In my years as a long-term disability (LTD) lawyer, I’ve represented countless individuals across Ontario who are grappling not just with disabling health conditions, but with a complex and often adversarial insurance process. A recent article in Canadian HR Reporter, titled “Duration is the silent killer: Report highlights chronic conditions, complex disability claims,” underscored what we at Mulqueen Disability Law see every day: that the longer a disability claim drags on, the harder it becomes to recover benefits—and to return to any sense of normalcy.

This “silent killer” is not just a financial issue; it’s emotional, psychological, and deeply personal. Duration, particularly for those with chronic or invisible illnesses, can spell the difference between support and suffering, between recovery and permanent disability.

The Complex Reality of Chronic Conditions

Disability claims related to chronic conditions—such as fibromyalgia, chronic fatigue syndrome, long COVID, mental health disorders, and autoimmune diseases—are often the most difficult to get approved and keep approved.

These are not conditions that always show up clearly on an MRI or lab test. As a result, insurers may cast doubt on the severity of symptoms or even deny that a disability exists at all. Clients are asked repeatedly to prove their illness, justify their treatments, and explain why they cannot work—even when their own doctors and treatment teams support their claim.

At Mulqueen Disability Law, we know that chronic conditions don’t follow a linear path. There are flares, relapses, setbacks, and plateaus. Unfortunately, insurance companies often expect a quick, tidy resolution: either the claimant recovers and returns to work or is cut off for “lack of objective evidence.”

This expectation is not only unrealistic—it’s harmful.

Insurance Duration Limits and the 24-Month “Any Occupation” Test

Many LTD policies in Canada, including in Ontario, follow a two-year timeline. For the first 24 months, claimants must prove they are unable to perform their “own occupation.” After that, they must prove they are disabled from any occupation they are reasonably suited for by education, training, or experience.

This change in definition often results in benefits being terminated, even when a claimant’s health has not improved. We frequently assist clients who were suddenly cut off at the 24-month mark, despite having no capacity to return to work in any capacity.

This abrupt shift is one reason why duration matters so much: the longer a person remains disabled without proper legal support, the more vulnerable they become to unfair denials and terminations of benefits.

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Why Long Duration Claims Are Vulnerable

According to the Canadian HR Reporter article, insurance carriers see long-duration claims as red flags—not because they’re illegitimate, but because they are expensive and statistically less likely to resolve favourably for the insurer. When a claim enters year two or three, it’s more likely the person may never return to work. This economic reality drives many insurers to seek closure by any means possible—often at the expense of the claimant.

As a result, those suffering from long-term, complex illnesses are subjected to:

• Surveillance and social media monitoring
  
• Frequent requests for updated medical forms
  
• Independent medical examinations (IMEs)
  
• Pressure to return to work too soon
  
• Denials based on “insufficient medical evidence”
  

These tactics can feel deeply intrusive and even abusive, especially for those already stretched thin by their illness.

We see this pattern again and again in our Ontario disability law practice. And the longer the claim drags on, the more wear and tear the system inflicts—not just on your finances, but on your dignity.

The Invisible Toll: Mental Health and Duration

Mental health conditions such as depression, anxiety, PTSD, and bipolar disorder are among the most common and least supported disability claims. According to industry research and our own client experience, mental illness claims are more likely to be denied, scrutinized, and terminated—particularly if the insurer believes the person “should” have recovered by now.

One of the most harmful myths in the disability insurance industry is the idea that mental health conditions are temporary or easily treatable. In reality, many are chronic, disabling, and complex. And they often co-exist with physical conditions like chronic pain or neurological disorders, making recovery more difficult.

Duration, in these cases, is used as a weapon—where the mere fact that a person is still struggling is twisted into a reason to cut off benefits.

Legal Support Can Shorten the Road to Recovery

One of the most common things clients say when they come to our firm is: “I thought I could handle this on my own.” Many people delay speaking to a lawyer because they believe the insurance company will act fairly if they just provide enough medical evidence.

Unfortunately, that is rarely the case.

At Mulqueen Disability Law, we only do disability law. We know the tactics insurers use and the documentation they demand. More importantly, we know how to advocate effectively and professionally, without putting undue pressure on your doctors or care team.

Here’s how we help people with long-duration or chronic condition disability claims:

• We gather persuasive medical and functional evidence tailored to your condition and the terms of your policy.
  
• We push back against unfair denials and terminations—including those based on duration alone.
  
• We advocate directly with insurers and, if necessary, escalate your case to court or tribunal.
  
• We protect your privacy and your rights, ensuring your personal information is not misused or misinterpreted.
  

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Why Delaying Legal Help Is Risky

Every week, we hear from people who waited too long to get advice. Sometimes they’ve missed critical appeal deadlines. Other times, they’ve attended insurer-ordered assessments without understanding their rights.

When your claim becomes long in duration, the risk of denial or cut-off increases. Don’t wait until the damage is done.

The earlier you get legal guidance, the better your chances of protecting your benefits, your finances, and your future.

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What Employers and Clinicians Need to Know

This issue isn’t just about the insurance company and the claimant. Employers, HR professionals, and treating clinicians also have a vital role to play.

For Employers:

• Understand that chronic illnesses may involve unpredictable recovery paths.
  
• Don’t pressure employees to return before they are ready just because the insurer has drawn a line in the sand.
  
• Keep communication open and respectful, and allow reasonable accommodation discussions.
  

For Healthcare Providers:

• Be mindful that the way reports are worded can significantly impact a claim.
  
• Focus on functional limitations, not just diagnoses.
  
• Don’t be afraid to clarify if your patient is unable to work in any capacity.
  

We often work with psychologists, physiatrists, family doctors, and occupational therapists to ensure their clinical opinions are presented in a way that insurers will take seriously.

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You Are Not Alone

If you’re reading this because your long-term disability benefits have been denied, delayed, or cut off—know this: you are not alone. This is happening to thousands of Canadians, often quietly and behind the scenes.

You don’t have to navigate it on your own.

At Mulqueen Disability Law, we are committed to standing beside individuals and families who are facing some of the most challenging times in their lives. We combine legal precision with compassion, clarity, and a fierce dedication to fairness.

Whether your claim is just beginning, approaching the 24-month mark, or already mired in a dispute, we can help.

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Contact us for a Free Consultation

Mulqueen Disability Law specializes in hard-to-prove long-term disability claims for “Invisible Conditions” such as mental illness (depression, anxiety, PTSD) and chronic conditions (pain, neurological, immunological, concussion, post-COVID)  Contact us for a free confidential consultation.

Mulqueen Disability Law is a boutique law firm, focused on litigating long-term disability insurance benefit claims. Courtney Mulqueen and her team of legal professionals are Trauma-Informed Certified and have over two decades of experience exclusively in the area of long-term disability law. She and her team draw on their “insider” experience working for the insurance companies (including, Canada Life, Sun Life, Manulife, and OTIP), that they now sue for their clients.  

The preceding is not intended to be legal advice. This blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog, you understand that there is no solicitor client relationship between you and the blog publisher. The blog should not be used as a substitute for competent legal advice from a licensed lawyer in your jurisdiction. If your disability claim has been denied and you require legal advice, please contact a lawyer specializing in disability law.