It seems to be a common belief that a person has to quit their job or be officially terminated before they can apply for Social Security disability benefits.
That’s simply not true.
Social Security doesn’t require you to be unemployed before you apply.
Instead, they look to see if you are performing work for pay.
What is Work For Pay?
Many people are still technically employed by their company, but are not working because they are on either paid or unpaid medical leave such as:
- Short-term disability
- Long-term disability
- Paid sick leave
- Unpaid medical leave
- Family and Medical Leave Act (FMLA) leave
For example, John has been out of work for three months because of a serious medical condition and is receiving short-term disability benefits. John may still be an employee of his company, but for the last three months, he has not been performing work for pay.
In this situation, John may be able to apply for Social Security disability benefits.
The fact that John’s employer still considers him an employee does not prevent him from filing a disability claim.
The 12-Month Rule
To qualify for Social Security disability benefits, your medical condition must be expected to:
- Prevent you from performing work for at least 12 consecutive months, or
- Result in your death
That does not mean that you have to wait 12 months before filing your application for disability benefits.
If your doctor expects you to be unable to perform work for at least 12 consecutive months, you should consider applying as soon as possible.
Don’t Wait To Apply Just Because You’re Still Technically Employed
Many employers keep employees on the payroll while they’re receiving short-term disability, long-term disability, or another type of medical leave.
That’s perfectly normal and doesn’t affect your claim to disability benefits, because being employed is not the same as performing work for pay.
If you’re no longer able to perform your job because of your medical condition (meaning that you can no longer perform work for pay), you may be eligible to apply for Social Security disability benefits even though your employment has not officially ended.
Why Filing Early Can Help
Social Security disability claims often take many months to process. Waiting until your short-term disability, long-term disability, or medical leave ends can unnecessarily delay your claim.
If your doctor believes that your medical condition will prevent you from performing work for at least 12 consecutive months, it often makes sense to begin the disability application process sooner rather than later.
The Bottom Line
If you’re still employed but you’re not performing work for pay because you’re on paid or unpaid medical leave, you may be able to apply for Social Security disability benefits now.
The important question isn’t whether you’re still employed.
The important question is whether you’re actually performing work for pay and whether your medical condition is expected to prevent you from doing so for at least 12 consecutive months.
If your ability to work has been affected by injury or illness, contact Disability Advocates. We can show you your options and help you through the process of filing for disability benefits.