Forced Back to Work with Anxiety or Depression? You May Qualify for Long Term Disability in Ontario

Forced Back to Work with Anxiety or Depression? You May Qualify for Long Term Disability in Ontario

With new regulations ordering employees back to work, many people feel pushed back to the office. Studies show that a sudden return to office requirements has increased stress, burnout, and anxiety, especially for those who did better working from home. If this pressure is affecting your ability to work, it may be time to look at long term disability benefits under your group or private policy.

Returning to the office while still struggling with anxiety or depression can be unsafe, and your mental health may qualify you for long term disability benefits under an employer or private insurance plan in Ontario if you cannot do the essential duties of your job. With the right medical support and legal guidance, you do not have to choose between your income and your well‑being.

Feeling Forced Back to Work with Anxiety or Depression

In Ontario, more employers are tightening “return to office” rules, sometimes with little flexibility for workers with mental health concerns. People report panic about commuting, crowded offices, and being watched at work, and are unsure how they will manage their anxiety, depression, or trauma.

Many workers in this situation:

  • Feel overwhelmed by the idea of full days in the office, meetings, and constant interaction.

  • Notice that symptoms like low mood, racing thoughts, poor sleep, and irritability surge when a return date is announced.

  • Worry they will be fired or labelled “difficult” if they say they are not ready to return to work, even when their doctor agrees.

Mental health is health. If symptoms stop you from doing the key parts of your job, you may be entitled to claim long term disability benefits instead of forcing yourself back.

When the Office No Longer Feels Safe After Working from Home

For many people, working from home during the pandemic was not just convenient – it was the first time work felt emotionally safe. Returning to a noisy, crowded office after years of remote work can feel like a shock to the system.​

Common feelings include:

  • Overstimulation – Bright lights, constant chatter, phones ringing, and open‑plan desks can trigger sensory overload, headaches, and irritability when you have gotten used to working in a quiet space at home.​

  • Loss of control – At home, you may have managed your symptoms with short breaks, movement, or quiet time; in the office you may feel trapped at your desk and watched all day, which can raise anxiety and panic.​

  • Social pressure and masking – Having to “put on a face,” make small talk, and hide how unwell you feel can be exhausting and can worsen depression and burnout over time.​

Research shows that the sudden, top‑down return to office demands have led to increased stress, burnout, and even higher rates of anxiety and depression for many workers. When people feel they have no choice about where and how they work, they are more likely to experience:​

  • Trouble sleeping before office days

  • Dread and Sunday‑night panic

  • Physical symptoms like nausea, tight chest, or shaking on the commute

  • Short‑tempered or tearful reactions to normal work stressors

If you notice that your symptoms are much worse in the office than at home – and bad enough that you cannot focus, interact appropriately, or get through the day – this is a serious sign that your work environment is harming your mental health.

In those situations, talking to your doctor about medical leave and exploring long term disability under your employer or private plan may be safer than forcing yourself to stay in an environment that is making you sicker.

Can Anxiety or Depression Qualify for Long Term Disability in Ontario?

Under employer or private disability policies, any medical condition – physical or mental – can qualify for long term disability if it prevents you from performing the essential duties of your own occupation (and later, sometimes any occupation). For many people, anxiety and depression are just as disabling as a physical injury when it comes to work.​

Insurance companies often look at:

  • How often you experience symptoms such as panic attacks, deep sadness, brain fog, or thoughts of self‑harm.

  • Whether these symptoms stop you from concentrating, dealing with stress, or showing up reliably.

  • What your doctors and therapists say about your ability to work safely and consistently.

Mental Health Conditions That Often Qualify for LTD

Conditions that may qualify for long term disability when severe include:

  • Major depressive disorder

  • Generalized anxiety disorder or panic disorder

  • PTSD and trauma‑related disorders

  • Bipolar disorder

  • OCD and other serious mood and anxiety disorders

Insurance companies sometimes downplay these “invisible” illnesses, but Canadian courts and doctors recognize them as real disabilities when they truly limit work capacity.

Most group and private disability policies pay a portion of your income if you are medically unable to work for an extended period. For the first part of a claim, the test is usually whether you can do the essential duties of your own occupation, and later, usually at the 2-year mark, the test changes to “any occupation”.

For mental health claims, insurers expect:

  • A clear diagnosis or working diagnosis from a doctor or psychiatrist.

  • Ongoing treatment, such as medication, counselling, or other therapy.

  • Detailed notes about how your symptoms affect your daily functioning

Signs You May Not Be Ready to Return to Work

Sudden, poorly planned returns to the office can increase burnout, emotional exhaustion, and even trauma responses for some workers.

