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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????
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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??
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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. |
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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
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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
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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: |
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