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Old 02-03-2011, 04:09 PM
MikeNC MikeNC is offline
Junior Member
 
Join Date: Feb 2011
Posts: 14
10 yr Member
MikeNC MikeNC is offline
Junior Member
 
Join Date: Feb 2011
Posts: 14
10 yr Member
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Quote:
Originally Posted by DanP View Post
You sound like a knowledgeable person, but, I know for a fact that Mike has helped many people get approval on claims for social security disability. Mike tells you where to get the forms and exactly what to say AND WHAT NOT TO SAY on the application and almost everyone he has worked with got approval on the first try. The man knows what he is doing (he has LOTS of experience) and if I were applying I would seek him out immediately.
I am not at all implying that he is anything but what you say he is.

What is the "Listed Impairment" they are being approved for? There are about 10 I think. I ask because having this symptom and that symptom is usually not going to be approved at initial filing. Only 25-30% of Initial Filings are voiced favorably after reviewing the individual's ability to work, where "Listed Impairments" has some pretty strict guidelines that can allow for the first, and the lowest, review to approve. One is usually pretty clearly disabled with no need of examination to support a claim. Many are also older and close to SS benefits. That initial review by a case worker has to substantiate why he gave approval as his/her job is to deny you and less than half of people file further when denied. They are there to pretty much weed out the cases that have no chance.

From what you have said I would agree to speak with someone knowledgeable as most lawyers plan on an Initial Filing denial and fill the forms out like crap. Mine surely did. But once you have been denied and have to apply for an ALJ hearing, while your friend might well be quite helpful, there is no question at all that you need formal, and legal, representation just as a matter of protocol. What you are not telling people, and I think they deserve to know, is what does your friend say to do if they are denied on initial filing? I hope he is giving them the names of a few lawyers and offering his own off-the-record assistance along the way. He is probably far more helpful than the lawyer, but they still need representation and there is no cost if they are declined benefits at a hearing.

My lawyer was a complete boob. I don't want to label them all as such, but the guys I saw waiting for hearings didn't look like Madison Avenue material. That is where, and possibly like your friend, a person who worked once in the Illinois state system (SSA subcontracted out to the state to do the initial reviews at the time I filed) as well as a husband and wife NOSSCR team (where the wife was retired from the SSA and had taught ALJs the SSA Code) were tremendously useful to me. My filing was reviewed by both and later used as a model by the team as how to go about obtaining benefits with a similar condition. But my condition was far too complicated to be approved at the Initial filing. The problem I have is quite rare and varies greatly. As I keep saying, so readers will understand, there is a strict code and it is a legal matter. I have an issue with my eyes. My lawyer pulled that related letter out and when I asked what he did that for he said an optometrist wasn't allowed to comment and it would aggravate the ALJ. I pointed out to him that the law had changed two years prior to allow it to be included. That's what I mean when I say you need to do this yourself, or with help, as there is so little money in it for the lawyers that they are not necessarily all that competent nor do they spend that many hours with you. $6000 and 40 hours work means $150 an hour IF you win your case. Ergo, don't expect more than 20 hours and 5 of those will be prepping and going to the hearing.

NOTE: One's lawyer can really ****-off your physician so INSIST on seeing any correspondence going to your doctor and you can just tell the lawyer that the doctor said he had no time for this so he would appreciate a concise request that you review first. You can tell the lawyer if any correspondence goes directly to the doctor you will find another representative. They work for YOU! My lawyer, without my knowledge, wrote to an ENT I had seen, where my balance testing was a variant of normal, and said that if he would say he believes I suffer from Multiple Sclerosis, I might be approved right away. An ENT cannot voice on MS!!!! My doctor was ******-off at me also that such a letter wasted his time and insulted him. So be careful that a lawyer looking to get you approved on a Listed Impairment does not take liberties that he shouldn't. Yes, I know this sounds a bit confusing to some, but if you are truly disabled you have a part-time job and it's making sure things are done properly AND that your doctor does not drop you as a patient due to a lawyer.

I was asked about three questions by the ALJ and told that he didn't want me waiting for a letter and told me he was approving me as my file was perfectly crafted for him to see what my condition was and what it caused. I had added supplements to it the night before the hearing at the SSA office as my lawyer refused to add additional information, telling me it was to late. It is never too late. You can also call them the day before and ask for a 2 month extension as you are procuring more evidence. It's no sweat off the ALJ's nose as he hears so many cases.

Had I relied on my lawyer I believe I would have been denied benefits. Yet he did know what the ALJ I drew was going to ask me and did brief me on every question that could be asked and I asked how to answer other questions. One must be "credible" in their entire case. It a word they use in the writing again and again.

If I had to do it again I would go with a NOSSCR individual. IMO, they want the job and study for it.
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