Why you need to keep an eye on the attorney's!
 

I've been through the ringer, literally! Ten years I've been navigating the SSDI system, TEN YEARS! Two bouts of cancer, chronic migraine, severe cervical spine degenerative disc disease, minimal use of my arms, ect..

I'm on my third set of attorney's, the first two were a perfect blend of incompetent, and negligent, costing me years of my life, and thousands of dollars and property lost in the process.

Just this afternoon I was contacted directly by SSA, which they are not supposed to need to do, that is why I have the attorney's, they are supposed to handle all of the BS. At any rate, I received an intimidating phone call from some SSA drone named "Liz," demanding that I immediately satisfy her paperwork requirements stipulating which attorney is representing me in the case, the last one whom a recent letter had been addressed, or the new one's who had just prevailed against them in federal district court?

I'm going in for radical surgery in the next two weeks, I have no way of meeting my bills and will very likely be getting evicted to the street(alive or dead), and the attorneys haven't even taken the time to notify SSA that they now represent me, which is entirely their obligation!

This is the most important advice I can pass along to you, it emerges from TEN YEARS of SSDI experience, under no circumstance can you ever assume that your attorney has things in hand, you can never trust them, ever, period!

Dear Direwolf,

I am soooooooooo sorry. No one should have to go through what you have been through. My heart is breaking for you. I can hear the despair in your post. This is no way to go into a surgical procedure. You should be facing surgery with "hope" and "success" in your thoughts, not what you have been slapped in the face with today.

I wish I could jump through this site and do something for you but I don't know what I could possibly do. You have been such a tremendous help to me and I can't return the favor.

Please keep in touch. Maybe things will finally turn around for you for the better following your surgery. That will be behind you, recovery may also bring better news on the SSDI front. The more I learn about the "system", the more confused I become. There seems to be so many cases that denial makes no sense. I have read the rules and regulations but it appears they are not applied equally in some cases. Before people jump on me for not knowing all the specifics about particular cases, I am basing that comment on some of the FEDERAL court rulings I have read which details ALL the specs.

I am thinking of you and wish so much that I could offer you some words of comfort at least.

I would write a quick letter to the State Bar Association and maybe the attorney general of your state, with a cc to your attorney, complaining of this! Nothing makes an attorney jump faster than the threat of a malpractice investigation or dis-barring.

Why isn't SSA supposed to contact us directly?

they wont even talk to you if you contact them directly after you hire an attorney.

Then I wonder why my new worker, for the first appeal (9/30/13) of my second claim (6/24/13), called me directly in October to ask me a question? I posted about it but no one answered. I still am wondering if it means anything, either good or bad.

Perhaps on permission from your attorney? Is an atty rep you on your appeal? Did you notify your atty of the phone call if you are rep?
In some states, a person and/or company who breaks/does not honor a "Letter Of Representation" can be reported to the State Insurance Commissioner! Those folks do not play! They can make & break companies. :eek: Depending on the case, usually, what happens is that the person who disregarded the LOR is either reprimanded and/or fired along w/their supervisor & the company they work for pays a HUGE fine.





EDIT: I just read your other post & replied.

There is nothing in the fee agreement (SSA 1696) any prohibition on SSA talking directly to the applicant.
http://www.ssa.gov/online/ssa-1696.pdf

I don't think there is any such prohibition in the regulations either.

Also, SSA is a federal government agency. A State Insurance Commissioner has no authority over a federal agency and cannot impose fines. Federal employees are protected by the Civil Service Act and many belong to the government employees union, AFGE. Employees are not fired for talking to claimants with lawyers.

Lawyers can't answer all questions for you; they don't know your life story including your former employers, your current and former spouses, your living arrangements, the amount of money in your bank. Sure, an attorney can obtain the information and provide it to SSA, but they don't know your life and they cannot file claims without your agreement that is provided to SSA. And they are also not the liable person if you are paid incorrectly based on incorrect information provided. That would be you.