Can You File a Disability Claim for Stress or Anxiety?

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stress, anxietyIf you’ve ever had a job you hate, supervisors or coworkers that love making your life hell, or if you’ve ever spent Saturday AND Sunday thinking about how bad you didn’t want to go back to work on Monday because of stress and anxiety, then you’ll want to read this entire article.

Before I go on I just want to tell you why I’m even writing about this. I had a reader contact me recently about this issue and she had some concerns about losing work due to severe anxiety.

Over her short working career she’s lost as many as 15 jobs, has been denied disability benefits multiple times and feels like there isn’t anyone advocating for the little guy.

Then it dawned on me that if she has this problem, then it has to be that there are others with the same problem.

I mean, it’s not like I’ve never sat in my cubicle Monday morning watching Microsoft windows load and had a quick day dream about walking out of the office never to be seen again, at least not by those guys anyway.

So, I’m going to tell you what your options are for filing disability because of stress and or anxiety, what to expect, pros and cons, and some other morsels of information.

To kick this off I think we should start by talking a little bit about what qualifies you for disability. And although there are many different kinds of disability coverage, I will cover only a few in this article, since the basics are the same across the board.

Now, since I live in California, I’ll be using my home state as a template, so let me quote part of the California Unemployment Insurance Code that defines what a disability is.

Section 2626 of the California UI code says, in a nutshell, that “Disability is defined as ANY mental or physical illness or injury which prevents you from performing your regular or customary work.”

Moreover, the US National Institute for Occupational Health and Safety defines job stress as, “the harmful physical and emotional responses that occur when the requirements of the job do not match the capabilities, resources, or needs of the worker.”

So under these two definitions stress and anxiety are acknowledged as work related issues, and as such they count as “illnesses” that could qualify someone for disability benefits.

How much they count as a basis for not working is a more complex issue. You have to take into account what state you live in, your work history, medical history, and so on.

In other words, just because you think your job is making your anxiety worse, don’t think for a second that you’ll be watching Jerry Springer anytime soon.

The reality is that in most cases it is hard to get disability benefits because of stress or anxiety. The powers that be have no problem with you breaking some bones and calling out for awhile, but when you try to pull the whole, “I’m too anxious to work thing,” you’ll find more closed doors than welcome mats for sure.

Actually, let me explore this idea with you for a second. I think the reason it’s so hard to get disability for stress, anxiety, depression or any other psych disorder, boils down to two things, and those are the potential for abuse and the puritan work ethic that underpins our entire culture.

With respect to the former, I think that stress and anxiety are conveniently seen as just part of life, so in most cases they want you to just “get over it.” And “they” want it this way not always on moral grounds, but also for practical reasons.

Let’s be honest, a lot of people cheat the system.

The more unscrupulous among us go to a doctor, open up the tear faucet, and get put on disability, many times at taxpayer expense. So, to some degree, they drop the hammer on people looking to get off work due to stress and anxiety because of the semi-subjective nature of emotions like anxiety, the degree to which it can truly immobilize you, and the difficulty of gauging all that.

The bottom-line is that it’s just kinda of hard to tell if someone is faking it, so the hurdles put up to stop you can get tall and numerous. Although I concede that there are people that fake back injuries too, but I digress.

The other thing is that our whole system in America is based on the Puritan work ethic. This ethic is the one that values hard work to an almost lunatic degree. It’s the belief that work is more than work, it is in fact, your moral duty.

This is why America is obsessed with work to the point that when strangers meet they’ll almost always ask, so what do you do? As in, what is your contribution? Dare I say, what is your worth?

This is also why we work, work, and work in America. It’s in the blood. With a culture obsessed with work, imagine for a second what happens when you stop working, or in this case try to stop working?

The music stops and you’re left without a chair for sure.

Ultimately, it’s hard to get disability because of the potential for cheaters to cheat and because it’s generally frowned upon in our culture to not work. The mission isn’t impossible though, so let’s take a look at your options.

Qualifying for benefits

In order to qualify for any type of disability benefits you’ll have to do more than have difficulty doing your job because of stress or anxiety. Here are a few of the basics.

  • You must be unable to do your regular work for a certain amount of consecutive days. In California it is 8 straight days.
  • You must provide written proof by a medical doctor (which includes psychiatrists), or other health care professional like a psychologist, for example, that you are not fit to work.
  • Allow access to your medical records.
  • Must be undergoing treatment for anxiety, stress, depression or whatever you’re claiming. This includes things like taking medication and undergoing therapy.
  • There may be wage and employment requirements.
  • You have to submit a disability claim application. This stuff isn’t automatic!
  • You’ll have to be open to a medical evaluation by the entity you’re trying to get benefits from.
  • You may be subject to an investigation, which may involve the interviewing of family, friends, and co-workers.

Types of Coverage

Not all disability coverage’s are created equal. This is because the type of coverage you have will dictate how much time off you get, how much money you are paid and other particulars of that nature.

State plans - The majority of workers fall under this plan in California. This coverage is paid by deductions from your paycheck. Not sure if you pay into this? Take a look at your pay stub.

In California it would say CASDI, which stands for California State Disability Insurance. Obviously this will vary from state to state, but most working Americans are eligible for this type of coverage.

Voluntary plans – This is a private plan that employers and employee groups can use with approval through your state’s disability office. You can inquire about this coverage through your employer.

Elective coverage – Employers and self-employed people can elect coverage by directly contacting their state disability office.

Short term disability – In this case your employers or your own policy will dictate your coverage. This coverage, like all others, pays a portion of your salary if you become disabled.

You can get it through private insurance companies like Metlife or Aflac by way of your employer. See your human resources department at work for more information. You can also get it through the social security office as well.

FMLA – The Family & Medical Leave Act allows eligible workers to take off up to 12 weeks in any one 12 month period for the birth or adoption of a child, to care for a family member, or because of a health issue.

This coverage doesn’t all have to be used all at once either, it can be broken up over time and can even be used to allow for part time work on a temporary basis.

Workers Comp – This is insurance that your employer pays for in the event that you are injured on the job. Workers comp will pay for medical bills, disability payments and retraining benefits.

In most cases it will be difficult to obtain workers comp benefits for stress or anxiety. The state of California for example is notorious for investigating these types of claims vigorously and denying them with just as much gusto.

