Are You Too Sick To Work but Not Sick Enough for Disability Benefits? Find Out What You Can Do

Request Sick Leave Are You Too Sick To Work but Not Sick Enough for Disability Benefits? Find Out What You Can Do

Too Sick To Work but Not Sick Enough for Disability Leave? Here’s What To Do

Many employers provide paid sick leave or sabbaticals to their employees if they need to take a lot of time off due to an illness (e.g., COVID-19). If your illness is debilitating to the point that you cannot work at all, you might qualify for disability assistance.

What if you are too sick to work but not sick enough for disability benefits? DoNotPay's comprehensive guide will walk you through everything you need to know to tackle this situation.

When Do You Qualify for Disability?

Disability assistance is usually provided to people who cannot work for one year or more due to their condition. To qualify for disability assistance, you must meet the following requirements:

  1. Demonstrate that you have worked in jobs that were covered by Social Security
  2. Suffer from a condition that falls under the definition of disability
  3. Show proof that you cannot work on a regular or sustained basis

Which Jobs Are Covered by Social Security?

Most employers in the U.S. are covered by Social Security because they either pay the monthly premium automatically through payroll or as self-employment taxes. The following groups are not covered by Social Security:

  • State, municipal, or county employees who have state-funded pension plans
  • Railroad employees
  • Government employees who were hired before 1984
  • Foreign employees who work in the U.S. as representatives of their home governments

The Definition of Disability

To qualify as disabled, applicants must be suffering from cancer or a:

  • Musculoskeletal system problem
  • Mental disorder
  • Cardiovascular or circulatory disorder
  • Nervous system and sensory organ disease

Examples of these conditions include:

Musculoskeletal System Disorder Mental Disorder Cardiovascular or Circulatory Disorder Nervous System and Sensory Organ Disease
  • Arthritis
  • Fibromyalgia
  • PTSD
  • Schizophrenia
  • Autism
  • Depression
  • Hypertension
  • Angina
  • Epilepsy
  • Parkinson’s disease

The Definition of Regular or Sustained Work

Workers who can work on a regular or sustained basis are those who can work full-time jobs for 40 hours, five days a week, or the equivalent in shift-based work. Part-time workers can also qualify for disability if they can show proof that they earned a substantial amount—at least $1,310 per month.

What if I Don’t Meet the Work Requirements To Qualify for Disability?

If you do not have past work experience that qualifies you for disability, you can take a Residual Functional Capacity Assessment (RFC). The RFC will determine if you have the physical ability to perform jobs that require you to sit down for at least eight hours a day with less than two hours of movement or the mental abilities needed to complete tasks at work.

If the RFC shows that you are physically or mentally incapable of performing a job under these conditions, you may qualify for disability assistance.

What Can I Do if I’m Too Sick To Work but Not Sick Enough for Disability?

If you’re too sick to work or require long periods of rest—but you’re not sick enough to get disability benefits—you can try one of the following:

  • Look for a remote opportunity that allows you to work from home
  • Work a part-time job that offers flexible hours
  • Apply for sick leave or use your annual leave until you feel well enough to work again

How To Apply for Sick Leave With DoNotPay

Many employers accept call-ins, while others expect emails from their employees before they grant sick leave. If you’re unsure about how to go about applying for sick leave, you can use DoNotPay! To do so:

  1. Log in to DoNotPay and find the Request Sick Leave product
  2. Provide some information about yourself and your employer
  3. Sign electronically and hit Submit

We will draft a request letter that complies with all relevant laws in your state, which you can email directly from the app!

You can also check out the following table to read about the laws in different states, including:

Nevada Washington Georgia
New York New Jersey Maryland
Washington D.C. Arizona Colorado
Ohio Maine Virginia
California Texas Vermont
Rhode Island Connecticut North Carolina
Michigan Massachusetts Florida
Oregon Pennsylvania

Your Employer Refused Your Request? Sue Them With DoNotPay!

If your employer is forcing you to work sick or threatening to fire you, you can sue them in small claims court with DoNotPay! We can help you:

  • Draft the demand letter
  • File the lawsuit
  • Gather and fill out all necessary paperwork
  • Create a script you can use in court

Let DoNotPay Help You With Various Tasks

The assistance we can provide doesn’t stop here! Check out the table below for more details on our services:

Improving Your Security Making Your Everyday Life Easier Creating Customized Paperwork

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