By Eric A. Shore, Founding Attorney, Law Offices of Eric A. Shore
Yes. You can apply for Social Security Disability while you are out of work on FMLA leave.
You do not have to wait for your FMLA leave to end. You also do not have to wait for your employer to fire you. Being on FMLA does not prevent you from applying for Social Security Disability Insurance, known as SSDI, or Supplemental Security Income, known as SSI.
FMLA and Social Security Disability deal with different questions. FMLA may protect your job while you take medical leave. Social Security looks at whether your medical condition has kept you, or is expected to keep you, from working for at least 12 months.
Many people begin FMLA leave expecting to return to work within a few weeks. Then their condition does not improve. Treatment takes longer than expected, surgery is delayed, or their doctor decides that returning to work is not realistic.
If your doctor believes your condition may keep you from working for at least 12 months, you can apply for SSDI or SSI while your FMLA leave is still active. You do not have to already be out of work for a full year before applying.
You may also be receiving sick pay, paid time off, vacation pay, or short term disability benefits while on FMLA. Receiving those payments does not necessarily mean you are still working or prevent you from filing for Social Security Disability.
FMLA approval does not automatically mean Social Security will approve your claim. A medical condition may be serious enough to keep you out of your current job for several weeks but still be expected to improve before reaching Social Security’s 12 month requirement.
The biggest mistake is assuming you must wait until FMLA runs out. You do not. If your doctor expects you to return to work soon, filing for Social Security Disability may not make sense yet. If your doctor believes you will be unable to work for at least 12 months, you should consider applying before your FMLA leave ends.
I’m Eric Shore. I have helped people with Social Security Disability claims since 1994, and I administer the Social Security Disability Tips Facebook group, which has over 40,000 members. I regularly hear from people who waited because they believed being on FMLA meant they were not allowed to file.
They were allowed to file.
The Law Offices of Eric A. Shore handles SSDI and SSI claims throughout the United States. Call 1-800-CANT-WORK or contact us online.
