To whom are you lying? Are you lying to the unemployment office when you tell them you are ready, willing, able, and actively seeking employment? Or, are you lying to the Social Security Administration when you tell them you cannot perform any type of gainful employment? Obviously, you cannot be telling the truth to both agencies.

Your post did not explain how your medical condition(s) prevent your performing some types of work. Bulging discs, and past, or future surgery may/may not meet the SSA standards. It will depend upon your age, education, past work experience & how your condition(s) restrict your ability to function. How many times have you been hospitalized or gone to the emergency room for asthma in the past year? If your asthma did not require this type of treatment, it will probably not be considered severe enough to meet the SSA definition of complete and total disability. Does the oxygen allow you to sleep and be rested so you can perform work the next day? What do the pulmonary function studies show your lung capacity to be? What is your oxygen saturation? What causes the breathing problem – obesity or COPD?

If all you are looking for is your attorney fees why discharge him and go about your business without going to the judge. If you are awarded Disability Insured Benefits based on your payment of disability insurance through your FICA taxes you will automatically be given payments back to any date the judge establishes you were disabled. (Certain time limits exist – ask your local Social Security Administration office.) If you are awarded Supplemental Security Income (welfare) benefits you will automatically be given payments back to the month you applied or the date the judge says your condition caused you to be unable to perform any type of work – whichever is later.

Sounds like you and your attorney have a lot to discuss before you see the judge.