I will be 64 this August. The last five years I have been working under FMLA in case I call in. This was required by my employer. I have activity restrictions now and I am required to find a desk job but I am not successful. Can I file disability social security if I don’t find a position? My doctor will not sign any disability paperwork from my employer.

Hi. Yes, you could certainly apply for Social Security disability (SSDI) benefits. I have no way of knowing if you'd qualify, though. You can't qualify for SSDI by getting your doctor to sign a statement. When people apply for SSDI, Social Security makes their own determination of whether or not they meet the requirements for benefits. In some cases there are enough medical records available to establish that the person meets the SSDI guidelines, but in many cases a consultative examination with a doctor paid by Social Security is required.

If and when you apply for SSDI, Social Security would first need to establish that you're insured for benefits. Usually, that requires having worked and paid into Social Security for the equivalent of at least 5 years during the 10 year period leading up to when you became disabled. Fewer earnings are required for a person who becomes disabled at an early age. Next, Social Security would need to confirm that you aren't working and earning too much to qualify. The current monthly guideline is $1310, or $2190 for people who are blind. If a person is earning more than those amounts then their claim would likely be disallowed regardless of their medical condition. And finally, if a person is insured for benefits and isn't working and earning too much, Social Security would then need to determine if they meet the medical requirements to be considered disabled.

They basic rule is that a person must be unable to do any type of substantial gainful (SGA) work due to a medical impairment(s), and their condition must be expected to keep them from doing SGA for at least 12 months or end in death before 12 months have passed.

Best, Jerry