Arthritis Disability Claims

Do you have a disability claim with regards to arthritis? Our disability lawyers and personal injury lawyers can help with your claim. Contact us today.

Arthritis afflicts the young and old; in Canada, there are over 8 million people affected by arthritis daily. According to The Public Health Agency of Canada, Arthritis is a chronic disease that is often incurable. An estimated 65% of those living with arthritis are women and close to 3/5 of those affected are younger than the age of sixty-five. Arthritis is a disability that negatively affects your daily life and causes physical pain along with activity limitation. Many arthritis insurance claims are valid medical claims for short-term and long-term disability. Arthritis can affect an individuals daily activities such as getting out of bed, walking , or opening containers as simple as toothpaste. This disease greatly affects one’s leisure capabilities, let alone their labour force participation, which means ability to financially support themselves through a means of work.

Debunking Arthritis Myths

  • Arthritis is NOT an old person’s disease: As mentioned above, 3 out of 5 individuals struggling with arthritis are younger than 65 years of age. That is more than half of the population struggling with a arthritis diagnoses (including children).

  • Arthritis IS a major and serious medical condition: This disease cannot be reduced down to being just aches and pains one has to naturally live with. Joint damage can progress and receiving proper treatment along with an accurate diagnosis is crucial to one’s prognosis and symptom management. Some people afflicted with arthritis are completely immobile and rely heavily on medical devices and specialist care.

  • You DON’T just have to live with it; It is NOT a diagnosis that is hopeless: There are plenty of things one can do to manage and help alleviate the long-term effects of arthritis. Having the proper medical support, along with social and financial foundations when handling arthritis, is very important to the longevity of an individual. Commitment to having a physically active life, proper weight management, rehabilitative interventions, self-management education and support, along with access to medication and intervention (which at times includes surgery), are all very important to “doing something for arthritis”.

  • Arthritis patients should NOT just rest all the time: Having too little exercise and proper physical activity can actually cause further muscle weakness, pain and stiffness around joints. It is important that when someone is dealing with an arthritis diagnosis, they follow physician recommendations for fitness. Being followed by a physiotherapist and occupational therapist can help someone manage their arthritis in a safe and healthy way.

Types of Arthritis

Many people would be surprised to learn that there are over 70 different types of arthritis one can suffer from. Unfortunately, many illnesses and diseases cause arthritis on top of their own set of symptoms and needs for medical management. Considering all the different types, the symptoms for arthritis, in most cases, are all the same:

  • chronic pain
  • excessive fatigue
  • breathing disabilities
  • immobility

Arthritis-related pain can occur in any joint found in the body. Arthritis affects the cartilage in your joints, which slowly breaks down, allowing your bones to rub and grind against each other. The most common places for this to occur is:

  • finger knuckles
  • toes
  • knees
  • ankles
  • shoulders
  • elbows
  • hips
  • spine

When someone is plagued with chronic pain, there is often a surprise as to how much one’s daily life is impacted. As you can note from the list above, these are all areas of your body that one relies on for mobility and daily use for even life’s most simple tasks. As the disease progresses, one’s overall mobility can be reduced to zero.

For the sake of this article, we will cover the two most common types of arthritis that Canadians suffer from, and that are commonly in need for a long-term disability claim.

Osteoarthritis (OA)

The most common form of arthritis, OA occurs when the cartilage at the ends of your bone begin to gradually wear down. This disorder most commonly affects joints found in your hands, knees, hips and spine, and the damage that is done is non-reversible. Once the cartilage wears down completely, bones begin rubbing on each other, increasing pain and immobility.

  • OA can be a result of certain occupational tasks. If your job duties require you to do repetitive physical tasks that put stress on particular joints in your body, you are more prone to developing osteoarthritis. If you believe that your OA is a result of an occupational hazard, improper training on how to lift and manage the physical stress of your job, speak with a disability claims attorney as soon as possible.

Common Symptoms of Osteoarthritis

  • Chronic Pain
  • Tenderness and sensitivity to pressure
  • Joint stiffness
  • Loss of flexibility
  • Grating sensation (in the joints afflicted with OA)
  • Bone spurs
  • Immobility over time

Rheumatoid Arthritis (RA)

RA is a chronic inflammatory disorder that is also an autoimmune disorder. It affects your joints, as well as your skin, eyes, lungs, heart, blood vessels and other bodily systems. RA affects specifically the lining of your joints, causing painful swelling that leads to bone erosion and joint deformity. Having chronic inflammation can pose harm to other parts of your body as well, therefore properly managing RA with the aid of doctors and specialists is very important.

  • RA can be a result of certain environmental exposures which one can encounter at their workplace. If you have been exposed to asbestos or silica while carrying out your work duties, and have been diagnosed with Rheumatoid Arthritis, contact a disability lawyer immediately. You may be entitled to sums of money due to third party liability and the chronic suffering you have to deal with as a result of a workplace hazard.

Common Symptoms of Rheumatoid Arthritis

  • Chronic Pain
  • Swollen joints
  • Joints that feel tender and warm (due to inflammation)
  • Joint stiffness
  • Worsening of symptoms in the morning, after sleeping or any other period of inactivity
  • Chronic fatigue
  • Fever
  • Weight loss

Arthritis Disability

As mentioned before, arthritis can lead to disability, with sufferers often needing long-term medical and financial support. Given that arthritis is usually a result of another underlying medical condition, there are often other mounting physical and mental symptoms that one has to manage on top of their arthritis. Having sudden and/or gradual limitations to one’s movements, activities, senses, and labour participation is grounds for filing an insurance claim for an arthritis disability.

If your work is physically demanding, managing your arthritis and work duties can be extremely difficult. Even just having to sit in a chair at a desk for more than two hours can be cumbersome to some. Ultimately, work can be painful, regardless of your duties. Managing specific work or social limitations due to arthritis requires commitment and support from both your employer and insurance company.

If you are offered group benefits through your employer, filing a disability claim is often your best choice for managing an arthritis diagnosis. Seeking early treatment and insight on your condition can help you plan for the long-term commitments you need to make towards managing your arthritis. Having a workplace that supports you socially and accommodates your disability is very important in avoiding worsening symptoms and stress. If your arthritis progresses and your mobility reduces, having the security of an insurance / financial safety net is pivotal to living the best life you can.

Contacting a Toronto Disability Lawyer

If your arthritis insurance claim for short-term disability or long-term disability has been denied, or if you are having a hard time navigating an insurance claim for your arthritis, speak with a disability claims attorney. We highly urge you not to take part in an insurance company’s appeal process for a denied claim, prior to speaking with a lawyer who is well versed in disability insurance law and denied insurance claims.

Unfortunately, an insurance company may fight to not pay out what is owed to those filing arthritis claims; it is in their interest to save as much money as possible. This is not right, nor just. TSF Law is well versed in insurance law and how to handle denied claims that have been poorly handled. We understand the sensitivity and types of support one needs during the time of a health crisis; our services are superior to those in our field and we promise to always assume full communication with your insurance company, as well as offer you the social and financial support you need now. Contact us today for a free consultation; TSF Law is always there for you.