Quote:
Originally Posted by Mark in Idaho
I disagree with LIT LOVE almost 100% other than the Unsuccessful Work Attempt. MTBI based SSDI can be a long slow process, even with an attorney so by the time the ALJ hears the case, plenty of back pay has accumulated. It took well over a year to get the hearing. Almost three years to the day from first application to approval. The maximum SSDI attorney fee is usually based on only 18 to 24 months of disability. My attorney earned her maximum fee from only 16 months of back pay. Because we were well past her maximum fee based on back pay, she did not fight for a higher benefit that I deserved. Getting me a better benefit would not have earned her a penny more. I got stiffed for thousands more in back pay and $150 a month more in permanent benefit.
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Many attorneys, but certainly not all, will not even interview clients in person until they've been denied Reconsideration (or the equivalent) and are ultimately going to be headed for an ALJ hearing.
Many people prefer having someone that will be very hands on from the beginning of the process--sometimes you can find an attorney willing to that, but more often--not. My suggestion was that with the right representation she might be able to be approved earlier and avoid the long wait of an ALJ hearing.
Another good option is to research on one's own, using the info found at free sites like SSDfacts.com (several good sites are also listed here on NT in the stickies in the SS Disability forum) but it is better to do so prior to starting the process, not after. Decisions like a person's Alleged Onset Date can greatly effect their monthly benefit amount, their maximum back pay, and if there is recent employment, chance of denial. And that's just one example of an incredibly important decision that has to be made at the time of application.
--BTW, I had an attorney that recommended a Closed Period Award, so that he got his full fee and I was left fighting on my own for a Fully Favorable Decision. I was ultimately successful, and got all my back pay and my maximum monthly benefit, but there are MUCH easier and FASTER ways to achieve what I accomplished.