If you are suffering from a dependence on an addictive substance, especially that of alcohol or drugs, seeking help is pivotal to your survival. Substance abuse and addiction can lead to death, and often addiction is accompanied with mental illness that can lead to distress and the impairment of day to day functioning. While symptoms can vary from mild to severe, if you are suffering from substance abuse, appropriate time for treatment and support is your only chance to recover and live a healthy life. This chance should never be denied.
Suffering from substance abuse is a legitimate disability that is recognized in the court of law. No one is legally allowed to discriminate in employment on grounds of a disability, nor discriminate between perceived or “invisible illnesses” (those without obvious physical symptoms). Severe substance abuse is classified as a dependence, which is recognized as a form of disability. Alcoholism, abuse of legal drugs (over the counter medications), or illicit drugs are all examples of substance abuse. Under the Ontario Human Rights Commission, all of these types of abuses and dependencies constitute as a disability.
The Facts
According to The Centre for Addiction and Mental Health:
- 1 in 5 Canadians experience a mental illness or addiction problem
- In Ontario, mental illness and addition rates are 1.5x higher than cancer rates, and 7x higher than those of infectious disease
- Men have statistically been recorder to having higher rates of addiction than woman
- People with a mental illness are 2x as likely to suffer from a substance use problems
- At least 20% of people suffering from a mental illness also suffer from a substance abuse problem
- Substance abuse can cut 10-20 years from a person’s life expectancy
Mental illness, including substance abuse, is the leading cause of disability in Canada. Those suffering from addiction and mental illness are more likely to die prematurely than others in the population.
Disability Insurance & Substance Abuse
Before applying for substance abuse disability through your employee benefits, it is important that you reed the specific provisions of your insurance policy. There are some insurance policies that specifically state that they would not provide insurance coverage from those abusing alcohol or drugs. Some insurance policies specify that the claimant must be compliant with medical treatment (often including rehabilitation and/or participating in a drug or alcohol treatment program) if they are seeking disability benefits. If you do not qualify for disability due to the stated scenarios above, you still have an opportunity to apply to the Ontario Disability Support Program while seeking council and treatment to manage you substance abuse issue.
##Denied Disability Insurance
There are many people who have addictions, including alcohol, drugs and even gambling, and have been denied disability leave and benefits through either their employer’s group disability insurance policy or a private policy that have paid into on their own accord. Those facing a denied short-term disability or long-term disability claim often have:
- Not provided the needed medical documentation and evidence to prove their disability
- Have not provided the proper paperwork (including completion of specific forms) which are needed in the claim application program
- Have missed deadlines which are part of the claim procedure
If you have followed the proper guidelines for submitting a disability claim for substance abuse, most often filing under a mental illness claim, and have been denied mental illness disability benefits, we highly suggest you speak with a long-term disability lawyer. There is a certain type of patience and sensitivity when handling these types of mental illness claims, a long-term disability attorney will have the proper knowledge on how to best manage your case.
TSF Law understands that disabling effects addiction and substance abuse can have on ones life, and the ongoing stigma one may face when speaking with their employer and trying to seek help. As an esteemed long-term disability firm, it is important to us that you feel comfortable, secure, and on a path of recovery when seeking benefits from a denied disability claim. By contacting us for a free consultation, you are one step closer to recovery, and we will help you all along the way.
