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Old 07-06-2014, 08:12 PM
Skyking Skyking is offline
Junior Member
 
Join Date: Jul 2014
Posts: 22
8 yr Member
Skyking Skyking is offline
Junior Member
 
Join Date: Jul 2014
Posts: 22
8 yr Member
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Quote:
Originally Posted by Hopeless View Post
Dear SkyKing,

Did this (the third) attorney represent you in Federal Court where you were remanded back to your final ALJ hearing?

The $6000 cap will carry a claimant from initial application, through a first ALJ hearing. After that, the cap is gone if I remember correctly.

Also, am I understanding correctly that you had a fee agreement signed by you and approved by SSA with THIS attorney number 3 that specified the $6000 limit?

From what point did #3 take your case?

Fee agreements beyond the initial ALJ hearing are usually very different than the standard fee agreement.

If this attorney represented you in Federal court, I am sorry to tell you that he could very likely be awarded more than the $6000 cap even if you feel it unjustified. It is not a matter of just who obtained your records. His justification would be his representation before a Federal judge. Obtaining your medical records is something that is often done by SSA at the time of your original application and not a means of justifying an excess fee by an attorney from SSA. So that is NOT the issue at hand. It does not matter if the attorney was not the one that obtained your records or not. It is for his legal services appearing in Federal court that would be justification.

My comments are based solely on the information you present in this post. Many details of which attorney and when are not indicated so my response may not be valid if all the facts of what services attorney # 3 provided are not indicated.

Sorry I can not give you better news.
It goes like this, attorney number two after negligently costing me hearing number two back in 09, punted me off to some firm in Chicago. This firm took my case to federal court and won a remand hearing, in which get this, they were paid via the "EAJA's act" at whatever the prevailing hourly rate is for such attorneys. Then that firm punted me down to one of their junior attorneys whom I attempted to fire after he delayed the first remand hearing and then refused to acknowledge his responsibility for, this was discovered only after I personally contacted ODAR who then informed me that the delay had been initiated by my representative! Mind you, "he refused to acknowledge that the delay that I had never been consulted about, was his doing!"

I was unable to secure another attorney, all refused to take the case because they had never seen the missing medical files, they only saw the SSA disc file which contained nothing but IME's from multiple insurance companies during my work comp lawsuit way back in 2002-2004! After it became apparent that I was stuck with this creep, I began badgering him over the missing files, explaining to him in exacting detail why they were missing, who was responsible, and how valuable they had to be to my case. Of course he assured me that he was different and that he would get all necessary documents required to prove my case, six months later, and just six months out of the remand hearing, I personally contacted ALLINA and getting these records released to me, twelve years of my primary doctors medical files on me. They told me that they had never heard from any attorney on my behalf after tghe work comp case settled in 04!

So, we go to the new hearing, in which brilliant lawyer number three(who is clueless)prepares me for inevitable failure, never at any point imparting anything resembling confidence in my case, largely because he had never taken the time to read over the files I had obtained for him from ALLINA. We go into the hearing, and surprise surprise, the ALJ has done his job, he actually took the time to read over the files that had been missing from my previous two hearings, as had is medical expert who was physically on hand, following twenty-five minutes of banter between the ALJ, the ME, and the VE, he issued a bench decision paying my claim in full!!!

My attorney hadn't said more then the two introductory sentences which kicked off the hearing....in the little office room reserved for attorneys and clients suddenly my guy is "Clarence Darrow," he explains to me how crucial my primary doctors medical records were and how he is now going to be filing a "fee petition" so as to get a lot more money then the $6.000 cap! At no stage was it explained that these parasites could exceed the cap, and I openly challenge you or anyone here to present a single piece of evidence from any of the usual sources of SSDI representation that they can and will easily defeat the cap and further, do so at the expense of the well being of you their client!

In fact attorney number two(who I am meeting with a malpractice lawyer to discuss tomorrow)even told me what a great deal it would be for me with these guys because their fees would all be covered under the EAJA act, which was clearly a lie, if all holds as it appears to be, this firm is going to be paid twice, and in the latter instance it would amount to nothing short of theft!
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