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LIT LOVE 10-01-2013 06:03 AM

Quote:

Originally Posted by Allanira (Post 1018905)
I did file for ssd. I am now waiting on 2 disability decisions. The va and ssd. I hope that both wake up and say ok we're going to give her disability. Shoot I cant walk more than 5 minutes without really hurting and thats pushing past the hurt and hitting the hole crapoli stage. I cant sit with knees flexed. So how am I going to work. I don't want to get an attorney. They smell like skunks to me. All they want is money money money. If I see a skunk I go the other way, same for attorneys. Plus im the one that worked my but off to pay my taxes and ss, not them. Why should I just hand them part of my money to look at a piece of paper or 2. Sorry low opinion of lawyers here.

The term SSD is confusing. It's best to use SSDI or SSI.

You can certainly effectively represent yourself, but it can become very complicated and can be overwhelming. It's not uncommon for vets to receive a 100% VA disability rating and be denied SSDI. There is also the option of choosing a non-attorney representative--they are often former SS employees. They will often help much earlier in the process and since they are only paid a25% of a person's backpay (with a max of 6k), it often doesn't amount to much for them (which is why attorneys generally insist you're far along in the process before taking clients on, so that you've racked up significant backpay.

I represented myself successfully but the process took much longer than if I had used either an attorney or a rep, and I had family support that allowed me that option. It's best to thoroughly educate yourself early on, because once you progress to the ALJ stage, the whole process slows down and your case can be stuck in limbo for months to years.

Nanc 10-01-2013 09:53 AM

Quote:

Originally Posted by Allanira (Post 1018905)
I did file for ssd. I am now waiting on 2 disability decisions. The va and ssd. I hope that both wake up and say ok we're going to give her disability. Shoot I cant walk more than 5 minutes without really hurting and thats pushing past the hurt and hitting the hole crapoli stage. I cant sit with knees flexed. So how am I going to work. I don't want to get an attorney. They smell like skunks to me. All they want is money money money. If I see a skunk I go the other way, same for attorneys. Plus im the one that worked my but off to pay my taxes and ss, not them. Why should I just hand them part of my money to look at a piece of paper or 2. Sorry low opinion of lawyers here.

Hi Allanira! Glad you went ahead and applied for SSD. I completely agree wih you on the lawyer thing...ugh! I only found one that would help on my STD/LTD appeal, but it would cost me $4,000 up front...up front??? Umm, no thanks! I had a disability analyst that I know tell me not to get an attorney until it got to the hearing stage. The only thing they do is hold up the process and then take a portion of your money. They make it more difficult for Social Security to get thru your claim. I filed on my own and was approved the on the first try. No, the person I know never saw my claim, it was sent to another state because of the back-log so she had nothing to do with my claim being approved. I know it is rare to be approved on the first try and within 3 months, but it does happen and I am thankful.

Good luck!!
Nanc

Allanira 10-01-2013 10:52 AM

I have been reading up and everything I've read said if an attorney asks for money RUN as fast as you can and as far lol. They are not allowed to ask for money because they do get paid from ss and the va which ever you are applying to. I am hoping I don't need to get one. If I were in an accident and needed my medical or auto bills paid then I would have to get one. I can also get free rep from military attorneys, or the va. Not going to get into an accident though lol. I've only been in 1 all my life. I am just going to take this 1 step at a time and appeal both if I need to till I get the disability I need to compensate for not being able to take care of my family like I need to. I can't work because I would be absent or leave early too much to be productive to an employer and the only jobs I can do are physical labor really. Thats standing and lifting things or doing things that HURT me worse. I don't like not working. I love doing physical jobs because it makes me think and use my muscles (what little I have lol). It also allows me to set my own pace. I hate sitting and it hurts after a while. I also am not very good at paperwork. It starts confusing me after a while so I hope they figure that out.

