Legal Question in Disability Law in Louisiana
Turn down
I had back surgery 20yrs ago , L5 was removed, I was 29yrs old at the time. I was told no lifting,etc...At the age 45 I got a job, worked for a year having problems and quit. Then I started back trying something different but had fallen on my back and re-injured my back. I am having more problems now. I applied for disability and was turned down and their reason was that, they said since I had worked after the surgery, that I can work. I need a lawyer or some advice. I am 51yrs old now and i cannot work, no way.Please I need advice and a lawyer. help me
1 Answer from Attorneys
Re: Turn down
Under the U.S. Americans with Disabilities Act, an employer must make reasonable accommodation for a person with a disability who is otherwise qualified to perform his work. In your case, you indicate that because of your back injury, you are unable to do the work the employer wants you to do. It sounds like this will fall outside the scope of an ADA claim, but you could find a disability lawyer who specializes in these cases for a more definitive answer.
In the meantime, if your back is preventing you from working, do you have a medical doctor who will put that in writing for you? If so, then the same disability lawyer can explain to you how to apply for social security disability benefits. The benefits are not as much as you were making in your job, but they provide enough income for you to survive without having to work.
Ask the lawyer about Social Security Disability Income payments.
Mike Guth
http://riskmgmt.biz
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