somebody dropped the ball
 

I just reveived a letter concerning my reconsideration and it says I am still not elegeble for SSD. January 31, 2012, I saw a Board certified occupational & enviromental DR who specializes in the Evaluation of Disability and imparement ratings. After a 2 hour examination and a 19 page report involving all my previous surgeries which include bilateral shoulder replacements, ( 3 surgeries) the last shoulder surgery involved nerve damage from the operation, 3 back surgeries, an MRI report that shows 3 herniated discs, 4 protruding discs, neural foramina stenosis at 4 levels, sciatica, facet arthropathy, loss of disc space at L5-S1, L4-5 and bone spurs. I have a PPI rating of 65%. When I saw my personal physician on Feb 29 2012 I asked him if he had heard from my attorney yet. He told me no and that he had been waiting to hear from him via letter or phone because he had read the report from the other DR and is in total aggreance with his entire report. I just talked with my attorney's secretary this past Friday 3-9-12 and told her my DR was waiting to hear from them and she said she would get a letter to him ASAP. After reading the letter further its shows that they never received the 19 page report OR the report from the EMG test OR the fact that I have been taking medication and counciling for depression since January 2012. I called and left a message with my attorney stating that I am outrged and demand some explination from him first thing Mon a.m. This could of ended at this reconsideration level if he would have sent ALL the proper documentation like he was supposed to. NOW I have to go to the AL judge to prove my case and I'm stuck with this worthless laywer. I heard if I fire him now it could cost me a lot of money which I dont have. What should I do????

Hello...... there has been 84 people view this and not 1 person has any advise for me?? I thought I could get some kind of support from this community with some past experiences or something. Can anyone give me some advise PLEASE??

Ill give you some advice that you'll probably not like but as the saying goes "stand in Line". SSA doesnt have to follow our reasoning or your Dr.'s for that matter to approve you. In THEIRE eyes yours is as important as the other 1 million. Just be patient and your best chance is at the ALJ level.

Many of the "views" are from Google searches. Just be patient and others will most likely come along shortly with their advice and opinions.

Have you contacted another lawyer? If you can prove ioncompetency then there shouldn't be an issue. I would report the lawyer to the bar association specifying your complaint. I don't know about lawyer fees. I thought they had to split the fee. You can only be charged a certain amount by law, regardless of how many layers are involved ( I think).

I would try threatening the lawyer and see if they would drop the case. (Just an idea). On the bright side 72% of people are approved at the hearing level.

Good luck!

Thank guys. I know i probably sound freaked out ( cause I am) but I DO appreciate your support. I guess I have to play the waiting game. I am going to ask my so-called attorney if he will release me before I proceed to the ALJ by offering him 500-1000 to release me so I can get a competent attorney. Thank you everyone :o

Hi old carp
 

I know the problems with getting SSD. You are not alone in that. Most lawyers don't get any money unless you get approved. If you have to go to court, that may be the best option. I was turned down three times, and then with only a word or two at my hearing, I was granted the disability. These days it is hard than ever to get benefits. The system is overloaded. Your lawyer was suppose to keep things moving long, but submitting your paper work in a timely fashion, especially if you were given due dates. don't fear going to court. It may be what has to happen. I had to re-submit too, several times over. Also go to the Social Security forum if you get chance and start reading some of the posts there. There are people who know a whole lot more than I do about SSD. The system is hurting, and it is very slow in approving people. Sorry you are going through all this. I lost every dime I had while waiting for my benefits to go through. I certainly understand how you feel. There will be others to help answer you concerns. sunday is a bit slow, lots of folks are with their families. take care, you are not alone. ginnie

I don't know the particulars of your case. IF you had been approved at this time, would your lawyer have received the MAXIMUM payment amount allowed by SSA? Sounds like your case is a "home run". In other words, WHEN you get to the ADJ, you most likely WILL win. And, THEN, your lawyer probably WILL get the MAXIMUM allowed. So, this feet dragging in regards to your records may be as simple as "somebody" just wanting to get as much money as possible.

