I Can’t Hold a Job Due To Mental Illness. What Do I Do?

Ryan Findlay | January 31, 2025 | Long-Term Disability

A common question our Hamilton long-term disability lawyers receive is, “What can I do if I can’t do my job anymore due to disability?” Many people would assume the question refers to a physical disability. However, some individuals with mental illnesses have trouble keeping jobs, too. 

Missing work due to depression, anxiety, or other mental illness can cause severe financial hardships for a worker and their family. Job hopping and mental illness often go hand in hand, as workers may struggle to maintain employment due to their condition. Hence, their job history makes it more difficult to find employment.

If you have been diagnosed with a mental illness that prevents you from holding a job, you could qualify for long-term disability benefits. Let’s take a closer look at how mental illness impacts employment and the disability benefits you could receive if the mental illness prevents you from working.

How Does Mental Illness Impact Job Performance?

A mental illness can interfere with work in several ways. Depending on the type of mental illness, a person may struggle to:

• Concentrate and focus on job duties
• Socially interact with co-workers and customers appropriately
• Come to work during bouts of anxiety or depression
• Remember job tasks and details
• Maintain an appropriate mood because of a mood disorder
• Avoid auditory and/or visual hallucinations
• Make correct work decisions 
• Think and move slower, which makes even simple tasks difficult
• Maintain a constant level of satisfactory work performance
• Avoid acting impulsively and taking risks

Mental illness symptoms may appear without warning. A person may seem “fine” one minute and become acutely depressed the next minute. They may have severe mood swings, resulting in angry outbursts and physical altercations. The medication for mental illnesses may have side effects that create additional problems in the workplace.

What Are Common Mental Health Disorders That Could Prevent Someone from Holding a Job?

Numerous mental health disorders and psychological conditions could prevent someone from working. The severity of the disorder or condition plays a significant role in determining whether the person can hold down a job.

Common mental illnesses that could result in long-term disability benefits include, but are not limited to:

• Anxiety disorders
• Bipolar disorder
• Major depression
• Borderline personality disorder (BPD)
• Schizophrenia
• Post-traumatic stress disorder (PTSD)
• Psychotic disorders that cause hallucinations, delusions, disorganized behavior, difficulty with speech, etc.
• Obsessive-compulsive disorder (OCD)
• Social anxiety disorder

It can be uncomfortable to discuss a mental illness, which makes disclosing the mental illness to an employer a difficult decision. Disclosing a mental illness could have an impact on your career and work relationships.

However, Ontario’s Employment Standards Act, 2000 (ESA) allows employees to take unpaid sick leave, which can include mental health-related issues. Employees are entitled to up to three unpaid sick days each year for illness, including stress or mental health concerns. Furthermore, employers must make reasonable accommodations for employees with disabilities under the Ontario Human Rights Code.

Disclosing mental illness at work has advantages but may not always be the wisest decision. Talk with an attorney if you are struggling with whether to disclose your mental illness to your employer.

What Happens if My Mental Illness Prevents Me from Working in Hamilton, ON?

If you are struggling to hold a job because of mental illness, you can apply for short-term disability or Employment Insurance (EI) benefits. You must wait between 30 and 365 days before applying for long-term disability benefits. The waiting period ensures that your mental illness is long-term and severe enough to prevent you from holding a job for any length of time.

After two years of being on long-term disability for mental illness, there may be a change in definition for your disability benefits. Initially, you receive long-term disability benefits because your mental illness prevents you from performing the job duties required for your job. This period is referred to as disability coverage under the “own occupation” provision.

However, after two years, the insurance company may review your mental illness under the definition of “any occupation.” In other words, does your mental illness prevent you from working at any job, or could you perform a job based on your experience, training, and education? If the insurance company determines you could transition to another job, it could stop your long-term disability benefits.

Contact Our Long-Term Disability Law Firm in Ontario, Canada.

If you need legal help with a personal injury case, contact the team at Findlay Personal Injury Lawyers to schedule a free initial consultation today.

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