LIT LOVE 10-01-2013 11:19 AM

Quote:

Originally Posted by Nanc (Post 1018949)
Hi Allanira! Glad you went ahead and applied for SSD. I completely agree wih you on the lawyer thing...ugh! I only found one that would help on my STD/LTD appeal, but it would cost me $4,000 up front...up front??? Umm, no thanks! I had a disability analyst that I know tell me not to get an attorney until it got to the hearing stage. The only thing they do is hold up the process and then take a portion of your money. They make it more difficult for Social Security to get thru your claim. I filed on my own and was approved the on the first try. No, the person I know never saw my claim, it was sent to another state because of the back-log so she had nothing to do with my claim being approved. I know it is rare to be approved on the first try and within 3 months, but it does happen and I am thankful.

Good luck!!
Nanc

You should notify SS if the attorney was requesting money from you for either an SSDI or SSI claim. If it was for LTD, than that wouldn't be illegal.

Nanc 10-01-2013 11:54 AM

Quote:

Originally Posted by LIT LOVE (Post 1018963)
You should notify SS if the attorney was requesting money from you for either an SSDI or SSI claim. If it was for LTD, than that wouldn't be illegal.

He was requiring upfront pay for the STD/LTD appeal only. I filed for SSD on my own.

Nanc 10-01-2013 11:59 AM

Quote:

Originally Posted by Allanira (Post 1018957)
I have been reading up and everything I've read said if an attorney asks for money RUN as fast as you can and as far lol. They are not allowed to ask for money because they do get paid from ss and the va which ever you are applying to. I am hoping I don't need to get one. If I were in an accident and needed my medical or auto bills paid then I would have to get one. I can also get free rep from military attorneys, or the va. Not going to get into an accident though lol. I've only been in 1 all my life. I am just going to take this 1 step at a time and appeal both if I need to till I get the disability I need to compensate for not being able to take care of my family like I need to. I can't work because I would be absent or leave early too much to be productive to an employer and the only jobs I can do are physical labor really. Thats standing and lifting things or doing things that HURT me worse. I don't like not working. I love doing physical jobs because it makes me think and use my muscles (what little I have lol). It also allows me to set my own pace. I hate sitting and it hurts after a while. I also am not very good at paperwork. It starts confusing me after a while so I hope they figure that out.

The thing is that there is no regulation on what fee they can charge on a STD/LTD insurance claims. Asking for the entire fee upfront doesn't give me any comfort in him doing a good job for me. I mean, he would have his fee paid already, how would I know he was really doing a good job for me??

I understand what you mean about not working. I will be 47 next week and have been working since I was 17...it is what I know. This not being able to do anything is the pits!!

zookester 10-01-2013 01:19 PM

Quote:

Originally Posted by Nanc (Post 1018975)
The thing is that there is no regulation on what fee they can charge on a STD/LTD insurance claims. Asking for the entire fee upfront doesn't give me any comfort in him doing a good job for me. I mean, he would have his fee paid already, how would I know he was really doing a good job for me??

I understand what you mean about not working. I will be 47 next week and have been working since I was 17...it is what I know. This not being able to do anything is the pits!!

I know you hate lawyers and the fee's are crazy high but.. if for $4K you were able to secure LTD until you were 65 then that $4K wouldn seem like pennies in comparision. I think the thing to consider is how confident the case is. You would need to ask about the strengths and pitfalls to your specific case during the consultation or thereafter. Have you maybe reached out to your Ombudsman to see if they recommend a particular attorney? You can also search case files against your particular LTD provider to see which attorney's successfully represented cases against them that way you might find one willing to do it pro-bono? The ACLU might also be willing to direct you to a reputable attorney. Maybe even reach out to someone on the NT thread regarding SSI & LTD etc., for any recommendations. Just some thoughts.. IDK if any will work but it seems it would be worth a shot.

Nanc 10-01-2013 02:05 PM

Quote:

Originally Posted by zookester (Post 1018996)
I know you hate lawyers and the fee's are crazy high but.. if for $4K you were able to secure LTD until you were 65 then that $4K wouldn seem like pennies in comparision. I think the thing to consider is how confident the case is. You would need to ask about the strengths and pitfalls to your specific case during the consultation or thereafter. Have you maybe reached out to your Ombudsman to see if they recommend a particular attorney? You can also search case files against your particular LTD provider to see which attorney's successfully represented cases against them that way you might find one willing to do it pro-bono? The ACLU might also be willing to direct you to a reputable attorney. Maybe even reach out to someone on the NT thread regarding SSI & LTD etc., for any recommendations. Just some thoughts.. IDK if any will work but it seems it would be worth a shot.