My lawyer, bless his heart, was NOT like this. He got me approved in less than 3 months on reconsideration (2nd try) -- and got less than $1500 for his effort (25% of my backpay) -- worth EVERY penny!!!!!! (I think the lawyer max. allowed by SSA the year I got approved was in the $6000/$6500 range.) Honest, ethical lawyers ARE out there!!

I think you'd probably be in a mess if you tried to change legal teams now -- but, I'm not a lawyer -- and don't work for the SSA. I just know that STRESS is bad for all of us. I'd have a "heart to heart" with your lawyer -- and LAY IT ON THE LINE. If this is what is going on -- you NEED to know. Maybe this is just LEGAL STRATEGY in your area -- maybe this is the way he/she was TAUGHT to handle disability cases. :confused:

You are correct about stress.If fact I am writing this from a hospital bed cause I started having bad chest pains and shooting pains down my arm The doctor said it wasn't a heart attack but their keeping me overnight for observation and stress tests tommorow Thank god.My wife is stressing out now.That is exactly what family members are saying bout this lawyer.He is dragging it out for the money.I am scared for my wife and kids. I plan on going to the SS office when I get out and give them all the documentation my so-called attorney was supposed to.THANK YOU for your support. God bless everyone

i learn the hardway about "stress".especially when it comes down to this "SS"business.it can give highblood pressure.can cause you to have nitemares back to back.even make it hard for you to concentrate on anything.iknow i have been where you at.i thought all that talk about how stress was just that.."talk".until it happen to me.and it was all due from this "SS"stuff.not knowing about what going to happen next:confused:..how my case is coming along,etc,etc.i was put on highblood pressure and sleeping pills.thats how bad it got for me.i will recieve my first "SSDI"check this week.and i still have the side of effects of what i went thru.so we all here understand how you feel.we dont say this to be nice.who else understand but us "NT"members.no we dont know each other and probably will never meet.but we do care here very much.its why we listen and try to give advice from our own experience:):)

attorney
 

Hi old carp. I know Don Too, we both have been through the ringer with stress over SSD. Your lawyer may indeed be dragging his feet. He has the ability to keep your case running smoothly through all the processing. He does indeed get more the longer it takes. some of these guys are out for money, that is true. The guy I had, I did keep in touch with to make sure he didn't drop the ball on me. I got documentation of what he did. If you feel this attorney is going slow, and is being unfair, you need to find another attorney. I know that is a pain in the butt to do, but it is better than waiting around for our current lawyer to push forward.
So sorry you are in the hospital.
The stress from this is terrible, I know it. The situation made me sick too, I had Gerds the whole time and wound up with barretts esophagus, too much stress! I hope the both of you stay strong for each other. I wish our country had a system that didn't make you feel so bad while you go for the benefits you worked for. We earned this, and I know how bad they make you feel even after working all your life. Get out of the hospital, hug each other and go from there. Give each other comfort, and stay strong. ginnie

I sure wouldn't fire the attorney before I found another to help you out. I fired mine on another case (not SSI) and he slapped a 100K lien on my case. I don't think they will let him collect it as I can prove 24 (yes, twenty four) years of neglect and failure to perform. But it won't be easy or a walk in the park.

My sister had used another lawyer and just luckily he HATES lawyers who aren't up right. He loves to tackle abuse. I am taking the first one to the bar association. My sister's lawyer picked up my case.

Pain makes you angry and impatient and tired and unfortunately some lawyers just take advantage of that. (mine tried to get me to sign a blank letterhead with no date and only a signature line... I should have fired him then..)

