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-   -   somebody dropped the ball (https://www.neurotalk.org/social-security-disability/166334-dropped-ball.html)

oldcarp 03-10-2012 06:02 PM

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????

oldcarp 03-10-2012 10:32 PM

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??

Biggerbetter 03-11-2012 10:51 AM

Quote:

Originally Posted by oldcarp (Post 859892)
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.

Kitty 03-11-2012 10:57 AM

Quote:

Originally Posted by oldcarp (Post 859892)
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??

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

SSDIHelp 03-11-2012 12:48 PM

Quote:

Originally Posted by oldcarp (Post 859892)
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??

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!

oldcarp 03-11-2012 12:51 PM

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

ginnie 03-11-2012 07:49 PM

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

jana 03-12-2012 10:14 AM

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:

oldcarp 03-12-2012 09:10 PM

Quote:

Originally Posted by jana (Post 860280)
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

don1956 03-13-2012 04:02 AM

Quote:

Originally Posted by oldcarp (Post 860473)
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:):)


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