You may not be ready to return if you:

  • Have panic attacks when you think about work, commute, meetings, or your supervisor.

  • Cry often, feel numb, or have no energy to get through basic tasks at home.

  • Cannot focus, remember instructions, or handle normal stress at work without breaking down.


Case Study: Leah in Mississauga, ON

Leah worked for years as a customer service supervisor in a busy Mississauga call centre. Before the pandemic, the noise and pressure were hard, but she managed. Once she began working from home, she noticed her anxiety dropped and her sleep improved because she could take quiet breaks and step away when calls became overwhelming.​

When her employer announced a mandatory return to the office three days a week, Leah started having panic attacks on Sunday nights. She could not sleep, cried on her commute, and often had to lock herself in the washroom to calm down between calls. At home, she could finish a full shift; in the office, she sometimes left early, shaking and exhausted.​

Her family doctor diagnosed an anxiety disorder and recommended time off work, but her long term disability claim was initially denied on the basis that she “had managed this job before” and there was “no objective change.” Leah contacted a disability law firm, who helped gather detailed reports from her doctor and therapist explaining how the return to the noisy office triggered severe symptoms that did not occur to the same degree at home. With that evidence and legal pressure, her insurer agreed to pay her long term disability benefits so she could focus on treatment instead of forcing herself back into an unsafe environment.​

When Return‑to‑Work Plans Make Your Symptoms Worse

Some employers offer “graduated” return to work plans, but even a few shifts a week can be too much if your symptoms are severe. You might notice that each step up in hours or duties triggers intense anxiety, insomnia, or physical symptoms like headaches and chest tightness.

Insurance companies sometimes use attempted returns to work as evidence that you can work, even when the attempt clearly failed and worsened your condition. This is why it is important to talk to your doctor and sometimes even a disability lawyer before agreeing to a plan that does not feel safe.

Talk to Your Doctor Before You Go Back

Before you return:

  • Book an appointment with your family doctor or psychiatrist.

  • Explain what your job requires and how your symptoms show up at work.

  • Ask whether they believe you are medically fit to return, and if not, to document that clearly.

A detailed medical note stating that you are not able to work, or that you need specific restrictions, can support both a medical leave and a long term disability claim.

How to Claim Long Term Disability for Anxiety or Depression

If you are covered by an employer or private long term disability plan and your mental health prevents you from working, you can apply for benefits. The process can feel overwhelming, especially when you are already unwell, but breaking it into steps can help.

You can learn more about LTD basics in our blogs on “what conditions qualify for long term disability” and “definition of long term disability.”

Step 1 – Review Your Long Term Disability Coverage

Start by finding out exactly what coverage you have:

  • Check your benefits booklet or HR portal for details about long term disability.

  • Look for how disability is defined, waiting periods, and any mental health limitations.

  • If you have a private policy, ask your insurance advisor for a copy.

If you are not sure how to read your policy, speaking with a disability lawyer to help understand the specifics, can be important before you make any big decisions.

Step 2 – Get Support from Your Doctor or Psychiatrist

Your doctor’s support is key in mental health disability claims.

Ask your doctor to:

  • Confirm your diagnosis or working diagnosis.

  • Describe your main symptoms (for example, panic attacks, severe low mood, brain fog, insomnia).

  • Explain how these symptoms make work unsafe or unrealistic (cannot focus on tasks, cannot interact with clients, cannot tolerate normal stress).

Insurers often deny mental health claims for “insufficient medical evidence,” so detailed clinic notes and letters can make a real difference.

Step 3 – Stop Working with Medical support

If your doctor agrees you should not be working, ask for a medical note recommending you stop work or remain off.

Whenever possible:

  • Go off work on medical leave rather than quitting outright.

  • Avoid signing a resignation or retirement package before getting legal advice.

  • Keep copies of all notes and emails from your employer and insurer.

Stopping work based on a clear medical recommendation supports your claim that you are disabled under your policy, rather than just unhappy at work.

Step 4 – Prepare for Pushback from the Insurance Company

Even strong mental health claims are sometimes denied or limited. Insurers may:

  • Ask for more records from your family doctor, psychiatrist, or psychologist.

  • Send you to an independent medical exam (IME) with their own doctor.

  • Suggest that you can do a different “easier” job even if you and your treatment team disagree.

If this happens, keep attending your own treatment and speak to a disability lawyer about the safest way to respond.

Why Mental Health Long Term Disability Claims Are Often Denied

Insurance companies are businesses, and they save money when they deny or end claims. Mental health claims are often targeted because there is no scan or blood test that “proves” your condition.