They could argue with you about whether or not it is your job that is making you panic and so on. Is it the kids? Your spouse?

They will dig, believe me. Actually, in the state of Virginia they laugh at stress or anxiety claims. But in Michigan they do pay on such claims, so you’ve go to do your homework.

SSI – Supplemental Security Income disability is a federal program that can be used to pay disability benefits due to stress or anxiety. This program is perhaps one of the most hoop intensive programs.

From what I understand, when it comes to workers comp, or SSI, it isn’t unusual for people to acquire the services of an attorney because things can get nasty. In fact, the denial rate for SSI is super high. You may have to try multiple times, and even end up in court to get your benefits.

Appeals

The appeals process is something you have to be aware of because of the high rate of denial for “stress claims.” In most cases, from the date of denial, you’ll be given a set amount of days to submit an appeal.

This should have your case reopened for reexamination.

The bottom-line here is: know your rights!  Just because someone says no the first time means nothing.

Maybe you got a grumpy examiner the first time around, it happens. Also remember that if you win your appeal you could be entitled to retroactive payments.

Pros

The up side to getting disability payments for stress or anxiety is huge. This will give you the time to regroup and recharge your batteries. It will also give you time to get the help that you need.

After all, being on disability is not about watching day time t.v. or shuffling around WalMart when everyone else is at work. It is about making a plan to get better and trying to fulfill that plan to the best of your ability.

Mental stress is a real problem that needs to be addressed. By addressing this problem you can avoid getting sick on a physical level, and avoid all the problems that come with that, like gigantic medical bills. So the break down of perks looks like this if you can make it across all the red tape.

  • More time to let your mind and body recover from the effects of stress.
  • More time to seek help and make a plan of action to maintain your long term health.
  • More time to reevaluate your situation, like your job, unhealthy habits, relationship problems, and lots more.

Working day in and day out can be a grind, a big metallic grinder with shiny blades, in fact. Getting away from such a thing temporarily is not a bad thing.

Cons

Here it is, the bad part. You didn’t think that this would be all easy street right? Well, for starters, if you file for disability it is possible that your life will become an open book.

So you have to ask yourself if you’re ready for that. I mean, if they’re interviewing co-workers about this, it’ll be more than just a cat coming out of a bag… it’ll be more like a tiger. Office gossip, trash talkers, you name it, they will all come out of the woodwork.

You’ll turn into topic numero uno, and possibly be labeled as the office “crazy person.”

Then there is the stigma put on you by management. After months or even years of loyal service, you could become the object of anger or even neglect. Backlash is a real possibility.

And lastly, although in many instances it is illegal, you could lose your job. I’ve personally encountered several people who went on disability only to come back to work to be told that there is a “lack of work,” and voila, no more j.o.b.

Even women that go on maternity leave have to face this sometimes, imagine what they will do to someone who is “just” stressed out. So if you go on disability you can expect:

  • Office rumors and gossip about you
  • Managerial backlash
  • Layoffs
  • Social stigmatization

This isn’t to discourage you, it is just to give you a realistic picture of what it could be like once you get on disability. You have to know that the going won’t always be easy.

Alternatives

When stress and anxiety jump up and bite you, you don’t always have to fold your tent up and go home. You do have a few options that you can explore to avoid disability altogether.

EAP – This stands for Employee Assistance Program, which are programs designed to help employees with personal problems like drug abuse, emotional distress, major life events, financial troubles and work relationships.

This type of program can be linked to your health care plan and may provide counseling services as well. Unfortunately, EAP’s are normally only found at large companies, but if you work at a big company don’t ignore this resource. Talk to someone in your human resources department for more information.

Vacation & Sick Leave – Got some time off coming? Instead of the typical vacation you could try to design a getaway or even a home based self-help program to get back to basics for a few weeks, or if you haven’t already, you can visit your doctor about starting medication and explore other treatment options, all in private.

The truth is that typical vacations can be stressful, and may not even be necessary, considering that maybe all you need is a few days to collect your thoughts and indulge in some R&R. You could also use some of this time with short notice if your employer allows it.

You’d be surprised what taking Thursday, Friday and the weekend off can do to your spirits, good things indeed. I also know that not all of us are lucky enough to have paid time off, but if you have it then use it, and use it wisely.

Conclusion

I believe that mental stress and severe anxiety are debilitating conditions, even if you’re not on the floor convulsing from fear.

It is both wrong and unfair that those of us that suffer from anxiety aren’t given more compassion and patience in the workplace. But in our workaholic culture there is little compassion or patience for those that succumb to the pressures of work.

You may even be called lazy, worthless, and so on if you do, but this is all nonsense. And although this is the state of things, remember that you have every right to use your benefits if the situation calls for it.

With that being said, the system isn’t geared against you. As I’ve outlined above, there are many different ways to escape the pressures of work for awhile if that’s what you need to calm down a little.

It’s true that depending on the coverage you’re trying to use things can get challenging, but it’s not impossible. Also, don’t forget that in some cases you can acquire the services of an attorney and not go it alone, but if you go this route keep the cost in mind.

There is no way that I can make this an exhaustive enough article to even begin to do it justice. My goal was to give you a cursory overview of what disability is, and how it works. I want to leave you with one last tip.

When it comes to ANY claim, but especially disability claims, document EVERYTHING. Medical cost, lost wages, or whatever you can think of related to your claim, save it and make copies.

Now, I know some of you have experience with this. So, join me in helping the AG community with this issue by commenting below.

Resources:

U.S. Department of Labor

Social Security

EDD – California Disability

DAD – Texas Disability

Depart of Health – New York

DDD – Florida Disability

Illinois Health Care

Pennsylvania Department of Labor

Legal Assistance

Disability.gov

Side-note: I couldn’t list all the offices for all 50 states, but you can Google “Your state disability” and find listings that way.

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  • Bryan3000

    Great piece, Paul. Very interesting read.

  • http://anxietyguru.net Paul Dooley

    Thanks Bryan. I thought it was important to let people know that they have options when it comes to work and anxiety.

  • Pingback: California state disability claim

  • MONICA RIVERA

    I REALLY NEED TO GET DISABILITY INSURANCE FOR STRESS, I HAD A LOT OF FACTS TO GET IT, THIS ARTICLE WAS VERY HELPFUL TO ME, THANKS FOR INFORMING US ABOUT THIS!!!!

