Company doctor says I can't work. Can I get WIA?

Questioner

Dear, I am 56, I am at the beginning of my 2nd year of illness. Last year during reintegration I had an anxiety/panic attack. Too much pressure that I was no longer welcome. Then an untreated psychosis (was home alone) of 2 weeks. Then I tried to work again but after about 2 months of modified work with problems with memory/concentration I dropped out again. AML from company doctor says mental problems so I can't work. I want to but I just can't. I suffer a lot from thoughts/concentration/memory/insomnia/restlessness/depressed/bad hearing etc. I have just started a mental health care program. I'm afraid of eviction. I have another child at school. What is the best thing to do? I am desperate

Lawyer

Dear, You can only apply for WIA if your medical report gives reason to do so and if you have 'completed treatment' with a final result of your psyche and your ability in the labour market. Until then, you are entitled to WW if you have been dismissed. For eviction it is important whether you have various complaints about the occupancy of your home. As long as this is not the case, you will not simply be evicted, unless you have significant rent arrears or you are a danger to yourself and others. As for your child, I would like to advise you to keep your situation under control and/or to get it with the help of the GGZ. If you fail to do so, you run the risk of having to deal with child protection or youth care. If it is the case that you 'neglect' your child, there is a chance that intervention will take place and your child will be evicted. As an advisor, it is very important that you make proper arrangements with the mental health service regarding your situation.

Lawyer

WIA -> you can claim WIA if you: 1. are more than 35% incapacitated for work; 2. you have been ill for more than 104 weeks. This is not yet the case with you. The employer must continue to pay wages. When the company doctor says that you can't do your own work -> fine. The employer must then see if there is other, suitable work? If not, you may stay home and recover. Why would you be evicted? The employer must pay wages. There must be good reasons for eviction. Rent arrears can be a reason for this. However, you say nothing about that. GGZ -> it is good that you are being treated there. Discuss your fears with your psychologist. If you need more advice -> go to a specialized lawyer. Some offices have all the specialisms you need in-house. Often the first consultation is free, like in my office.