Good Luck.
MaLINDA

I have made some calls to attorneys in my area who do nothing but SSD cases. I called 2 different ones. When each of them asked who was representing me and I told them his name, they both had a long pause followed by "oh" and proceeded to tell me that each of their offices have had several complaints of him just like mine from his clients. They are willing to represent me as long as I get a release from him. So now let the truth be told. He IS an incompetent attorney as far as SSD cases are concerned. I have already set up an appointment with him this coming Monday morning and I will be pointing out all the blunders and mistakes that he has made and I am going to tell him the least he could do for his neglect and failure to perform is to grant me a withdrawl for my claim and any expenses occured. If he tells me no, I am going to tell him that I will be forced to report this situation to the bar association and the better business bureau and possibly my Senator and my Congressman. I really dont know what else to do. In my area it takes 13-14 months after denial to see a judge. By that time I will lose my house,car, and basically everything I own. I'm so PO'd right now I'm looking into a possible lawsuit against him when this is all said and done. What do you'all think? Thanks!

Hi Old Carp
 

Try and get your lawyer to withdraw from working on your claim without a law suit being aimed at him. I know you are P'O'D and I don't blame you. I don't want this idiot to ruin getting help fast with another "good" represetative. See what he says and don't lay into him. Just get him removed from your case. You can always write the state bar afterwards with your complaints. I don't want him to retaliate against you by refusal to withdraw. Just state, you would like to get another opinion and get released from his client base period. These kinds of people can get nasty, they don't have morals old carp, or a conscience on what they are doing to peoples lives. Protect yourself, and be mad later. I so wish you the best possible outcome, and a resolution to your attempts to get SSD. ginnie

I would just go with the "you're fired" route. Remember, an atty works for you, not the other way around. Inform this atty that you want your complete medical file and an itemized bill. You will be responsible for OOP (out of pocket) expenses. So I strongly suggest that you go through the itemized bill with a fine tooth comb.

When you hire your next atty, give him/her a copy of your medical file. YOU KEEP THE ORIGINALS.

Visit & research online/library your local Social Service department. Check with them to see if there are any programs available that can help you out before you get to that point of losing everything. There are many federal, state & county programs out there that folks do not take advantage of. Your Senator and Congressman can also provide you with leads and/or call on your behalf. "It's not what you know it's WHO you know." :D

Good luck! You're going to need it! :hug:

You can't pay him out of pocket. If you fire him SS will split his fee with your new attorney. A new attorney might be less likely to take you on due the reduced fee... If you can get him to quit, then he loses all rights to fees.

These fees are actually fairly low for attorneys. Many of them have huge case loads. It's actually the paralegals or assistants that do the majority of the work. Every applicant needs to verify that everything is submitted in a timely manner regardless of counsel. -just a reality.

You might consider looking into non attorney SSD reps as well. They seem to frequently be more on top of things since they do all the work, and give one on one attention... They frequently are former SS employees.

Hi Old Carp
 

Did you get some kind of response? I did tap to you but never heard if you were able to get some help with SSD. I thought of you yesterday, I had gotten a post about SSD saying the system isn't in trouble. I will respond today and remind them not everybody is treated fairly in this system. Evidently they were approved without much difficulity. I hope you find a paralegal, that is what I had. I am sorry you are going through this. It is an awful process to go through, even if you work your whole life. I will be here to listen to you anytime. If you lived in my area, I would recommend my paralegal, who was kind, considerate, and worked tiredlessly for the whole time it took to get my SSD. Take care, ginnie

Social Security Flat Out Lied On The Denial Letter
 

OK You guys arent going to believe this. So i go to my attorney and tell them how displeased I was and I asked for a release. After a long talk we called the SSD office to see what happened to the critical documents that SSD said they never recieved. After talking with them, we found out that they DID recieve the documents and they decided to NOT use them in making their decision. We all looked at each other in shock! How could they do this?! So it wasn't my lawyer that dropped the ball, it was the ****ing SS office!!! Well I am keeping my lawyer and now I have a PO'd lawyer that is going to shove this right down their throats and put it in the ALJ's face. This should be illegal and I bet it is. Just shows you how crooked the system is and how all they care about is trying to save the government some money and not a persons needs

What was the date of these critical medical records? When were these exams done? What is the date of your application and your date last insured?