  • Jenn

    That was awesome, thank you. And exactly what I was looking for. I live in California, so bonus for me!

  • http://AGAnxietyGuru Joanne

    WOW-I have been stuggling SO much and long, I have appreciated your taking the time to write this article. I have taken advantage of our company’s EAP Counsler and am under a licensed Dr’s care for the workplace stress situation.
    I have contemplated stress disability, but it is my true nature and hope that my compamy, HR specialists and management team wake up and work with me to find a balanced resolve. Thank you again :) ..By the By…I have worked for 48 years and have raised three awesome children. I can not see me NOT working-unless I hit the lottery!!

  • CANCERSURVIVOR

    I had ovarian cancer and my employer started complaining about the cost of the group medical insurance. He did that the whole time I was on chemo, I kept working thru 2 surgeries and 6 chemos for 6 months. However, my boss drove me crazy with the threat to cancel our group insurance for 7 years. After 10 yrs working for him, he finally canceled the insurance. But as his deadlines and his treatment towards me got horrendous, I started losing alot of sleep, crying, not a happy person. I kept trying to work so hard to prove I was “well”, now. Then I employer tried to get me to go on unemployment insurance and keep working, and he would pay the difference to me. I refused. I canceled my vacation to meet deadlines he gave me. I worked holidays, weekends. I kept telling him it was too much, he would scoff. I started getting a twitch on my eye, lack of sleep, bad dreams. I filed a Worker’s comp claim. My boss then went balistic. Demanding that I go on medical leave. I told him, a doctor has to do that, not him. He was crazed. Then 3 weeks later he laid me off. Clearly a retribution action. He had been threatening that for a while too. I had SDI for 4 months. I am not ready to go back to work. A psychologist I saw for 7 months, decided I am ready to go back. I am beginning some specialized training for 2 new upcoming jobs. One training done. I will work 2 jobs within 6 months I will start these 2 jobs. But for now I need my SDI back. I have 2 attorneys, a civil attorney, and a W/comp. I have everything documented. This is stressful. All of what you said above is true. I am a Christian, I have researched this in my Bible, and I feel that what I am doing is right and just. There are many instances of other abuse by my employer I don’t want to mention, but I have had a hard time of it. But I plant flowers, pray, communicate, and hope for the best. I know people lie about these kinds of cases, but, this is all true. I am concerned about the morality of it all the time, and I don’t EVER watch Jerry Springer, I am busy with learning how to now restructure my life, with no insurance, and no job after working all my life.

  • http://anxietyguru.net Paul Dooley

    Hey Joanne, so glad to hear that things are on a good track for you. That is great news. I hope things continue to get better for you.

  • http://anxietyguru.net Paul Dooley

    Hi Cancersurvivor, first let me just say that I’m happy that you pulled through! I am also very sorry to hear about all the terrible things you endured. Your boss sounds like a real piece of work. I just hope that you get the results you seek because you deserve it. No one should ever be treated the way you were. Anyway, try to stay positive and focused on getting things in order. I think you have an excellent chance of coming out on top.

  • CANCERSURVIVOR

    Hey Paul, thank for your encouragement. It’s strange how people react when put under pressure. I took my share and some, from my x-employer, but now I have alot of experience. I look at having had cancer, as something that really taught me about that experience so I understand how feels, I am much more educated about it. I need to look at this the same way, I am getting an education in how better to protect myself with an employer.
    I am doing well in my studies! I am not a victim. I am a doer, so onward, and upward I go!

  • CANCERSURVIVOR

    An applicatioin for adjudication of my W/Comp claim has been filed with the appeals board. I am wondering if my Dr. who had certified me for SDI releases me for work, but my employer laid me off 2 1/2 weeks after I initially filed my W/Comp claim, if I can file for UI benefits, while I wait for the appeals board to make a determination? This was only 5 months ago, so the UI base period still applies.

  • CANCERSURVIVOR

    Joanne, I am so glad that your HR is working with you. I was the HR person, so the owner of the company is who I had to work with. I told him over and over I was getting stressed out, He wouldn’t work with me on this. I filed a Work/comp claim and 2 weeks later he laid me off. We have to take care of ourselves, and that is what I am doing. I have been in the workforce for 38 years, and at my last job over 10 years. I will be sending prayers up for you situation to resolve well!! We work hard, and sometimes, too hard when we are motivated by many things. Mine was insurance after having cancer, not easy to get, yours is your children. My mama raised 3 girls by herself, WE CAN DO IT!
    Blessings…

  • Lisa

    I’m not to sure what my next step is. I have worked for my employer for 2 years and the past six months have just been horrible. My breaking point was yesterday when I just couldn’t take the stress any longer. My heart began to beat really fast, my head was pounding, chest pains and fingers were going numb. I began to cry because it was just too much and informed my employer that I had to leave. I immediatley went to my doctors where they took my blood pressure which was high (i’ve had low blood pressure my whole life) They hooked me up to an EKG machine and during that time I was actually convulsing (shakes) from my nerves. I was told by my doctor that I couldn’t go back under those working conditions and gave me 4 weeks off on state disabilty. Also she referred me to a psychiatrist if I needed further evaluation.

    Today being my first day off, I felt like I just came out of an abusive relationship and sort of a grieving process. Before this happened I was being bullied at work by what was supposed to be my supervisor and also her sister worked with me too and things went bad to where on a daily basis they would look for mistakes, sabbatoge my job, if I needed help with something I would call my so called supervisor and she would just laugh and hang up on me leaving me to make decisions on my own in a medical office environment! I was given a hard time by my boss if I worked even 5 minutes overtime. I tried many times to speak with my boss to resolve the problem but he did nothing because he didn’t like conflict. I could hear one of the sisters on the phone speaking in spanish how she wanted to beat me up and remind you I’m forty years old. This was so childish but I had to work in a hostile environment everyday. This was a pattern with them, they did the same thing to the employee that worked there prior to me. it was such a disfunctional office that one of the doctors quit a month ago because she hadn’t been paid. I was hired to work full time but my hours now varied on weekly basis pending when a doctor would even be on our office! This has also caused financial hardship. So i have 4 weeks on this disability, then what?? If I go back, I’m seriously risking my health but if I don’t I’m financially strapped. I have been applying for other jobs but with this economy there are very few jobs available. At this point I honestly don’t even feel like I could function at a new job because of my anxiety and stress and what it has done to my well being.

