and guidance to ensure that your claim is handled properly and that you receive the compensation you deserve.


We will first assess the details of your claim in order to determine if you have a valid case. Our team will also advise you on the best course of action and provide the necessary legal representation.


In addition, we can help you obtain medical records and reports that are relevant to your case. This can be important evidence, as it can provide proof that your depression was the result of an injury and not pre-existing mental health issues.


Finally, our paralegals can help you negotiate a settlement or file a lawsuit if necessary. They will ensure that your rights are protected and that you receive a fair settlement.



Overall, Cordaie Paralegal Services is an invaluable resource when it comes to personal injury claims related to depression. We understand the complexities of this type of claim and can provide the necessary guidance and legal advice to ensure that you receive the compensation you deserve.

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Depression

Some information that you should know about depression disability claims.


Depression: Disability Claims


An individual who is unable to work due to depression or anxiety may qualify for disability benefits. Depression sufferers can obtain disability benefits with our dedicated team. It is Cordaie Paralegal Services' commitment to providing their clients with personalized attention and a realistic assessment of their chances of recovering disability benefits through the use of their paralegal services.


Depression: Income Support


Your job performance can be adversely affected by clinical depression. In the Ministry's classification of mental health conditions as disabilities, this is included. Canadians suffer from mental illnesses at some point in their lives, but these diseases are sadly stigmatized by society. Many Canadians may not be aware that they may be eligible for benefits if they suffer from severe depression on an ongoing, regular basis.


Depression: Employment Insurance (EI) Sickness Benefits


EI sickness benefits are temporary disability benefits. EI is a program run by the federal government that pays workers' benefits. Over 15 weeks, EI pays you approximately 55 percent of your salary. It is necessary to have recently made a payment into the EI program to be eligible for it.


To apply for EI benefits, you need to use Service Canada's online application system. There is no need to go to any Service Canada office to apply; you can do it from the comfort of your own home. Your doctor will need to verify that you will not be able to work for the 15 weeks covered by EI to receive benefits. As soon as you decide that you would like to confirm your sick leave, you will need to get in touch with your employer so that he can issue you a Record of Employment (ROE) that confirms the leave you have taken.


It is important to know that if you are eligible for short-term disability benefits you will not be able to claim both short-term disability benefits and Employment Insurance benefits at the same time.


Depression: Short-term Disability (STD) Benefits


Temporary disability payments are also known as short-term disability benefits (STD). Your benefits will be paid at a rate of 50 to 67 percent of what you earn. In most cases, you will be able to get them for 15 to 17 weeks, but sometimes longer. The payments will usually be sent to you every two weeks in most cases. These benefits are offered either by the company or by a group insurance plan provided by the company. Both employee assistance programs are run on behalf of the employer by an outside agency that is hired by the employer.


It is only if you have a company-sponsored plan that you are eligible for this program. However, not all employers offer this benefit to their employees. In case your employer does not provide you with EI sickness benefits, you might still be able to apply for them.

In addition to that, if you qualify for STD, then you will not qualify for EI as well. It may be possible for you to get STD payments instead of EI benefits if you can get those.


Your employer or the insurance company will provide you with the forms that you need to fill out. It is necessary to fill out three forms to apply. In addition to the one for you, there is one for your doctor and one for your employer. For the insurer to be able to process your claim, it is up to you to return all the forms.


There is a possibility that your application may be denied, but you can ask for a review. An internal appeal is what is known as an appeal within the organization. If you wish to appeal your claim, another employee in the company will review it during the appeal process. The number of appeals you can have is three or four at a time. It might be necessary for you to appeal to an outside judge after that, or you may even have to file a case with the courts. There are several options available to you depending on your situation.

Depression: Long-term Disability (LTD) Benefits


Benefits for long-term disability (LTD) last longer than short-term disability (STD). An LTD claim can last for many years if you are successful in getting payment. The benefits of a policy will typically last for a certain number of years, like two, five, or ten, for example, as specified in the policy. It may be that they last until a certain age, usually 65 years of age, or they may last indefinitely.

Typically, LTD payments cover between 50 and 67 percent of the amount you earn every month. There is only one payment a month rather than payments every two weeks. It is common for LTD benefits to be derived from group plans or private insurance policies, just like STD benefits.