Common reasons mental health claims are denied include:

  • “Insufficient objective evidence” – the insurer wants tests that do not exist for most mental illnesses.

  • An insurer‑paid doctor says you can work, often after only a brief file review or short assessment.

  • Surveillance or social media is used to suggest you are more functional than your medical reports show, even if you only managed an occasional good day.

What to Do If Your Mental Health LTD Claim Is Denied

A denial is not the final word. Many people go on to receive settlements or reinstated benefits after a denial.

If your claim is denied or cut off:

  • Read the denial letter carefully and keep it in a safe place.

  • Do not give up and rush back to work out of fear.

  • Contact a disability law firm that regularly deals with anxiety and depression claims before you try to appeal on your own.

Appeals are often reviewed by the same insurer team that denied your claim, which can make success difficult without legal support.


Case Study: Mark from Tilsonburg,ON

Mark was an IT project manager for a national company based in Calgary. During the pandemic, he led projects remotely and found that working from home allowed him to manage his depression and PTSD from a past workplace trauma. He could attend virtual therapy on his lunch break and take short walks between meetings to ground himself.​

When his employer ordered everyone back to the downtown office full time, Mark’s symptoms escalated. The crowded elevators, constant drop‑ins at his desk, and long commute left him drained and hyper‑alert. He stopped sleeping, missed deadlines, and began having flashbacks during presentations. His psychiatrist advised a medical leave and supported his application for long term disability under the company’s group plan.​

The insurance company denied his claim, saying he could “easily perform the essential duties of his occupation in an office environment” and suggesting he was simply resisting change. Mark tried to appeal on his own but found the process confusing and felt blamed for being unwell. When he finally reached out to a disability law firm, they obtained more detailed psychiatric reports, highlighted how his symptoms specifically interfered with core job duties, and challenged the insurer’s reliance on a brief paper review. The case settled, and Mark received a lump sum for past benefits plus protection going forward, giving him the financial breathing room to continue treatment and consider whether any future work would be possible.​


Your Rights in Ontario When Mental Health and Work Collide

Ontario workers are entitled to safe workplaces that consider both physical and mental health. Guidance from the Canadian Centre for Occupational Health and Safety notes that employers must take reasonable steps to protect mental well‑being and manage psychological hazards like workload, pace, and return anxiety.

Medical Leave, Accommodation, and Long Term Disability

In practice, this often means:

  • Taking a medical leave when you are not fit for work, supported by your doctor.

  • Asking for reasonable changes (accommodations) if you can work with adjustments, such as reduced hours, quiet space, or remote days.

  • Applying for long term disability when you cannot perform the essential duties of your job, even with accommodation.

Employment rights and long term disability are connected but not the same. Your job may be protected for a period of time while you are off sick, but your LTD payments come from your insurer, not your employer.

When Your Employer Pushes You to Quit, Retire, or Accept a “New Role”

Some employers pressure unwell workers to:

  • Resign “voluntarily.”

  • Take early retirement.

  • Move into a different role that does not match their skills or health

These steps can hurt your long term disability rights and severance options if you later cannot work at all. Before signing anything, it is wise to speak with a disability and employment law firm about not returning to work.


Checklist: Am I Ready to Return, or Should I Claim Long Term Disability?

Use this simple checklist as a starting point. It does not replace medical or legal advice, but it can help you decide what questions to raise.

Question

Yes/No

Do you have frequent panic attacks or overwhelming sadness about work?

Are you unable to concentrate long enough to complete basic tasks?

Has your doctor expressed concern about you returning to work now?


Have you tried reducing hours or duties, and it still feels impossible?


Do you dread work so much it affects sleep, appetite, or self‑care?


Has your insurance company denied or threatened to cut off benefits?


If you answer “yes” to several of these questions, it may be time to talk to your doctor.


When to Contact a Lawyer About Your Mental Health and Returning to Work

You do not have to face this alone.

It may be time to reach out for legal help if:

  • You are being pressured back to work while your anxiety or depression feels out of control.

  • Your long term disability claim for mental health has been denied or terminated.

  • The insurer’s doctor says you can work, but your own treatment team disagrees.

  • Your employer is pushing you to resign, retire, or accept a new role you cannot handle.


Contact Share Lawyers today and let our experience work for you. Our 40 years of experience can help you win your case against Canada Life, Desjardins, Manulife, RBC Insurance, Sun Life, and other insurance companies. Our legal team offers a free consultation and works on a contingency basis—there are no fees unless you win your case.

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