    Any suggestions? Thanks for taking the time to read this, I would greatly appreciate some feedback.

  • http://anxietyguru.net Paul Dooley

    Hey Lisa, I’m so sorry to hear about your work situation. Looks to me like you’ve done the right thing so far. You’ve seen your doctor, you’re taking some time for yourself, and you’re looking for work. In this case I’m not sure that there is much more you can do except to do all you can to lower your anxiety levels.

    So if you’re not already you can consider some exercise, meditation, and whatever else you think can help calm your nerves. Keep up the job search and try not to get discouraged. The economy is due for a rebound, may not next week, or next month, but certainly sooner than later. Hang in there.

  • CANCERSURVIVOR

    Lisa, have you considered filing a worker’s comp claim? Because if you go back to work and then they lay you off, you can’t get worker’s comp. But if you do it now, and they lay you off, or worse yet find a reason for firing you, you can’t get worker’s comp. Sounds like you qualify for it, but it is a fight with worker’s comp. I have a worker’s comp lawyer and a civil lawyer now working on my, now 2 cases against my employer for harassment. It’s horrible in this economy that they treat us like this, knowing how hard it is to find work again. I think many employers are doing it on purpose, thinking we won’t fight for our rights, not to be treated like dirt! I think my employer was trying to get me to quit so I couldn’t even get unemployment benefits. Now the thing is, if you file for worker’s comp, and then they let you go, by lay off, or firing, that is call retaliation for filing the worker’s comp. I pray for you honey, I am going thru such a similar situation. Bless you dear.

  • Linda Harris

    I have been on disability now for 9 months due to an accident and having severe concusion. This has affected my memory, processing thoughts and more but it is getting better but definitely not back to myself. I have been working with a therapist but stopped recently. My diagnosis has been PTSD and I understand SDI will cover me for 12 months then I have to apply for SSI. Here’s my question, if I go back to work after being on disability for 10 months and I end up on SDI in a few months due to the residue from my accident. Will I still be able to have the 2 months of SDI or will I start over again with 12 more months of SDI or will I have to apply for SSI? I wasn’t sure if SDI is only for 12 months for your lifetime. So once you use 12 months no matter what happens if it’s a new diagnosis your only allowed 12 months and not 12 months for each diagnosis.

    I hope this makes sense and isn’t to confusing. I appreciate any information shared with me. Thank you in advance for reading my message and answering my questions.

  • Penny Wise

    So glad to find this article. I manage people in an environment that is incredibly stressful. I am torn daily and under an incredible amount of stress to provide the production of 12 people out of 4 (this is a call center environment and I have the tools to prove that by the way). When I was instructed I needed to cut heads and still meet a goal of 10% higher than the corporate goal I just about lost it. I documented, presented, demonstrated …. what ever I could do to show how impossible this was.

    I can continue about the environment for hours of typing that would make anyone’s jaw drop. So just take your experience combined with all you have heard and triple the intensity.

    I think what some may not understand is a stressful work enviornment has impact on productivity and NO ONE wins. Not the employer, not the employee and most of all, not their customers. Ultimately, if a company continues to push to “save a penny” here and there they will pay a much higher price in so many ways.

    Coming from a family of business owners I can honestly say that it is truly unfortunate that those folks who “work the system” don’t realize the impact it has on those who truly need it. It makes it more costly to do business and that coupled with all the other items that eat away at your profits cause employers to have to do more with less.

    People need to start taking responsibility for their own actions. Employers need to have an interest in their employees well being BUT at the same time employees need to take pride in what they do and know that each “sneaky” “play the system” thing they do ULTIMATELY impacts their peers…because the cost of these actions just eats away at the bottom line. In this case, employers may have no choice but to downsize.

    When are we going to start working together?

  • dg73

    Great article!! My work related stress began almost 3 years ago and I went to my doctor hoping to be given some time off. Instead he prescribed depression medication. A few months ago out of nowhere I started to feel really tired and then I lost my appetite. I got really sick and went to the emergency. My white blood cell count was extremely low and I was dehydrated. They also gave me potassium and admitted me to the hospital for 3 days. Almost 4 months later I am still not working and I have (after another stay in the hospital) been diagnosed with Ulcerative Colitis. Ulcerative Colitis is caused by stress and I had to take steriods to clear up the infection. I am also on 11 pills a day-a nice break from the 28 a day I was taking at one time. I honestly thought that I had dealt with my stress by not thinking about it but there is a lot more going on in my system. I just hope that harassment that is going on in the workplace will someday be looked into before there are more cases of mental and physical illness.

  • Donna

    Thanks for all this information. i do have bad nerves, depression, and A.D.D. ive never tried to get on disability but i am now, i just decided to because of alot of things going on with me, thanks for all you have shared. Donna

  • http://google Jill

    Hi – Great Article but I have question. My soon to be ex husband ( we were married 30 yrs) went on disability 9 months ago just after he left me. Per his Dr he has Adjustment Stress syndrome. ( from what I was told it was because he could not adjust to the lifestyle he choose when he left) anyways… with this I am unable to collect spousal support. I am trying to support myself as best as I can but it is hard when I now have a single income where when we were together he made 2 times the amount that I do, but needless to say I am getting tired of having to take time off work every 6 weeks to go to court to find out that he is still on disability. Just today I was told that he will now be out till the end of Jan. So I guess my question is How long can a person stay on disability under this type of disability? Jill

  • mike

    what should I do my Xanax doesn’t. work I had a job..lost it because of anxiety
    I filed for disability year’s ago
    .now what I can’t even make it thru a interview without a panic attack

  • Tara B

    These comments ring familiar as I am going through what is called workplace bullying (which turned to mobbing once people found out); then armed with full support of management and HR, retaliation ensued, with a goal of torturing me so I would leave via the illegal practice constructive dismissal. I am currently on my fifth month of FMLA and am due to return next month. Meanwhile I scramble to get my long-term disability claim filed (but am afraid it is simply too late, as I spent the last five months unable to function with PTSD, so was unable to embark on the insurance claim paperwork, also so depressed I was mostly set on suicide as my plan B) – if I am approved for benefits, it will never happen before the day my FMLA unpaid leave runs out and i have to face the horrors of reentering that horribly toxic environment at work, or simply lose ten years and consider myself terminated (constructively) losing all my health benefits when I have so many mental and physical stress-related problems along with chronic pain from a longstanding permanent physical disability. 