There might be LTD benefits included in the group medical plan that your company offers, so make sure to check that out. If you are a member of a union, your medical plan is likely to include LTD coverage for you. There are also private insurance policies that may be able to cover these expenses if you are self-employed or underinsured. There are two types of privacy policies. There are usually fixed amounts that are paid out, but there are also policies that pay a percentage of your income.


You can apply for LTD insurance by filling out a form and sending it to the insurer as soon as possible. Again, you are likely to receive three forms in the mail. You should have one for yourself, one for your employer, and one for your doctor. It is your responsibility to submit them, and again, it is your job to do so. As soon as the insurer receives all of your paperwork, a decision will be made.

In the same manner, as with STD claims, you can appeal a denial of your claim. There may be two to three internal appeals that you will be able to make under your LTD plan. Afterwards, you would have to attend an appeal hearing with an outside judge - or you could file a lawsuit with the court.


Depression: CPP Disability Benefits


The CPP provides coverage for permanent disabilities as part of its benefits. Depending on your eligibility, you may be able to receive benefits up until the age of 65. As of now, payments range from $524.64 to $1,457.45 per month, depending on the type of service. In terms of how much you receive, it is based on how much you paid into the program. As you contribute more, the more you are going to get back in return. If you work for a living and receive a salary, then you also pay into CPP as you do with EI.


Having the right amount of CPP credits is essential for you to qualify for CPP disability benefits. If you are a former spouse, credit can be split with her/him or you can contribute to the pension plan of another country to get credits. Alternatively, you can also qualify for tax credits if you have to stop working to take care of your children.


In some cases, you may be able to get LTD and CPP at the same time. The LTD insurer does have the right to deduct your payments in the same amount as your LTD benefits, but this is not always the case. Suppose, for instance, you receive $900 from the CPP disability program, and your insurer can reduce its payment in the same month by $900 as well. 


 Despite having enough credits, you will still be required to prove that your disability is both "severe and prolonged." This means that you are unable to work regularly and earn a living. It is unlikely that a prolonged disability will improve soon.

By filling out the CPP disability forms, you can apply for CPP disability benefits. To complete the medical report, your doctor or nurse practitioner will need to fill it out. It is then necessary for you to send your application to the local office of Service Canada which is responsible for your province.


When Service Canada denies your claim, there are two levels of appeal that you can pursue. An appeal for reconsideration is the first step in the appeal process. This appeal must be filed within 90 days of receiving the denial to be considered. If you are denied again, then you can appeal your case to the Social Security Tribunal. It is also important to note that the deadline is also 90 days.

If you file a claim with the tribunal, you will be presented with a three-member panel or a judge to decide on your claim. If you wish to give evidence during the hearing or answer questions, you are welcome to do so.

Depression: Workplace Safety & Insurance Board (WSIB) Benefits


The workers' compensation system pays long- and short-term benefits to injured workers. There is a different program for each province. An injury sustained at work qualifies you for benefits. It is also important that your employer is covered - not all jobs are.


Your depression can be caused or worsened by a workplace injury, even though it is difficult to prove. The Ontario WSIB now allows claims for "work-related mental stress injuries" caused by their jobs. It's not a policy adopted by all workers' compensation programs in Canada, but workers in Ontario are covered.


You need a doctor's approval to prove that the workplace injury caused the depression or made it worse. To qualify, you must have a diagnosis of depression or a related mental illness. It is important to prove what specific conditions or events led to depression at work. It is common for employees to be harassed or bullied at work. Your employer or co-workers will need to verify these events independently for the workers' compensation program.


Short- and long-term disability payments overlap with workers' compensation payments. You should seek legal advice if you have any concerns about payments. In some provinces, you may retain your CPP disability benefits as well as your workers' compensation benefits.


In the event your claim for workers' compensation is denied, you need to follow the appeal procedure for your province. There are also two levels of appeal in these programs: the internal reconsideration process and the external appeal process. This tribunal is called a Workplace Safety and Insurance Appeals Tribunal (WSIAT) in Ontario.