Do you think it is a good idea to take your anger out on a person (ALJ) who had no part in whether or not your medical records were previously considered, especially when that person will be responsible for making one of the biggest decisions that will impact the rest of your life?

I am not going to say whether or not your righteous indignation is warranted, but perhaps it should just be expressed in your lawyer's office or within the walls of your home. Why would you want to irritate the ALJ? Did he lose your records? Can he change the past?

Your life, your decision.

Hi old carp
 

Yes I believe this happened. I stated on a post that the system was broken and got one back saying how wonderful it was, since so many people do in fact get benefits. Well I didn't respond to that post, as I know different. I was on the recieving end of no justice, and lost every dime I had while I was waiting for their just reply. Now I will loose my home. The pres. said just last night he was worried for all those that are loosing their homes because of medical conditions, I would say he is a bit late on that one. I do hope that you get justice, and get your benefits. I am a bit bitter, as anyone is who has had to wait long years while this system drags its feet. They are out of money and that is the sorry truth. Keep up the fight, I am glad your attorney is now mad enough to fight for you. I will keep you in my thoughts. don't give up. ginnie

Ginnie, Janke was not claiming the system is perfect in that other post. But it isn't completely broken either.

It took me several years to get approved. Along the way my attorney did some questionable things. My local office lost paperwork. The national 800# gave me bad information. Instead of getting bitter, I learned how to safeguard against many of these things. I put my energy into learning what documentation was required for me to have a successful outcome. I expended so much energy providing information I thought was important, and just wasn't! Part of this is understanding the system. It means digging in to SS policies. It means being brutally honest about not only your abilities, but how you appear to others.

Amusingly enough, I've been accused of being paranoid when I've given out advice to try and help people avoid problems I experienced... (If you have reports that are vital to your SSD application, walk them in to your local office. Have them provide you with a dated stamp on a copy, so you have recourse. They need to be submitted early in the process. It's better to gather all your documentation before you apply. It's better to understand what you'll need to prove before you apply. Approval is a complex medical/legal decision. Many people are successful after a 2nd or even 3rd application, because they finally provide the documentation that is required for a FF decision.)

Social Security is grossly understaffed. It is an incredibly complex system. (And simplifying won't improve things IMO.) The appeals system is fair and works to check and balance. You can't blame SS for the cultural shift of entitlement. I will grant there is a weird sense that SS employees forget applicants have to survive while waiting on decisions. The reality is, if a person is in the application process, they need to apply for aid, get help from family, etc. (I started a thread that became a sticky on this topic.) I do feel the government "plays chicken" to see who will return to work rather than go homeless... Which is harsh. But they're not psychic.

Janke is one of the most knowledagble posters in this forum and is here consistently, providing solid information. Anyone that wants to learn useful SSD info should research her posts, btw.

I agree with LL that I think it's possible/probable that the SSA goes a little slow in the approval process trying to weed out those who hoped for a quick easy approval to get some money even if they weren't totally disabled......ie, someone with a medical condition who was working, but got laid off, so they figure they'll try for SSDI instead of aggressively looking for another job. There are people who do that ! If they give up because SSDI takes too long and they find another job because they couldn't wait for the money, then they weren't totally disabled. Stalling a few months isn't totally unreasonable......the process taking years for many of us is a different story alltogether. Those of us who are totally disabled can get financially devastated while waiting. That stinks !

