Janiece Campbell’s original article, “Why mental health still doesn’t count: The hidden bias in disability claims in Canada” was published in Now News on July 10, 2025. Read the Full Now News story.

Despite a rise in awareness and advocacy for mental health, Canadians living with psychological illnesses continue to face exhausting uphill battles when applying for disability benefits. But one Toronto law firm is on a mission to uncover the hidden biases within the system.

Insurance companies have long insisted that mental health conditions are hard to measure, but the issue runs deeper than just documentation. The troubling pattern reflects a persistent bias in how these companies assess and value invisible disabilities compared to physical ones.

With more than 35 years of extensive work in disability law, Toronto-based firm Share Lawyers says that low acceptance rates for mental health disability claims are typically caused by having to provide proof of symptoms that truly prevent someone from working.

“Insurance companies consistently require objective evidence, yet diagnostic tests are typically not available for mental health conditions,” David Share, President and Managing Director of Share Lawyers told Now Toronto.

THE BATTLE BETWEEN MENTAL ILLNESS VERSUS PHYSICAL ILLNESS

The issue isn’t proving that mental illnesses are real, as clinicians, researchers, and advocacy groups agree that these conditions can be every bit as debilitating as a physical condition. The problem is that insurers often don’t treat it that way. People with visible, testable ailments, such as a broken bone or cancer, tend to have their claims accepted more willingly than those with disabilities that can’t be captured in a lab test or scan.

“Insufficient medical evidence” is the phrase that shows up most often in rejection letters, according to Share Lawyers. But the firm explains that the standard is unfairly applied when it comes to mental health, where the blame is often shifted onto the claimant rather than considering the medical realities.

“Another common reaction is the insurance company claiming that the issues stem from work-related problems, such as poor performance reviews or conflicts with a manager or colleagues,” David Share explained.

JUMPING THROUGH HOOPS FOR HELP

Beyond the insurer’s doubt, the Canadian health-care system presents its own challenges. While there is universal health coverage, timely access to mental health professionals, especially psychiatrists, remains severely limited. Unfortunately, this delay can be used by insurers against claimants.

“Mental health conditions can be challenging to diagnose and substantiate,” David Share said. “Additionally, there is often a lengthy wait to obtain a referral to a psychiatrist, and insurers often require claimants to be under appropriate care and treatment, which can be expensive and is not always easily accessible through our health-care system.”

Share Lawyers points to a scenario that highlights the disturbing systemic biases: a long-time employee faces a restructuring at work, resulting in layoffs and increased pressure on remaining staff. As stress builds and symptoms of anxiety and depression show up, the employee’s family doctor advises their patient to take a medical leave and to submit a disability claim. But the insurance company denies it, citing insufficient medical evidence despite the doctor’s recommendation.

Overall, this puts the claimant in an impossible position: they’re told they must be receiving treatment to qualify for benefits, but the system makes it complicated to access that treatment in the first place.

STIGMA IS AT PLAY BEHIND DISABILITY CLAIM DENIALS

What causes the insurer’s skepticism? Money is part of the answer, according to Share Lawyers, but so is stigma.

“Insurance company decision-makers are often focused on cost-saving and finding grounds to deny claims,” David Share explains. “Societal stigma surrounding mental health continues to influence attitudes, creating biases that insurers can, and do, use—both directly and indirectly—as justification for denying claims.”

Even as mental health awareness grows in workplaces and communities, deeply ingrained biases still influence how claims are examined. The result is a system that continues to undervalue psychological suffering and leaves too many people without the support they need.

WHAT TO DO IF YOUR CLAIM IS DENIED

If you’ve had a disability claim denied due to a mental health condition, Share Lawyers emphasizes one crucial step: don’t give up.

“Ensure you are receiving the care you need, even though accessing it can be challenging due to limitations in our health-care system,” Share advised. “Being under appropriate treatment and having the support of your health-care providers is essential. If your claim continues to be denied, consult an experienced disability insurance lawyer to learn about your rights.”

For more information or to speak with a disability lawyer, visit www.sharelawyers.com. You can click here to sign up for the Share Lawyers newsletter, full of important information about disability rights in Canada.