Depression: Veteran Affairs Canada (VAC) Benefits


You may qualify for short or long-term disability benefits from Veterans Affairs Canada (VAC) if you served in the Canadian Forces.

To qualify, you must demonstrate that your depression was caused or worsened as a result of a "service-related injury." A doctor will also need to confirm the diagnosis.


Veterans Affairs Canada has both an online and a paper application process for VAC disability claims. A VAC representative will review your service medical records and ask for more information if necessary. Veterans Affairs follows a familiar process for appealing denials: internal reconsideration, followed by Veteran's Review and Appeal Tribunal hearings.


Depression: Ontario Disability Support Program (ODSP) Benefits


In Canada, every province pays income support benefits to people who can't work due to disabilities. For those who qualify, fixed payments can be received for the rest of their lives.


Even if you have never worked, you may be eligible for provincial benefits. These tax benefits, however, are only available if your total family income is below a certain level. There is a difference in that amount between provinces. It is not determined by the family income whether a particular disability benefit will be approved or not.


You apply for disability benefits through your provincial agency or program if you are eligible for them. In most cases, you will need an official report or certificate from your physician confirming that because of your medical condition, you cannot work.


There is a chance, if you have been denied, that you can appeal internally within the program or agency. You are also able to appeal a final decision to an outside tribunal in some provinces if you wish. To determine what the proper procedure is in your province, check with them.

 

Depression: Disability Tax Credit for Depression


You can lower your taxable income by taking advantage of the disability tax credit. To qualify, you must suffer from a severe and prolonged impairment as defined by the program. There is, however, a higher standard for this program than for others.

You may be able to get some of your previous taxes refunded if you qualify for this credit.


The timeline of your condition will determine how long it takes. To apply, you must fill out a T2201 form and send it to Revenue Canada.

If Revenue Canada rejects your claim, you can appeal it internally. The Tax Court of Canada must be contacted again if your appeal fails.


Frequently Asked Questions

Here are answers to some common questions. 


Depression


  • What is the status of depression as a disability in Canada?

    All disability benefit providers in Canada recognize depression as a disability. This condition has benefits available to its sufferers. You will not qualify for treatment merely because you have a diagnosis. 


    People who can prove that their conditions make it impossible for them to work are entitled to benefits from the providers. When providers review a claim for depression, they focus on the severity of your symptoms when making a decision. They will consider the medical treatment you've received in the past and the treatment plans that you have in the future. 


    A doctor will look at your symptoms as well as the degree to which you have tried to maintain your work schedule despite your symptoms. All of this information must be documented in medical records or in other paperwork that you submit as part of your claim.


  • When a person has depression, what are some of the symptoms they experience?

    Major depressive disorder, commonly known as depression, is a mood disorder associated with ongoing and persistent feelings of sadness and loss of interest. 1 out of 4 Canadians is estimated to suffer from depression that is severe enough to require treatment at some point in their life.


    Depression symptoms vary for each person. 


    The most common symptoms are:

    • A feeling of guilt, worthlessness, helplessness, or hopelessness
    • An inability to enjoy activities that are usually enjoyed
    • An increase or decrease in appetite or weight
    • A disturbance in sleep
    • A feeling of fatigue or decreased energy (without significant physical exertion)
    • Concentration problems or difficulty making decisions  
    • Feeling depressed  
    • Having thoughts of death

  • In terms of disability claims, how common is depression?

    In 2019, a Sunlife study found that mental health was the most common cause of long-term disability claims. More than 30 percent of long-term disability claims are attributed to mental health issues. There is a greater percentage of deaths caused by this than by cancer and accidents combined.


    The main cause of mental health claims is depression, which accounts for more than half of them. If you are suffering from depression, you are not alone. 


    A long-term disability caused by this condition is one of the most common causes of disability. In Canada, depression is responsible for a large proportion of disability claims; however, proving that someone has a depressive disorder is likely to be difficult for insurers to accept. 


    Unlike cancer or other physical medical conditions, insurers cannot physically see depression, which is why they cannot pay for it. You can rely on our team of professionals to help you provide proof to your insurance company that you need disability benefits. 


  • In the case of depression, what types of disability benefits are available?

