Visitor Question

Am I still eligible for a disability claim?

Submitted By: Nick (Stockton, CA)

I injured my back while I was employed in 2010.

I’d never hurt my back before so I took vacation to rest up and hope that it would heal. I had an x-ray done and they didn’t see any issues, but I couldn’t afford the MRI which would have been more detailed.

I’ve been working with this injury ever since, and it has severely restricted my mobility and limits my ability to do the work that I’m experienced in.

My facility closed in 2013 and I’ve been actively looking for work in my area of expertise, but I haven’t had any luck finding a job that I feel I can do without injuring myself further.

At this point I don’t know what to do and need to know if I can still apply for disability insurance with the way that I handled the injury.

I haven’t seen a doctor about my back since 2010 and I never filed a claim at work, because I always thought the problem would just go away, but it never did. I plan on talking with a doctor and hopefully getting an MRI to see if there is real damage, but I’m concerned that things don’t look good for me.

Is there any information that you can give me about whether or not I am eligible for a disability claim? Any info is greatly appreciated. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Nick,

You may be eligible for a Social Security Disability Claim. To succeed in such a claim will require substantial medical proof of your disability and its percentage. This proof will have to come from a doctor who can submit a medical narrative on your behalf characterizing the nature of your disability and its percentage.

With that information in hand, contact the Social Security Administration. You can find helpful information about filing a disability claim by going to the SSA Disability page. Unfortunately, from the time you file your claim it can take up to two (2) years or more for the Social Security Administration to make a decision.

In many cases, disability requests are summarily denied on the first attempt. If your claim is denied, you can appeal it. Doing so will result in an extended waiting period for a decision.

If you are convinced you are disabled you can also contact an experienced attorney who deals with Social Security disability claims. Fortunately, these attorneys can not charge any fee to a client, until and unless the attorney succeeds in their client’s claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 10, 2014

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