Quote:
Originally Posted by LIT LOVE
Wheeler, if you hire an attorney on your own, they have an incentive to stall the process since they are only paid out of backpay, whereas your LTD company can pay the representative directly, thus eliminating the incentive to stall. So, if you are going to get the service free via LTD, I'd recommend you accept the help. Otherwise, I'd recommend you start the process on your own. (Most attorneys won't even speak to you this early in the process, anyway.)
At 60, and with documentation of severe dementia, it is unlikely he'll have a lengthy or difficult time receiving a Fully Favorable decision. He may not see an increase in monetary benefits due to offset, but receiving Medicare is significant. (You should start researching supplement plans as well.)
|
What you describe about hiring an attorney is precisely what happened to me. I started with someone recommended by Voc Rehab and the TBI rehab program I was in. He did NOTHING and failed to pass on to SSA what they needed.
By the time I got the second denial (and by the way, he said I was not to contact SSA directly once I hired him), I was beyond the point of providing those records to SSA.
So I fired him and hired an attorney. Oh she took the prize. Did nothing other than advise SSA she was then representing me. I called my local SSA office in tears. By this point I was at the hearing level and with my only source of means (401k) nearly depleted. A month away from having nothing to live on and no means to get meds let alone medical care.
My local SSA office referred me to my congressman. At that point, less than three weeks after I took that step, I had a favorable disability determination WITHOUT having to go to a hearing.
I would quantify this though, I have along the way encountered people who had much better experiences than I.
My SO has a pending disability claim. I helped him get it started. He wanted to jump in feet first and hire a rep. Instead, he filed first online on his own. I did the Adult Function Questionaire - Third party. Detailed at that and to this day he has no idea what I wrote on it.
He's already been to the two appointments SSA scheduled for him. Now we wait for a decision. This is under three months thus far.
We decided it was best he initially apply without an attorney. However, should he be denied, probably at that point he will need one. The VA is not very good about releasing records, and that is where his records are.
All that being said, everyone's situation is different. As for myself, I had not a clue about how to file for disability, was going through a LOT of new medical issues and really needed someone who knew the process.