    There are a few options that are available to you if you become unable to work because of depression. There may be a possibility that you can receive disability benefits from your employer, your insurer, or the government.


    There are several options available to Canadians who suffer from depression and are eligible for disability benefits:


    • Disability benefits under the CPP
    • Disability insurance for a short period
    • Disability tax credit  
    • Insurance coverage for long-term disability
    • Provincial disability benefits  
    • Sickness benefits under Employment Insurance (EI)
    • Veterans Affairs Canada  
    • Workplace Safety & Insurance Board (WSIB)
  • If I suffer from depression as an employee, what rights do I have?

    Among the people who suffer from depression, the fear of losing their jobs is one of the most common fears they have. Employers must give proper notice and not terminate for discriminatory reasons. 


    The likelihood of an employee being fired by his or her employer is lower when they have sick leave. Under Canadian human rights law, employers are required to provide assistance to employees whose medical conditions interfere with their work. Sick leave is one of the reasonable accommodations employers should offer.


    In order to be eligible to take sick leave from your job, you must obtain a doctor's note stating your illness. There should be a confirmation on the letter that if you are unable to work and need a leave of absence, you need one. It is likely that you will have to bring these notes often - every three to six months - if you remain unable to work.


    As long as you appeal the denial of your application for sick leave, you will still be able to stay on sick leave. In most cases, employers will not have a problem accepting a note from a physician.


    Should your employer attempt to terminate you during your sick leave, you may be entitled to severance if he or she does so illegally. You may even be able to overturn your termination if the cause of the termination was your medical condition. 


    There is no doubt that this is a complex situation and that it requires careful handling in order to resolve it. 


  • What is the best way to prove depression disability?

    Doctors cannot confirm the severity of your symptoms since depression is mostly invisible. If you apply for benefits, you will have a difficult time receiving them.


    There is no one else who can tell you whether your condition is serious or not, except for yourself. The providers of disability benefits may view your disability benefits claim with skepticism if you make a claim. 


    Depending on how you express yourself, there is a possibility that you may exaggerate or lie to give people the impression that you have a greater disability than you truly have.


    It has been found that most people who suffer from depression can manage their symptoms and carry on working at the same time. To prove that your case is different from others, you should focus on the fact that your case is unique. 


WE'LL TAKE CARE OF IT


Your Claim May be Compensated

As a long-term depression sufferer, your personal and professional lives will be affected as a result. In addition to adversely hindering your social and occupational performance, mental, physical, and cognitive health, and overall well-being, mental illnesses can have a significant impact on your health. Depressive disorders cause disruptions, loss of work days, inability to work, and significant financial burdens. As well as difficulties dealing with work-related demands and social situations, depression-related physical conditions can increase.


If depression has already negatively impacted your ability to work or significantly changed your life following an accident, you may be able to recover financial compensation by filing a mental health claim, depending on whether an accident has adversely changed your ability to work or significantly impacted your life. Your eligibility for disability benefits depends on how severe your depression is. Your quality of life is also determined by how it affects you.


To establish your depression disability claim, you will need your medical records and any other evidence to support your claim. If you make mistakes during the process, you may spend a lot of time and money in the end. Getting the support you need will be harder or impossible if this is the case. Sadly, many people believe that they cannot obtain compensation for their injuries if they are harmed. The majority of people give up when they are rejected at the beginning of their journey. It is not uncommon for them to refuse to move forward after receiving rejection after their first attempt at moving forward.


As a result, you may spend a lot of money and time taking this step. If you consult a paralegal in this instance, there is an excellent chance to avoid this type of situation. This is if you ensure that your rights and interests are protected. If you want to understand what disability options are available to you, the first thing you need to do is consult with our team is familiar with the disability options available to you, such as accident torts, disability claims, or any other action you may be entitled to under the law so that you can understand what disability options entail. 


You must work with us to gather the evidence you need to prove your claim so that you can prepare a compelling argument. The easiest way to receive the compensation you deserve and require is to settle your injury claim. If you are unfamiliar with this field or have never been in this situation before, it may be difficult to grasp. Even so, our team can help protect your legal interests in a dispute. With Cordaie Paralegal Services' support and guidance, you will be able to feel more confident about your claim as you move forward.

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