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higher rates of disability a major issue for indigenous peoples living off reserve

while indigenous people are disproportionately affected by mental health challenges, getting proper treatment and access to disability benefits is a constant challenge

unfortunately, there remains a stigma associated with mental illness and with seeking help. there are also cultural factors and a mistrust of mainstream health services that lead to reluctance to seeking help. getty images
as our national day for truth and reconciliation approaches on sept. 30, it is important for all canadians to be reminded of the intergenerational trauma many indigenous peoples have experienced.
the indian residential school system ls just one example that led to intergenerational trauma and researchers are still learning how trauma is passed from one generation to the next. the truth and reconciliation commission report highlighted that substance use in indigenous communities can be a result of trying to cope with traumatic experiences, which can lead to health and social problems that can span across generations.
according to statistics canada, from 2017 to 2020, significantly higher proportions of first nations people living off reserve (20.3%), métis (17.9%) and inuit (56.5%) reported being without regular healthcare providers, compared with their non-indigenous counterparts (14.5%).
in related statistics, according to data from the 2019 to 2022 canadian community health survey, less than half (45.8%) of first nations adults living off reserve reported having very good or excellent mental health. by comparison, (61.5%) of non-indigenous adults reported having very good or excellent mental health.
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so while indigenous people are disproportionately affected by mental health challenges, getting proper treatment and access to disability benefits is a constant challenge.
indigenous peoples are vulnerable to experiencing symptoms of mental health issues. the lawyers at kotak law have seen first-hand how indigenous people have a difficult time accessing medical treatment, and tend to be more reluctant to see a doctor and therefore have a difficult time engaging in the medical process.
unfortunately, there remains a stigma associated with mental illness and with seeking help. there are also cultural factors and a mistrust of mainstream health services that lead to reluctance to seeking help.
yet getting proper treatment is the most important step when dealing with a medical condition that is affecting your ability to perform work duties. without it, when applying for disability benefits, it becomes your word versus the insurance company—not a good situation for a person making a disability claim to be in.
if you are an indigenous person living on or off reserve, here are important tips to successfully claim disability support.
  • find a healthcare provider who understands intergenerational trauma and your culture;
  • understand that medical evidence of your reported symptoms, diagnosis and treatment is the most important facet of your claim;
  • be aware that most long-term disability policies contain contractual provisions requiring covered workers to abide by the recommendations of their treating practitioners (such as a family physician, counsellor, occupational therapist, etc);
  • and, know that, based on treatment providers’ assessments, experts may be willing to provide opinions about the nature of your disability and your prognosis
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there are many factors at play affecting indigenous peoples and how they deal with their health, especially their mental health.
our indigenous peoples would benefit greatly if the canadian government took steps to address the disparity in the treatment of mental health conditions.
nainesh kotak is the founder of kotak personal injury law, a firm focusing on protecting their client’s rights to justice and obtaining the compensation their clients deserve. he was past chair of the long-term disability section of the ontario trial lawyers’ association.

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