Thanks Tessa. I spoke to so many attorneys, it is ridiculous! One guy would meet with me for a free consult, but didn't want my husband there or even in the waiting room...thin walls. Umm, no thanks! One guy I spoke to charged $2,000 to just look at my claim to see if I had a case. Then if he decided to take the case it would be 1/3 of the 6-month benefit...that would have been over $5,000. I went thru the referral process, one guy referred me to another guy, who referred me to another guy who referred me to the $4,000 guy. We met with him and he would only look at the denial letter and dr letters...he wouldn't look at anything else until the fee was paid. My husband asked him the odds of winning this type of case and he said "oh...50/50" those odds are not that good. He said the insurance companies are in the business to deny claims. We didn't feel good about it or taking the $4,000 gamble. If I had $4,000 to just throw away, I wouldn't worry about the appeal. My husband is furloughed again and I haven't been paid in 10 months. Thankfully SSD will start next week, hopefully, but there is no back pay with SSD for me.

I did start a thread a while back on STD/LTD appeals. The problem with attorneys is that the ones that handle SSD do not handle STD/LTD claims. STD/LTD requires knowledge of employment law and ERISA. Now I do not have much time left. They gave 180 days for the first appeal and only 60 days for this final appeal. I am gonna have to file it myself. But would like to have some good documents on RSD to send with my appeal.

I am so over all of this...

AZ-Di 10-01-2013 03:22 PM

Well, after 4 months I just got notice that my SSD was denied. So, Allanira I'm kinda like you. In about 2 pages of Gov.t B.S. they're basically saying "there's "something" you can do.
I understand what you're saying. My disability is my hand and arm. 1. I'm not released to go back to work. 2. I've used up all FMLA, sick time and short term disability from my job (I'm still on leave of absense). 3. My broken wrist surgery was screwed up so I can only type using my middle finger on that hand and only for short spurts or the RSD Roars!
That's why my posts on here are limited and I have to catch up.
I cannot keep the pace on my current job. If I apply elswhere, should I tell them I'll need frequent breaks, At least 1 day a week off for Dr. appts.nerve blocks etc., I don't always focus well because I must take meds. I might yelp in pain unexpectedly at times?
Anyway, I'll be forced now to hire an attorney to appeal the decision. My son is an attorney but that's not his field of law. No offense take Allanira LOL :):hug:

zookester 10-01-2013 03:28 PM

Quote:

Originally Posted by Nanc (Post 1019006)
Thanks Tessa. I spoke to so many attorneys, it is ridiculous! One guy would meet with me for a free consult, but didn't want my husband there or even in the waiting room...thin walls. Umm, no thanks! One guy I spoke to charged $2,000 to just look at my claim to see if I had a case. Then if he decided to take the case it would be 1/3 of the 6-month benefit...that would have been over $5,000. I went thru the referral process, one guy referred me to another guy, who referred me to another guy who referred me to the $4,000 guy. We met with him and he would only look at the denial letter and dr letters...he wouldn't look at anything else until the fee was paid. My husband asked him the odds of winning this type of case and he said "oh...50/50" those odds are not that good. He said the insurance companies are in the business to deny claims. We didn't feel good about it or taking the $4,000 gamble. If I had $4,000 to just throw away, I wouldn't worry about the appeal. My husband is furloughed again and I haven't been paid in 10 months. Thankfully SSD will start next week, hopefully, but there is no back pay with SSD for me.

I did start a thread a while back on STD/LTD appeals. The problem with attorneys is that the ones that handle SSD do not handle STD/LTD claims. STD/LTD requires knowledge of employment law and ERISA. Now I do not have much time left. They gave 180 days for the first appeal and only 60 days for this final appeal. I am gonna have to file it myself. But would like to have some good documents on RSD to send with my appeal.

I am so over all of this...

I know you are and I feel terrible. I just PM'd some more info that my strengthen your appeal. It sucks but at least you are one of the lucky ones that got SSI right away.

Count your blessings one by one ;)
Tessa


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