How to get Temporary Disability?

How to get Temporary Disability?

By Hogan Smith

Updated 02/28/2025


If you are temporarily unable to work due to an illness, injury, or medical condition, you may be eligible for temporary disability benefits. These benefits are designed to help you while you recover and are unable to perform your job duties. Here’s a step-by-step guide on how to get temporary disability benefits and the process involved.

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Step 1: Understand Temporary Disability Benefits

Temporary disability benefits are typically provided through state programs, employer-provided insurance, or through Social Security Disability Insurance (SSDI, if the disability is severe enough. These benefits are designed to provide financial support for a limited period of time, often until you are able to return to work or your condition stabilizes.


  • State Disability Programs: Some states offer temporary disability insurance (TDI) that provides income replacement if you are temporarily unable to work due to a non-work-related injury or illness. States like California, New Jersey, and New York offer these benefits.
  • Employer-Provided Disability Insurance: If your employer offers short-term disability insurance, this coverage may help you receive income while you recover. Your eligibility and the amount of coverage will depend on your employer’s policy.
  • Social Security Disability Insurance (SSDI): SSDI provides long-term disability benefits, but there may be cases where temporary benefits are granted, especially if your recovery time is extended.


Step 2: Confirm Your Eligibility

To qualify for temporary disability benefits, you must meet specific criteria depending on the program you're applying for:


  • State Disability Programs: Each state has its own requirements for eligibility, but generally, you must have:
  • A medically-certified disability that prevents you from working.
  • A minimum period of employment (in some states).
  • Sufficient work credits or income during a base period.
  • Employer-Provided Insurance: Your employer's short-term disability insurance may have a waiting period, such as 7 days, before you can start receiving benefits. Check with your HR department for eligibility details.
  • Social Security Disability: SSDI is not typically used for temporary disabilities, but you can apply if your disability will last for 12 months or more, or if it’s expected to result in death.


Step 3: Gather Required Documentation

To apply for temporary disability, you will need to provide documentation that verifies your condition and inability to work. Common documents include:


  • Medical Records: A note from your doctor confirming your diagnosis, treatment plan, and how the condition prevents you from working.
  • Treatment History: Information about any treatments you’ve received or are undergoing to recover.
  • Proof of Employment: Pay stubs or tax records to verify your employment and income.


Step 4: Apply for Temporary Disability Benefits

Once you’ve confirmed your eligibility and gathered your documents, it’s time to apply. Depending on the type of temporary disability benefits you’re seeking, the application process can vary:


  • State Disability Programs: Apply through your state’s disability benefits office. Many states have an online portal where you can submit your application, such as the California Employment Development Department (EDD), New Jersey’s Division of Temporary Disability Insurance, or New York’s Disability Benefits Law.
  • Employer-Provided Insurance: If you have short-term disability insurance through your employer, contact your HR department or the insurance provider to begin the claims process. They will inform you of any forms or documentation you need to submit.
  • Social Security Disability Insurance: For SSDI, the application process can be completed online through the Social Security Administration’s website at www.ssa.gov. While SSDI benefits are typically for long-term disabilities, you can inquire if you qualify for temporary benefits if your situation is expected to improve.


Step 5: Wait for the Decision

After applying, you will need to wait for a decision. The processing time can vary based on the type of benefit you're applying for:


  • State Disability Programs: In most cases, states will notify you of their decision within a few weeks, though it may take longer depending on the state.
  • Employer-Provided Insurance: Your employer’s insurance provider may take a few weeks to process your claim and approve temporary disability benefits.
  • Social Security Disability Insurance: SSDI claims can take several months for approval, and many claims are denied initially. If you are seeking SSDI benefits for a long-term disability that starts as temporary, you may want to be prepared for an appeals process.


Step 6: Appeal if Your Claim Is Denied

If your claim for temporary disability is denied, you have the right to appeal the decision:


  • Request Reconsideration: In most cases, you can request a reconsideration, where your case will be reviewed by a different examiner.
  • File an Appeal: If the reconsideration is denied, you can file an appeal and ask for a hearing with an Administrative Law Judge (ALJ).

How Hogan Smith Can Help

Applying for temporary disability benefits can be complicated, and having the right guidance can increase your chances of success. Here’s how Hogan Smith can assist:


  • Clarifying Eligibility: We can help you determine which disability program—state, employer-provided, or Social Security—is the best option for your situation.
  • Application Assistance: We can help you gather the necessary documentation, complete your application, and ensure it is accurate and thorough.
  • Appeal Support: If your temporary disability claim is denied, we can guide you through the appeals process to increase your chances of approval.
  • Legal Representation: If necessary, we can represent you in hearings or negotiations with your employer’s insurer, ensuring your rights are protected.

Contact Hogan Smith Today

If you need help filing for temporary disability or if you have questions about your eligibility, Hogan Smith is here to assist you. Contact us today for a free consultation, and let us ensure you are on the right path to receiving the temporary disability benefits you deserve.


Further Reading

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Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

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