    I wanted to post some links about workplace bullying and mobbing; there is alot of information out there. It is doubly awful being in this situation not knowing there is terminology to describe this common incredibly destructive phenomenon (in most countries outside the US, it’s illegal). There are typical tactics employed by perpertators, usually supervisors, and there are common stages targets are put through, and similar known damaging effects targets endure (like stress-related ailments, PTSD, mental injury, permanent ejection from workforce, and ongoing re-victimization in many facets of life as targets seek help and support). Many targets of workplace bullying/mobbing actually die of stress-related conditions or suicide, often never realizing this experience is shared by others all over the world. Another fact is that most targets are better than average employees, and often outstanding achievers, and the primary reason they were targeted is due to envy of their skills and character by an inferior self-conscious poorly performing supervisor who feels threatened by a skilled subordinate. 

    Many perpetrators of workplace bullying clinically fit the profile of a corporate-psychopath, meaning they have zero conscience and enjoy causing a target distress; these are supervisors nobody would suspect because they manipulate and charm as they covertly launch a campaign to destoy the career and even the life of their target. It is imperative to know when you are dealing with a case like this as those often result in mobbing, and the only way to survive is to escape quickly and take time to heal from the devastating aftermath. (I learned this the hard way, and it may be too late for me).

    Sometimes workplace bullying just called workplace psychological abuse, or more mildly put, “incivility”. There are various terms used but the phenomenon is common. Bullying by a group is called “mobbing”. Usually abuse is inflicted on the target by a supervisor, though not always (approx 80% of the time). 

    Some info: 
    http://www.workplacebullying.org/ 
    http://www.healthyworkplacebill.org/ 
    http://www.mobbing-usa.com/R_faq.html 
    http://www.lni.wa.gov/safety/research/files/bullying.pdf (pdf) 
    http://www.kickbully.com/ (good info – see left nav links) 
    http://en.wikipedia.org/wiki/Workplace_bullying 
    http://en.wikipedia.org/wiki/Mobbing 
    http://members.shaw.ca/mobbing/mobbingCA/sophisticated.htm (excellent mobbing article by an author of a very informative book written from a legal perspective – perhaps the best I’ve read on this topic)

    Good luck to anyone who is going through workplace bullying or mobbing. Just wish I knew sooner that I was not alone, that there is a ton info out there, and that there was a name for what I was experiencing. 

  • Bob McWilliams

    To the writer of this story…

    My wife just had a mental breakdown. We just signed up for short term disability with her job. We have NO idea what we signed.

    If you want to document a process from start to finish this may be a classic example.

    For more info, just email us at txcache@aol.com. Put Terris Illness in the header so I will know this is not junk mail. We will share all our experiences.

  • Keith

    I found this article via a search to find out if I have to take meds. I went on ticket to work because I hadn’t been on meds for several years. The doctor kept prescribing and for some reason or another my body wouldn’t tolerate or it did nothing. It is almost review time and I am fearful that they mike take me being on meds the wrong way. So, the loss of disability payments is a big anxiety creator. After I got off meds, I now get migraines which are set off by bright light. Anxiety for me is the result of a perceived threat. Until the threat goes away, I am usually trying to qualm the beast with lots of meds. What else? Then there is the weight gain…If the meds don’t kill you, the obesity and other related complications that being overweight do will. So, now I have a 15 year gap in my work history and middle aged which could be big strikes against me if I do lose benefits. Anyway, when I started in the system sleep had been a problem with major anxiety and to finally get treatment after 10 years was a blessing but as I said within a few years I was putting on the pounds. They system isn’t perfect. Yes, it helped to get away and looking back don’t think I’d do any different. The Doctors I’m sure are aware of what the meds are doing to people but it has become so much easier to prescribe a pill and the mere blurb of a problem.

  • CANCERSURVIVOR

    Hello to Pennywise.

    I agree with you about how we need to work together. I truly wish my employer of 11 years would have worked with me. My heart is broken not to be part of a company I loved. I made a sales move 5 years ago there that tripled the income of the company. No one worked as long hours as I did, not even the owner. But it was a start up business, and frankly I was proud of my part in helping to make it successful. It was like tending my own garden to me. I am not in my fight for money, I am in a legal battle to help set precedent in law, to protect people struggling with cancer from being harassed on the job, and let go from their jobs. This is a very common occurrence, I learned that from a few Med.Ins brokers, I was the insurance administrator, amoungst many many other depts.,for the co. I worked for. I was in shock!! I was also in shock to find I couldn’t afford my own insurance, and I couldn’t find very many companies who would even take me!!! I continued to work my deadlines, and harder when I felt better the whole time I was sick. Believe me, I truly wanted to work together with my employer. But I truly think, he thought I was a liability. Funny, I am going on 8 years of remission from cancer. I am happier than ever, money is tight, I am doing the best I can, but, so much less stressed, than when I had an employer threatening to cancel the medical insurance when I was struggling with cancer. I think it made him feel powerful. That is sad, but I am not!

    Thanks!!

  • Mel

    i work as a part time night stock person at zellers and don’t have any benefits. since i started working there, i have dislocated my right knee and i have been experiencing extreme pain on both feet. after a year, my back started bothering me again. i’ve had back problems 4 years ago due to a slip and fall which i went through full therapy for till it sort of healed. i didn’t think it would come back but it did. and at times it feels like my back would break literally. i’ve ignored all these pain because of income. it’s come to a point where i’m now feeling pinching pain in my chest area. last shift, i was being timed to finish a job to lift and put away 3 skids full of heavy chemical products all by myself. the boxes were so strong, i broke 4 nails prying them open. my supervisor doesn’t like me very much because she didn’t feel another person was needed for the night shift but the store manager didn’t agree with her. so when i got hired, she put me through hell hoping i would break. i did break but i persisted all this time. but now i don’t think my body can handle anymore pressure. and i have been pushing it beyond its limit. i honestly think i’m completely burnt out. not to mention all the emotional abuse i have been taken from my supervisor. i have filed a complain about her before (which my husband initiated because he hated to see me in tears everytime i got home from work) but i honestly think it made things worse for me but like i said, i need the income. i need advise as to what i should do. i’m hurting both physically and emotionally. but i don’t want to be left with nothing at all…job-wise and income-wise that is. this has been a very stressful year and a half. i don’t want to sound like a cry baby but i really need help. i am a 46 year old hard working woman. normally i would know what to do but now i feel like i’m in a tough situation.

