Legal Question in Social Security Law in Virginia

Hello, my name is Hugh J. Main. I have recently applied for social security disability coverage due to chronic back pain. I am a male, 51 years old. I\'ve had 2 major back surgeries in the past 6 weeks. I still have problems and the doctors have done all they can. At the same time, the doctor has released me to \"try\" and go back to work in 2 weeks. I am an auto mechanic, (for 30+ years) and it is a very physical job. My employer, myself, and surely my doctor knows that returning to this type of situation will not be good. I am wondering, should I even try to go back until I hear back from the SS disability? Will that ruin my case?

Asked on 7/31/09, 9:13 am

1 Answer from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

You can try to go back to work. It will only hurt your case if you are able to do it for a considerable length of time. You are only 51 years old. Even though you cannot work as an auto mechanic, you will still have to show Social Security that you cannot do less demanding work such as toll booth collector, ID clerk, security monitor watcher, security guard, etc. Also, it appears your doctor thinks you can still do some form of work. At your age your doctors would have to agree to rule out all kinds of work.

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Answered on 8/06/09, 9:27 am

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