I do think it's important to remember our own personal responsibility in this process though. None of us asked or wanted to be disabled. Many of us COULD have made better financial plans though. I'm guilty of not having the 'emergency fund' of at least 6 months living expenses in an accessible savings account (like all financial planners recommed). I'm left wondering what a few less trips to Disney and adding that money to an IRA could have added up to that could help me now. Some issues are not the SSA's fault.

can't agree
 

No, I still have a problem with the system. I had 6 surgeries with no health insurance. I never qualified for ANY insurance and I fell apart. I had pre-existing conditions which removed me from the insurance pool. So my folks set up a trust. This trust was not given to pay for medical proceedures, but to keep me in my home to pay the taxes and insurance on my home I and my mother paid for. The Agencies didn't care what it said, as long as it benefited me in any way, I was not allowed to keep it. So I lost all two generations saved for to keep this roof over my head. I now cannot pay for taxes and insurance, and this house is still caught in the same trust. I will loose the very thing we tried to protect. No I am bitter, I worked 30 years through pain and illness. This system is set up for failure. I am not allowed to even HAVE the amount of money it takes to pay the taxes. Just what am I suppose to do? I am seeking legal help with my state Rep. I am doing all I can, but I face loosing this place that I fully paid for because this system denied me what was clearly set up in the trust. I am beyond angry. It took almost four years to receive my benefits, though I was clearly disabled, and I DID have a wonderful lawyer. I did all the right applications and timing. This lawyer knew all the laws, as that is all he has done for 30 years. No, the system wasn't good for me. Maybe it works out for others, and I am truely happy for them. But when you face being homeless when you paid for your home, your attitude changes a bit. It depends on which side of issue you are on, and from each persons own perspective. I mean no disrespect for any who comment on this SSD issue. It is just from MY perspective that I feel this system fails terribly. I worked until I risked being paralized, as I knew I would be in trouble with medical issues, and issues regarding my home. My effort almost cost me my life, and it threatens my home. If you had to go through what I have been through, you may not see this the same way. I respectfully offer my own opinion. ginnie

Ginnie, your angry about several things that have nothing to do with SS. What you're describing is a loophole the government stopped years ago, that the elderly used to use to protect their assets For both themselves and their heirs and still be able to draw Medicaid from. Yes, the government expects you to use your resources first before allowing you access to public aid. (If I'm misunderstanding the issue, I apologize.)

My mother made a decision when she retired to add me to her pension. It was an expensive decision. I had not yet been approved for SSDI. She knew that it might effect my ability to draw on certain types of public aid down the road, but felt that her sacrifice was the safest route. I have a nephew that is severely handicapped. He receives thousands of dollars in benefits per month essentially for his care. My mother has faced these same dilemmas for him as well. Does it make sense to leave money to my brother, since any inheritance would be wiped out fairly quickly.

It took me several years to get my FF decision. I'm willing to bet I can top any story you have of SS making errors with your application. The sacrifices I had to make were never as painful, as the sacrifices my son was forced to though. I never faced homelessness due to family help. Looking back I should have applied for housing and public aid. I have met several people that have become homeless over the years while disabled. As much as my situation was difficult, others had it worse.

I've stood in your shoes in many ways. Before I received SSDI approval, I accepted that if my SSDI eligibility ran out, I would have had to then apply for SSI. It would have meant being dependent on family or food stamps and (if I was lucky enough to be accepted) public housing.

I'm not claiming I went happily through the process the entire time. But, you will just make yourself miserable if you carry around this type of anger.

Why not focus on why you haven't been approved (yet) ? Once you get Medicaid and SSDI, these conflicts with the trust are a non-issue, correct? You shouldn't trust your attorney to just handle things IMO, I don't care how good he is. I've gone through the process with both an attorney and pro se. My best advice is to learn the system as if you were doing it pro se, and still use an attorney...

Janke is an incredible resource. Left-handed knows her stuff. There are links to some other great SSDI resources in the stickies.

Yes, but...
 