  • http://anxietyguru.net Paul Dooley

    Hi Mel, if you’re in a lot of pain then filing a disability claim could be an option. Of course, you’d have to have your doctor approve the disability. With regard to your emotional situation, looks like the same applies. That is, your doctor would have to evaluate the situation and make the call. I’m sorry to hear about your work situation, sounds tough to say the least. Talk to your doctor and review your options with him/her. Kind regards.

  • Keith

    I agree, talk with your doctor. The process to get on Disability could be a long one.

  • Kelly

    Go to Wisconsin. Cry about how you’re so anxiety ridden you can’t possibly hold down a job and you’ll get $900/month disability. A woman I know did this and she’s perfectly capable of working, just was too lazy to do it. She was incredibly amazed at how easy it was. I live in Indiana. I have Sjogren’s and can’t get disability, but a lazy con artist can get approved in a month’s time. UNBELIEVABLE. The Government needs to start combing through their disability records and clean house!

  • BrainInjurySurvivor

    Paul,
    Thank you for this article. I have recently been denied benefits in Louisiana. I suffered a ruptured brain anuerysm in 1998 it was repaired and I survived by the grace of God. I was denied benefits back then even when my husband wheeled me into the office of SSec and they witnessed for themselves my disablities. Well I was able to physically rehabilitate but none of the doctors had told me of the psycological affects of this would be. I continued to work for 14 years now have had increased anxiety, panic attacks, tremors and high blood pressure. I “had” a bully boss, passive agressive coworker which pushed me over the edge. I filed a complaint with HR against said coworker for hostile work environment, ended up on probation myself! Well low and behold found myself laid off at the beginning of this year – imagine that. Not only have I been traumatized from my brain injury but also by my horrible work environment. My psyhologist knows what I have been up against. I have showed that I have tried to work for 14 years with my slow processing memory, anxiety and panic attacks. Now I have been denied disablity again. I will be seeking legal counsel this week to appeal. My fear is because I am unemployed I will not be able to afford any fees incurred. So do you know if I can “try” to work in some form or fashion in a “low key” environment – wherever that may be – if it will hurt my chances of going on disability. I am not a lazy person but I just need some added income which I thought Disability benefits could help with.

  • Pat

    None of you Americans will like this, I’m sure, but the best remedy is to work to change the culture so it supports unions that are strong enough to write contracts with the power to stop institutional, corporate and individual bullying; to bargain down or bargain away excessive monitoring, arbitrary targets, unreasonable expectations etc and then bargain good benefits to support someone affected by behaviour (on a corporate or individual level) that violates these norms. That being said, stress is very difficult to point to as a specific causative factor and in most cases disability would be granted for the physical damage it does; threats of suicide, heart attacks, strokes, high blood pressure, etc. Of course, it is highly likely that most Americans will allow ranting ideologues to scare them away from this type of solution, so it has little chance of succeeding in your country but this just lets you know that there are alternatives to the masochistic mass suffering Americans seem intent on inflicting upon themselves.

  • http://anxietyguru.net Paul Dooley

    Hi BrainInjurySurvivor,

    It looks like you can still obtain disability benefits in the state of Louisiana even if you’re earning a “limited income.” Since I’m not sure what that means exactly in Louisiana (you never know), looks like your best bet is to ask your attorney to be sure. They should know your state laws well. I wish you all the best! Good luck.

  • Ken

    Was wondering if I would be accepted for unemployment or disability because…

    I have high blood pressure, I am on meds.
    I have depression and anxiety, currently on meds for this also..
    I also have heart palpitations(heart skips beats)

    Not sure what I can do..

  • Ken

    Forgot to add I live in California also.

  • http://anxietyguru.net Paul Dooley

    Hi Ken, You can start by talking to your doctor. If they feel you’re not fit to work right now they can put you on disability.

  • WebMistress

    Hello,
    I’ve been seeing a therapist for a year now stemming from an ER visit when I had my first panic attack. My MD put me on Xanex and Zoloft and Metropol and I’ve been taking these for a year now. Just in the past 5 weeks things have gotten really bad at work. I’m constantly told my work quality is low, that I’m unprofessional, that clients are complaining and one of the fellow I work with just cut my bonus salary by $12,000. I cry all the time and feel helpless at work. I’ve been at my job for 21 years and all of this came about in the last year.
    My MD wrote me out of work for a week. I am covered for short term disability by MetLife for up to 26 weeks at 100% salary. I filed a claim with them on the phone. My MD says I’ll need to be signed off by a psychiatrist. My therapist is not a psychiatrist. Psychiatrists won’t see me re: disability because I have no history with them. It seems like if you put together my MD and my therapist, MetLife would have the clear picture of what I’m going through. My HR dept is useless.
    Any advice would be so much appreciated!
    WebMistressedOut

  • BrainInjurySurvivor

    Hi Paul,
    Just to update you I have been denied again for disability. I have sought legal counsel. It will take a year before I can get an appeal trial, I must discontinue unemployment benefits, and cannot work at all apparently “trying” to work is frowned upon here in Louisiana because it shows you can work in some form or fashion. Social Security doesn’t care how work affects you or the people you must interact with just so they don’t have to pay. So here apparently I must exhaust all my funds, i.e. savings, IRA, 401k, and still possibly be denied or go broke doing it. : (
    Still lost and anxiety increases as I even consider returning to my previous work.

  • Keith

    Same here in Nebraska. Probably take you three tries to get disability which could mean up to 2 years so you better have a way to survive until then. And the amount is enough to keep your head barely above the poverty line. And To get food stamps medicare medicaid you have to have nearly nothing or you be forced to sell to get below a earnings level. Then if you decide to go back to school you get penalized if you start making some money you get penalized so my suggestion is to win the lottery.

