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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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I was injured at work, but did not claim workmans comp becuase

Customer Question

I was injured at work, but did not claim workmans comp becuase my injuries were over time and not at 1 specific instance. I have been on short term disability for 12 months which has expired. I had a fusion L5, S1 but my back still hurts, the other problem is my feet and the doctors havnt figured it out yet. I applied for SSI but was denied and my only recourse is to go back to work yet i know i'm not fit for the work i do. Can i or should i appeal my SSI case, or do i even have a case? My funds are depleted and i have to return to work but my feeling is "ya it's gonna hurt, and i'm going to make my condition worse." Should i just give up and seek a desk job? idk....
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to answer your question.

In order to be eligible to receive SSI, you would typically need to demonstrate that you have severe functional limitation that prevents you from engaging in ANY substantial gainful activity. The test is not whether you are able to perform your previous position, but whether you can perform the duties of any position, even one where the pay is less. For more information regarding SSI eligibility, visit this link:

Unless you can demonstrate that you disability satisfies the above criteria or that you fit into any of the other limited categories of persons eligible for SSI as outlined in the above link, an appeal would likely not prove to be productive.

Please bear in mind that the above does not constitute legal advice and no attorney client relationship is formed between us. If my answer has been helpful, please be kind enough to click "accept" so that I get paid for my time. Thanks so much and good luck. 

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