Can You Apply for Disability While on FMLA?

Key takeaways

• FMLA protects your job temporarily, whereas disability benefits provide financial support when long-term work is not possible because of your condition.

• You can apply for Social Security disability while on FMLA, but taking FMLA may impact your claim.

• FMLA often does not provide income on its own (with some exceptions), and if you pursue a different income stream while applying for disability, it may affect your claim.

• Strong medical documentation from your doctor showing how your condition affects your ability to work is a must if you're transitioning from FMLA to a disability claim.

Yes, you can apply for Social Security disability while on FMLA. But you should know that taking FMLA may impact whether you are approved for benefits.

If you’re applying for disability benefits, you’ve probably heard that it’s a long process. To hedge your bets — protecting your job in case you need it later — you might be thinking about taking leave under the Family Medical and Leave Act (FMLA).

This act lets you take job-protected leave for specific medical reasons. In other words, your company can’t fire you while you’re away. If you’re eligible for disability, you’re probably eligible for FMLA. As a result, it might seem like a no-brainer to take FMLA leave, safeguarding your job while you figure out your disability benefits.

Can you get FMLA and disability at the same time?

We’d love to give you a yes or no. But in reality, the answer is maybe.

The whole purpose of FMLA is to protect your job. So by taking it, you’re indicating to the Social Security Administration (SSA) that you might return to work. If you take FMLA, it will probably show on your disability application. For some people who are getting paid while on FMLA, it can be hard for an examiner to tell if you are on leave or working, so you will need to provide specific documentation.

Disability benefits are exclusively for people who are unable to work due to their condition. It’s pretty similar to the questions you’ll run into if you try to get unemployment and disability at the same time. 

You should speak to a lawyer about your specific situation.

How FMLA affects your disability claim

If you’re committed to taking leave under the FMLA and you know you’ll need disability after, it’s time to start building a relationship with a doctor.

The SSA needs medical evidence that your condition keeps you from working; they won’t just take your word for it. Some of your best allies here are your doctors. See your primary care physician and any necessary specialists. Talk with them about what you’re feeling and make sure it gets into their file on you.

Don’t wait on these appointments, either. A strong disability case will show at least a few months of doctor’s appointments and treatments. The more medical records you have speaking to your condition, the more evidence you can show the SSA to convince them you should get disability benefits.

Pro tip: Ask your doctor for a medical source statement (MSS). In this statement, your doctor should confirm that your condition will keep you out of work for at least a year (the medical requirement to get benefits). This statement can be especially helpful if you’re under 50 or trying to get disability for a mental health condition because the SSA is stricter in both of those instances.

Beyond that, to boost your chances of getting disability while on FMLA leave, make sure you fill out the application well. This single step can make or break your case.

Can you get government assistance while on FMLA?

Maybe you were planning to lean on FMLA leave for income and this article has put you off it. You still have bills to pay and groceries to buy, though. Fortunately, there are resources that can help you keep yourself fed and housed while you apply for disability.

Unfortunately, as far as an income stream goes, your options are fairly limited. If you get even a side hustle job going, it shows the SSA that you can work, hurting your disability case. If you get workers’ comp or unemployment, you should definitely talk to a lawyer about how it might impact your case. 

In the meantime, tap into resources to help keep your bills paid and work with a disability lawyer to get your case moving forward as quickly as possible.

When you can take FMLA and get disability benefits

All of that said, you can technically take FMLA and get disability. To do so, though, you need to be in a position where you can prove that your condition is severe and will keep you from working.

The good news is that the conditions that would qualify you for disability will generally entitle you to FMLA, too.

The bad news is that you’ll need to be careful with your timing. Talk to a disability lawyer about the best way to do this. 

Where to get help with a disability application

Filling out the application properly — and adding as much relevant, supporting evidence as you can — matters for any person who wants disability. But if you’re applying for disability while you’re taking FMLA leave, it’s extra important for you to do this right.

You’re not on your own here. A lawyer who specializes in disability can guide you through the process. Not only can they help you actually fill out the application, but they can also collect additional pieces that can give you the best chance of success, like a function report and a work history report. In fact, people who work with a lawyer are three times more likely to win their disability case.

You should know that not every lawyer will take your case. Some specifically turn down disability applications when the person is on FMLA.

But don’t worry. We can help here. Take our 2-minute disability benefits quiz to double-check that you qualify for disability. From there, we connect you with an experienced disability lawyer who’s willing to work with someone on FMLA. The best part? You don’t pay until you win.

The bottom line

FMLA and disability benefits serve different purposes. FMLA protects your job temporarily when you cannot work, but it generally does not provide income, whereas disability benefits provide financial support when a condition makes long-term work impossible. You can apply for Social Security disability while on FMLA, but taking FMLA may impact your case. If you pursue a side hustle or another solution for making money while on FMLA, your disability claim could be denied.