  • Donna2222

    My health conditions (epilepsy, cancer and anxiety)affected my job performance. I realized I could not do my job and needed time off. I went on FMLA/used up my sick leave. Even after 12 weeks off, I was still exhausted so I chose to resign. I am glad I am no longer in that job, but miss the satisfaction of the job/retirement/benefits. Now I realize I was trying to perform a job I wasn’t good at which only intensified my medical symptoms. I have bought a small house with my retirement and am living on my savings. This is preferable to working right now. Today, I still have anxiety about returning to work and I think this anxiety increases my fear of going back to work.

  • John

    I like what you wrote here. Anxiety and stress sure can take its toll on the on a person. I went through h*ll with my last employer. I was sleeping less than four hours every night because of constantly doing research on how I could protect myself from my employer. My story is very long and involves asking for ADA accommodations and being denied, filing numerous harassment complaints against my supervisor and ultimately having nothing done about it, filing complaints with the EEOC and DFEH, etc. I was so extremely stressed that I had been off work for weeks or even months at a time. I was on FLMA leave during those periods of time, and my employer really hated that since they could not discipline me or fire me when I was out on FMLA. Eventually my employer came at me with a new angle; they started counting me AWOL despite my always supplying them with doctor notes any time I was out due to my anxiety (panic disorder). They did this in an attempt to terminate me in retaliation to all the things I had done to protect myself from their punitive treatment. I eventually filed a workers’ comp claim due to extreme stress that was aggravating my health conditions (not only was my anxiety getting worse, but my diabetes and high blood pressure were getting worse as well). I fought that workers’ comp claim all by myself despite being told by doctors in occupational medicine and workers’ comp lawyers that it was nearly impossible to win a workers’ comp claim based on stress. Well, after writing many long and persuasive letters to my employer’s attorneys I got them to settle and send me a check. The check wasn’t unusually large, but it was a victory. The only bad thing is that my mental and physical health declined so much from battling my employer for so long that I had to resign. I have not been able to find a job in the three yeas since that. It just makes me wonder if employers check their applicants’ history for workers’ comp claims and deliberately choose to not hire someone who has filed a workers’ comp claim in the past. :-s

  • Manda

    John, I STRONGLY believe they can, and WILL check your work history/along with work comp claims. Long story short, I had a work comp claim, from a job I’d had for 11 years, had 2 botched shoulder surgeries, they paid me off (and like an idiot, I was at the time) took the first offer from work comp (nearly nothing for what I went through), went back to the same job, because I didn’t see another choice at the time, it was too painful STILL for me to be doing every day, so I quit. I just left. Horrible mistake #2, #1 was not getting a lawyer, but I didn’t have any money. Now nearly 4 years later, I have a somewhat steady job at a different place that causes a lot less PAIN, but nearly doubled my anxiety/panic, gave me an ulcer, and high bp, I was nearly in the stroke zone yesterday with bp (I’m 33) and my doctor took me off work for 7 days.

    Today I started panicking, worse, which brought me here to this page, once I realized that I have no sick days, no vacation time, therefore no paycheck for the entire 7 days (doesn’t seem like a biggie, but it is for some), so I called my doctor and I’m released on Saturday instead of Monday. My job pulled one over on me here as well, I started employment there on August 2011, then left for one month to take an insurance class (to try and get a better job, didn’t work out, but I passed the class), went back to this job in April, so that’s considered my hire date, and there are absolutely no sick days or vacation days unless you’ve been employed for 6 months. I’m screwed, as I’m looking at this, now going back to work sooner, my dr DID ok it, IF I’m feeling better by Friday, but there really is nothing else I can do unless I want to go through an even more stressful disability claim, for the 4-5 days I missed.

    Back to the topic of checking your work comp history, someHOW, when I was hired at my recent job, they already knew about my claim with my previous job, and I had to pretty much lie, and say that I was perfectly fine as far as pain went, completely NOT the case, shipment and such is still very painful, but I was denied permanent disability of any kind because my injury wasn’t considered severe enough (although it causes DAILY pain and requires a strong med), also included ALL my anxiety/panic/bp issues, and denied. However I do live in Cali, and from what I know, there are SO many people here already on disability that it’s nearly impossible to get approved in Cali unless you’re on your deathbed. I know, that at least 30% (if not more) just worked the system.. this is all extremely frustrating to say the least, and I just don’t have it in me to fight ANYTHING anymore, just need to go to work, and try to stay calm, so I stay alive. Apologies if I don’t sound encouraging, I was still hired, even with a previous work comp claim, so that part is good news for some :)

    So sorry to read everyone’s horror stories here… I know there’s so many people out there who really need these benefits and cannot get them no matter what they do. If I would have had a lawyer at the time of my work comp claim CLOSURE, I’d be sitting happily with a couple 100 thousand, that I’m SURE would have gotten me through a few years of struggling greatly, and also causing my poor husband anxiety disorder & high bp as well.. it’s just one big mess.. all thanks to the ‘system’… good healing thoughts to all, as well as myself. Gotta calm this ulcer and stop these panic attacks before returning to work on Saturday as well, and while trying not to panic about the loss of 4 days of pay. what a mess.. I can’t help but laugh sometimes..

    Thanks for this article, it DID make me realize that unless my issues become EXTREME again, like this time, I don’t want to do anything involving any system, because it stresses me out and panics me 100 times worse than I already am. Such an oxymoron!!!

  • DT

    Here is my story. I was on stress relative disability from march 2010-November 2011 in California. When I back to work they told me they dont have any open position for me and offer me to wait( looks like they didnt want laid me off, they wanted me just quit). I quit and got another job. I am doing sales, work on only comission base. First few months I was making very good money, after that my income went down so I barrely can pay my bills, my wife is not working and we have 2 young kids. Also at my work my managers are making fun of me and sometimes ignore me so it affecting me to make my paycheck. I got an ulcer, got stomack issue, lost appetite and always nervous.I spoke with my doctor and after explanation him my cituation he said he can pull me out from job for short time and can apply for disability. But I already was on disability 9 months ago. Can I apply again if did it before already? Will I qualify for it or not. Any ideas and suggestions. I need to take some time off, cause my health is getting worser. I was thinking just quit, but its hard to get a good job here in CA now. Also wondering about my family. Thanks for help.

