Did you know that your employer can fire you if mental health issues prevent you from performing your job? While this may seem harsh, it is true. Many individuals suffer from conditions like depression, anxiety, and PTSD, which can become debilitating and can sometimes result in job loss. If you find yourself in this situation, it is important to know that there are legal options available to help you.
In this blog, we’ll explore the five steps you can take if mental health issues have impacted your ability to work and how to navigate disability benefits after a job loss.
5 Steps to Understanding Your Rights After Job Loss Due to Mental Health Issues
Millions of people live with mental health issues that don’t affect their ability to work. However, for some, conditions like depression, anxiety, or PTSD can prevent them from performing their job duties, even with accommodations. This situation can be devastating, but it’s crucial to understand your legal rights and options if you’re facing job loss or resignation due to mental health conditions.
First, it’s essential to know that while your employer cannot fire you solely because of a medical condition, they can terminate your employment once your Family and Medical Leave Act (FMLA) leave runs out. After 12 weeks of leave, if you are still unable to work, the employer has the right to end your employment. That said, employers must provide reasonable accommodations where possible, and if they fail to do so, you may have a legal claim for disability discrimination.
Step 1: Know Your Entitlement to Long-Term Disability Benefits
If your mental health condition is preventing you from working, one of your primary options is to explore long-term disability benefits. Many people have short-term or long-term disability insurance through their employer. If you are unsure whether you have disability coverage, contact your Human Resources department for a summary of all employee benefits, including any disability coverage.
Disability insurance policies usually cover mental health-related disabilities, including depression, anxiety, fatigue, and PTSD, which psychiatrists commonly diagnose. If your condition prevents you from performing your job, you may be entitled to long-term disability benefits under your employer’s plan.
Step 2: Request Your Disability Policy and Review the Limitations
Once you have confirmed disability coverage, request a copy of your policy from your employer. Be sure to make this request in writing, as employers typically must respond within 30 days. When reviewing your policy, pay special attention to the limitations section, as many policies only cover mental health disabilities for a limited time—often for only two years.
Step 3: Gather Documentation to Support Your Claim
If you plan to file a disability claim, it is important to consult with your doctor. Ensure that your doctor supports your leave and will complete the necessary paperwork for your claim. Without physician support, many claims are denied.
You will need to request claim forms from your employer and fill them out thoroughly and truthfully. If necessary, you can attach additional information in a supplement to provide further context for your condition and how it affects your ability to work.
Step 4: Filing a Disability Claim After Job Loss
If you have already lost your job due to your disability, it is still possible to file a claim for long-term disability benefits. The key is to properly demonstrate that your mental health condition was the reason for your termination or forced resignation. This is a crucial element in getting your claim approved.
For example, we recently helped a client who was terminated due to performance issues. She had been managing her bipolar disorder for many years, but when her condition worsened, she was let go. Initially, her claim was denied because she mistakenly stated that her disability began after her termination rather than before she was terminated. After contacting us, we helped her submit an appeal, and we confirmed that she was indeed entitled to benefits.
Step 5: Get Professional Help if Your Claim is Denied
If your long-term disability claim is denied, do not give up. Seek the help of an experienced long-term disability lawyer who can guide you through the appeals process. At Kantor & Kantor, LLP, we offer free consultations and work on a contingency basis, meaning you only pay if we win your case. Our team can help you gather the necessary evidence, file your appeal, and navigate the legal maze of long-term disability claims.
Losing your job due to mental health issues is challenging, but understanding your rights and options is key to moving forward. Disability benefits can provide much-needed financial relief while you focus on managing your health. If you are facing job loss due to a mental health condition or if you need help with a long-term disability claim, contact us today for a free consultation at 818-886-2525. Our experienced attorneys are here to help you through this difficult time.
Watch this insightful video by Andrew Kantor, Partner at Kantor & Kantor, LLP, one of our many experienced attorneys who specializes in defending clients fired due to mental health disabilities. Learn your rights and the steps to take to protect them.
Click to watch and empower yourself today!