You are correct, only my mother was not trying to cover up anything. She knew I was sick, and so did the attorney who wrote the trust. He however did not know the rules to medicare/medicaid. The Government took away funds to keep me in my home. There were rules I had to abide by, but evidently my government didn't have to abide by those rules. I was not suppose to use funds at all for medical purposes. It was to allow a disabled person to pay the taxes on a house that is paid for. I will loose this home anyway now, and I do face a housing project or the street. During the time I waited for approval, I used the money or I would be dead now. If after working 30 years, I face loosing all because I got sick, I would say that this system isn't working right. I am not allowed to "have" the amount of money it now takes to pay my taxes. Nobody should have to loose all just because they got sick. You may think this is good, but I consider it a punishment. I was not allowed insurance in this country, I had pre-existing conditions, that is why my parents tried to create a trust to keep me in a home. If my Gov. didn't have to abide by the terms of the trust, then why do I? My folks wrote this thing knowing full well that I was in very deep trouble with my health, and had no options other than what they did. And just why do I pay rent now on my paid for home? Do you think my son wants to collect rent from me, and further put me into poverty? It was a rule they had concerning benefits. No food, unless I pay rent, on a house I already worked and paid for. I cannot move either, stipulations, the house is in the trust. No money for insurance for this home, and I am a sitting duck to the next wandering hurricane. That can wipe me out good too, no way to recover. I worked up to the point I almost died, because I was afraid of this whole situation. I didn't go to a doctor, because of no insurance. I at least thought I would get to keep a roof over my head. I will have to walk away from this place, and go to public housing, is that what is forced upon me after all the work I did?
You think the Gov. paying for my housing is the better answer, than letting me keep this roof over my head? Yeh, they will pay for it, but not let me pay for the taxes, to keep what I have. They will be paying out far more than taxes to put me up someplace. This has already taken its toll. I am not coming down on anyone that knows about this system of ours. I am sure their education has helped others. My view point is that people who are sick should not have to loose all when their health fails. I do not consider this situation in any way to be fair. The lawyer who wrote the thing, said this couldn't happen but it did, his fancy words didn't mean a thing to these agiencies. If my mother had known about these rules, she would have given all to my son, there by saving what two generations worked for. I was told that the language in the trust would allow me to keep the funds for taxes, and so was my mother told the same. The lawyer who wrote it, was mistaken and I have to pay for that error. I am indeed fighting for my life.I won't go to a housing project, nor will I be on the street. I'll be toes up before I do that. ginnie

So you were approved for SSDI? And now have Medicare through SSDI? And received several years of SSDI backpay?

Dont worry I wont be taking my anger out on the ALJ, and my attorney wont either. But we WILL be pointing fingers at the SSD office and their staff for discriminatory practices. My attorney says that when all the documentation shows up at the ALJ's office before the court date, the ALJ's office is more than likely going to make a decision then. I am now writing letters to my Congressman and Senator explaining the FACT that SSD had more than enough documentation to end this at the reconsideration level. They need to stop making denials just because that's their job, to deny. I'll be in touch. Thank you everyone !

Whats left
 

I do have my benefits now, I receive medicare/medicaid/foodstamps. After paying rent there is $300 left to pay for utilities. It leaves nothing to save either for taxes or to save my own teeth. It is not enough to live where I do, and I cannot sell the home regardless of the risk of being here. I am appealing to a state Senator, and Rep. to break the trust. Not an issue where I am left not being able to pay car insurance, or for air conditioning in Fla? I gave up TV, my phone, all possessions sold that were worth anything at all. This the price to pay for being sick? Make my son pay to keep me going? This sent my son into a depression as well. He is working 7 days a week to pay my dental bill. How much more should I ask of my adult child to keep me going? I will make an end to this situation one way or the other. This has destroyed not just me, but my family. ginnie

I know how you feel.....I have started the SSD process as well...going on the second year w/attorney....I too have lost all and now have to live with my daughter and my grands.....had to quit my job due to medical issues and having to go to doctors....jobs frown on too many missed hours from work whether you come in late or leave earlier than you are suppose to:mad:it is depressing...and family blame you for getting sick-worked over 30 years and now to lose everything and have to try and rebuild the foundation that has been torn down...I am patiently waiting...it is not easy...but I am praying and patiently waiting:(