  • OTHERSIDE

    I am presenting a different side of the story. There is someone at my place of employment who is “planning” on going out on stress/medical leave. She is setting the stage by letting everyone know about her medication issues, her problems from childhood, etc. Of course if a physician writes a note for her to be off that will happen but…the stress is NOT related to her job (it’s not a stressful job by any means), she freely admits that her issues are not work related. So why would she be eligible for a medical/stress leave? I am one of those that think people need to “get over it”, after all, they are not in their childhood anymore so move on.

  • Whathappened

    Reading all of these posts is so frustrating. I too am a victim of bullying at a medium-sized company (telecom) and I never imagined that it would happen to me. I have never, ever had anything less than a very high rating plus free trips and awards for achievement, and suddenly I became a very low rated employee, which only happened after a re-org which resulted in me being under an idiot boss. I have been with the company for 12 years and had no issue with staying with them forever until what has happened since the beginning of this year.

    Late last year I started wondering why I felt sick going into work. At first it was just “Sunday night blues”, then I could accept it after I dropped off my kids at school and starting doing my work once I got on my computer and worked on my various tasks. It was a very heavy workload, my management did not have a clue that the application and users I supported went from having one primary Stakeholder to 11 in one year, but my solution is ALWAYS to work harder and think that the upper management will recognize it. I was working crazy hours all the time, doing 9 hours at work and then logging back in after my family went to bed to work another 4-5 hours. It was all for nothing.

    At the beginning of the year there was a “surprise attack” by my manager. I had been told nothing about my performance except he didn’t like the “timing of my documentation”, and really weird things such as “don’t ever say the word ‘it’ ever again”, “you sound ‘mousy’ on conference calls, “don’t say ‘it is like this’”. Suddenly my 1:1 meeting was changed to a two on 1 in my director’s office. Said Director started talking about how I was in the right role, I had no clue where this came from and asked who was complaining and what their complaints were. No examples were given. He told me that the company didn’t work that way, no one would come to with complaints, lol. That is a complete lie, that is all the Directors do is point blame on someone, it is the culture and yet he had so examples.

    Later into the year, my boss went further with the apparent backing of my Director. “We need to bring out the b!&^% in you” and “I will spack the $%%^ out of you if you ever use the phrase “keep me honest” again. I went to HR with all of the documentation of these events, even after I started reading about workplace bullying and was told over and over again that it would not help. Since I had done well and had great experiences at my company over 12 year, I was just sure MY company was different. It wasn’t. HR is there to make sure the company doesn’t get sued, that is it. Since this horrible manager had managed to target employees of different colors, genders, etc. it was o.k., especially since he was fulfilling the departments goal at evaluation time to support the “bell curve”, a couple with very low evaluations, a couple very high and the rest in the middle. BTW, my HR person who was very good and had a bully boss at one time, left the company a few weeks after the end of the investigation into my department. One week she had been telling me that they wouldn’t even be speaking to my boss or his boss directly (implying my boss would be gone) 2 weeks later she is calling me with a shaky voice saying she had to tell me I would still be reporting to the same person but she wanted to tell me herself.

    So after all of that dragged out drama, there was more crap and my anxiety got worse. I just threw up on a Sunday morning (there was nothing to throw up though, because I don’t eat more than once a day). I shake, I get hot and cold without warning, I sometimes wish I could get in a car accident just bad enough to put me in the hospital for a few weeks but not enough to hurt me long term so I don’t have to go to work. I visited my primary Dr and I will be seeing a councelor tomorrow. I want out and need a break from work. The work itsel fdoesn’t bug me, but the abuse obviously has. It is very hard to explain unless you have gone through it. I hope no one else has to.

    Sorry to vent for so long, thanks for giving me a place to do so. This needs to be addressed. Being an equal opportunity jerk that targets and harms people’s lives does not make it right just because the company can avoid liability and fulfill the bell curve to avoid paying people what they deserve.

  • Whathappened

    BTW, my husband is a manager at a different company and he says they try the same tactics there. His upper management has tried to fire a salaried employee who has been mintues late often even though this employee has played a part in saving the company millions over the past 2 years. This person has family issues that cause those few minutes to be lost, but when the employee is there, all they do is work while others spend time taking long breaks, etc. He estimates that his workers value is 40 to 1 savings versus salary to the company, and still gets crap about the minutes late.

    I am so proud of him being the opposite kind of manager than we see in most other situations, His own boss has it out for this employee (reasons unknown) but my husband correctly thinks that he owes it to his team to protect, encourage and support them. Wow, what a novel idea!!!

    Sorry for the typos in my previous comment, I need spell check and the ability to edit!

  • Carmen Sanchez

    Thanks for this great article! I really needed this information because of the stress I am under currently. I am working full time offering adult day care services and I appreciate these comments knowing that I am not alone. Thanks again!

  • Jimbola

    Great article!!!
    I am 51 and have been dealing with GAD, Panic attacks etc for most of my life. I had my first Panic Attack when I was around 8 years old and ended up in the hospital where the thought I was having a seizure. I have also suffered from night terrors which cause me to have panic attacks. Almost everything in my life is a stressor, mostly my work environment. I am on many medications including; Xanex 2mg’s a day, Pristiq, and Busipar. To sleep, I take Seroquel, Buispar and Temazepam. I am not the type of person that likes to take medication but have tried all types of therapy and am starting with a new Therapist next week. The crazy thing is I go into panic mode when I go see my Psychiatrist and am already having anxiety about seeing a new therapist. I am sure taking time off from a stressful work environment would help somewhat but the anxiety will return as soon as I return to work. I might add, that I never miss a day of work even though it takes everything I have just to get there. The Xanex helps with my social anxiety as I have to deal with the public. I don’t know if anyone else does this– I plan out everything in my day during the night before and the morning before work which already sets me up for anxiety since I usually focus on some imaginary work conflict. Sometimes I feel like there is no hope and I just want to run away. I truly miss the joy in my life. I wanted to add one more thing. I feel that if the claim processors have to deal with the debilitating anxiety as the disease that it is they would have more compassion.

  • Lena

    My compliments to writer
    Thank you, this article gave me some guidance