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Applying for Disability While Receiving FMLA

Many individuals who are temporarily unable to work due to medical reasons might find themselves using the Family and Medical Leave Act (FMLA) to protect their job while they recover. However, if the condition worsens or is expected to last longer, applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) may become necessary. Here are some common questions and answers about applying for disability benefits while on FMLA leave.

What is FMLA?

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Can I apply for SSDI or SSI while on FMLA?

Yes, you can apply for SSDI or SSI while you are on FMLA leave. Being on FMLA does not affect your eligibility to apply for these programs. You can typically be eligible for both FMLA and disability benefits simultaneously, provided that your medical condition renders you unable to perform your work duties.

What are the eligibility requirements for SSDI and SSI?

SSDI requires that you have accumulated enough work credits and have a medical condition that meets the Social Security Administration’s definition of disability, which is a condition that significantly limits your ability to perform basic work activities and is expected to last at least 12 months or result in death.

SSI is based on financial need and is available to low-income individuals who are either aged 65 and older, blind, or disabled. For SSI, it does not matter how many work credits you have, but your income and resources must be below certain limits.

Does being on FMLA affect my disability application?

Being on FMLA does not inherently affect your disability application. However, it’s essential to note that FMLA leave is temporary (up to 12 weeks), and SSDI and SSI are intended for long-term or permanent conditions. When applying for SSDI or SSI, you will need to demonstrate that your condition is severe enough to qualify as a disability under SSA standards, regardless of being on FMLA.

How can I apply for disability benefits?

You can apply for SSDI or SSI:

  • Online: You can apply for SSDI online through the SSA website.
  • In-Person: You can apply for either SSDI or SSI by visiting your local Social Security office, though you might need an appointment.
  • By Phone: You can also start your application by calling the SSA’s national customer service line.
  • With Representation: You can contact an experienced attorney to help you file an accurate and complete application

What should I prepare when applying for SSDI or SSI?

Prepare to provide comprehensive documentation, including:

  • Medical records documenting your condition.
  • A detailed work history.
  • Information about your income and resources.
  • Personal identification and proof of citizenship or legal residency.

Conclusion

You can absolutely apply for SSDI or SSI while you are receiving FMLA. It is important to consider that FMLA provides temporary relief for employees under medical distress, while SSDI and SSI are focused on long-term financial assistance for individuals with disabilities. If you believe your medical condition will extend beyond the FMLA period and significantly impact your ability to work, applying for disability benefits might be the appropriate next step. An experienced attorney can help you apply for disability benefits while you are collecting FMLA.