Legal Question in Social Security Law in California

disability denial

I was in 2 car accidents in 1988. I suffered a fractured neck, fractured collar and head injury, I had to have a spinal transplant w/ wire fusion @ level (C 6-7.) I have applied for disability several times on my own and it is always denied, My claim is denied because they state that I am still young and am able to perform light clerical duties. I was recently diagnosed with arthritis in my neck and lower back. My pain is getting worse as I get older and I have a hard time just getting out of bed in the mornings. What is the criteria for disability. What would make me eligible.


Asked on 1/13/06, 12:02 am

1 Answer from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: disability denial

Hello.

The often times near impossible burden to meet with a Social Security disability claim is exactly as follows:

You are precluded/incapable from engaging in ANY meaningful or gainful employment for a continious period of 12 or more months.

If you do not have competent medical personnel at the time of your aplication who definitively state under clear and convincing language that you cannot work IN ANY CAPACITY then you are destined to lose your disability claim.

I have been working on Social Security claims for nearly 20 years and I find that most times, the deserving persons cannot get the benefits because they really are not truly disabled under the guidelines. This is despite significant disabilities.

You probably should root around in the Soc Sec website and get some seat time studying the rules and criteria. www.ssa.gov is the website.

Good luck.

Mark Geyer

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Answered on 1/13/06, 2:27 pm


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