Cicero, NY asked in Social Security for New York

Q: I have a bad back and doctor says I should be able to work, but can't find work because of it. Can I still get SSI?

Just curious if I have a case for SSI since the doctor says I should be able to work, but I can't find a job because my history of back problems.

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2 Lawyer Answers

Robert Martin Louque Jr

Answered
  • Social Security Disability Lawyer
  • New Orleans, LA

A: Social Security Disability is not about whether you are able to find a job. It is about whether you can perform the duties of any job. If your own doctor says you can work, you will have a hard time winning a disability case before the Social Security Administration.

Peter N. Munsing

PREMIUM
Answered

A: Your doctor may not have been asked the right question.If Social Security sent him a letter and he said you can work but with restrictions, that's one thing. The propblem is, as Mr. Louque suggests, is that the Social Security doesn't look at whether you will be hired. It's whether given what you say you have there is work for someone with your limitations. BUT what you say you have has to be supported by a doctor. Your doctor wasn't asked if you can do the job week in, week out.

Probably just asked can he sit for 3-4 hours, stand for 3-4, do light work?

Another way is to go to your state's vocational rehabilitation office and see if they can find you work. If they can't you are halfway there.

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