I am still on sick leave. Do I have to wait to file for disability?

Frequently Asked Questions

Q: I am still on sick leave from my employer. Can I file for Social Security disability now or do I have to wait until the sick leave is exhausted?

Answering your question.

Yes, you can apply for Social Security Disability (SSDI) now — even if you’re still on sick leave from your job. You do not have to wait until your sick leave is used up. Let’s walk through why that is and how it works, in a simple, clear way.

You Can Apply for SSDI While on Sick Leave

Social Security doesn’t require you to stop getting sick pay before applying. What matters most is this:

• Are you medically unable to work full-time for at least 12 months?

If the answer is yes, you can go ahead and apply now.

Why Should You Apply Now?

It takes months for Social Security to process disability applications — sometimes 6 months or more. If you wait until your sick leave ends, you may face a long gap with no income while you wait for a decision.

Applying early helps make sure you:

• Get your decision sooner
• Start your payments sooner if approved
• May receive back pay (Social Security will pay you retroactively if you qualify)
  
  

What If I’m Getting Sick Pay, Vacation Pay, or FMLA?

Type of Benefit	Can You Apply for SSDI?	Does It Affect SSDI?
Sick leave (full or part pay)	Yes	Doesn’t stop you from applying
Vacation pay	Yes	Doesn’t count against you
FMLA (Family Medical Leave Act)	Yes	You can still apply while on leave

Just remember: to qualify for SSDI, you must prove that you can’t do any full-time work — not just that you’re off for a few weeks or months.

What Social Security Looks For

To approve your disability claim, Social Security must find that:

• You have a serious medical condition (physical or mental)That condition stops you from doing your job or any other full-time work
• The condition has lasted — or is expected to last — at least 12 months, or it may lead to death
• Even if you’re still on your employer’s sick leave, you can apply as long as your condition is long-term or permanent.

Simple Summary

Question	Answer
Do I have to wait for my sick leave to run out?	No, you can apply now
Will sick pay stop me from being approved?	No, not by itself
When should I apply for SSDI?	As soon as you know you’ll be out 12+ months

Tip: Get Medical Proof

Even if you’re still on sick leave, make sure your doctor supports your claim and can give records or a statement showing:

• Your diagnosis
• How it limits your ability to work
• That it’s expected to last 12 months or more