Legal Question in Disability Law in Virginia
Can a person apply for disability benefits while still working (or trying to work)? This person is a widow in her 50's & has been fighting fibro myalgia for several years. She works in constant pain because she feels she has to in order to survive. The medication she is on helps but does not take the pain away. She really needs to be on disability but thinks she has to quit work to apply??? Can you make any suggestions. I would greatly appreciate your input. Many thanks.
1 Answer from Attorneys
Yes, as far as I am aware, a person still employed can apply for such benefits,
but her applicaion, of course, needs to be supported by appropriate and credible
medical authority that her physical condition and work situation are sufficiently dire that she cannot reasonably be expected to continue and, consequently, should be permitted to retire on SSDI benefits.
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