advertisement
Reply
 
Thread Tools Display Modes
Old 01-17-2011, 12:52 AM #11
Jomar's Avatar
Jomar Jomar is offline
Co-Administrator
Community Support Team
 
Join Date: Aug 2006
Posts: 27,687
15 yr Member
Jomar Jomar is offline
Co-Administrator
Community Support Team
Jomar's Avatar
 
Join Date: Aug 2006
Posts: 27,687
15 yr Member
Default

Did you do a search for tips or how to write a letter of dire need?

I found this -
http://www.ehow.com/how_5960580_ssa-...dire-need.html
__________________
Search NT -
.
Jomar is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
Rickey (01-17-2011)

advertisement
Old 01-17-2011, 01:44 AM #12
legalmania legalmania is offline
n/a
 
Join Date: Feb 2010
Location: The nicest and cleanest city in Georgia
Posts: 440
10 yr Member
legalmania legalmania is offline
n/a
 
Join Date: Feb 2010
Location: The nicest and cleanest city in Georgia
Posts: 440
10 yr Member
Default

Hey rlj,

Have you tried calling your local welfare office. They may be able to hook you up with agencys that can help you with your lights, food stamps, ect. I know a lot of people are embarrassed to do this but if you are hungry and you need help with your lights you should give it a shot. There are also a lot of food banks that are willing to help people in your position. Make sure to mention you are a vet.
Before firing your attorney I would make an appointment with your local SS office and go in and see exactly what has been done. Your attorney may be further along than what you think. If you start all over it's going to take more time. If you find nothing has been done write a complaint to the bar in your state. The bar will call him and ask what is being done, and he will know you mean business.
I have found once you're in the system then you basically have to wait. There are thousands of people out there who are waiting along with you. A letter of dire need only qualifies if you are terminally ill, homeless or if someone is in jail. Good luck to you and it's not hopeless just timely. Please read below.



Submitting Dire Need, Terminal Illness requests, or information regarding incarcerated individuals

1.
NOTIFY THE HEARING OFFICE WHEN THE CLAIMANT HAS A TERMINAL (TERI) CONDITION, IS HOMELESS, OR IS IN DIRE NEED, AND INCLUDE APPROPRIATE DOCUMENTATION SUPPORTING THESE ALLEGATIONS.
Notifying a hearing office of these circumstances can significantly expedite the processing of a case, if the allegation is supported. The criteria and reference links for critical case processing can be found in our provisions in HALLEX I-2-1-40 (Critical Cases).

2.
WITH THE REQUEST AND DOCUMENTATION SUPPORTING THE ALLEGATION, SUBMIT UPDATED EVIDENCE SUPPORTING THE CLAIM FOR AN OTR REVIEW.
If a dire need case can be awarded without the need of a hearing, this works to the advantage of the claimant and the hearing office.

3.
IF CLAIMANT IS INCARCERATED, PROVIDE THE HEARING OFFICE WITH THE ADDRESS OF THE FACILITY AND THE RELEASE DATE.
There are many difficulties that arise when an individual who has requested a hearing is incarcerated. For example, if an in-person hearing must be conducted, there are varying rules and procedures depending on the facility in which the claimant is incarcerated. Some claimants are transferred after a hearing has been scheduled but before the hearing has been held. For these types of reasons, it is very important that the hearing office is apprised at all times of the status of an incarcerated claimant.
legalmania is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
Rickey (01-17-2011)
Old 01-17-2011, 01:59 AM #13
Janke Janke is offline
Member
 
Join Date: Sep 2008
Posts: 686
15 yr Member
Janke Janke is offline
Member
 
Join Date: Sep 2008
Posts: 686
15 yr Member
Default

Quote:
Originally Posted by rlj1959 View Post
Thanks Kitty,
I really couldn't stand too many more bites at this point in time. When and if I ever do get a hearing, I will make it very, very clear to the judge that this lawyer has done absolutely nothing to help me, not even a phone call. I think I am going ahead with the Letter of Dire Need myself, I think I have to send it to the Social Security Hearing Arrangement Office in Mobile Al. If anyone actually knows where to send it, please let me know. I guess if anyone there takes the time to read the letter, they will then give it to the ALJ and he will make a decision as to whether or not he will expedite my hearing. Everything I have stated in this reply is stuff I have found on the web, I truly have no idea if it will work or if they even consider a Letter of Dire Need in the state of Alabama. I did ask the lady at the social security office the other day and she knew nothing about it. She had never heard of it. But anyway, all they can do is approve or disapprove it.
I think you should read the contract you signed. Although I agree that it is not a good business practice, your agreement with the attorney may not reference anything about calling you back timely or writing a dire need letter for you. If you do fire this attorney, he can petition for costs and the amount of time that he spent on the case. If you continue under the contract, the attorney may be entitled to 25% of the retroactive benefits no matter whether he worked hard or not. If you don't want to have SSA enforce the contract that you voluntarily signed, you need to get out of it. One of the things you pay an attorney for is expertise and knowing when and how to make an argument. There is not always much that can be done to move you to the front of the long line of people waiting for hearings, unless the attorney writes a persuasive brief and gets an OTR (On the Record decision) without a hearing.

Since you are unhappy with the person you hired, you should interview a few others to figure out who you might want instead. Any rep who can guarantee an approval or that they can get you moved ahead is probably not telling the truth.
Janke is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
Rickey (01-17-2011)
Old 01-17-2011, 10:38 AM #14
Rickey Rickey is offline
Member
 
Join Date: Jan 2011
Location: Alabama
Posts: 125
10 yr Member
Rickey Rickey is offline
Member
 
Join Date: Jan 2011
Location: Alabama
Posts: 125
10 yr Member
Default

[QUOTE=Jo*mar;735563]Did you do a search for tips or how to write a letter of dire need?


Thanks Jo*mar,
Yes, I have searched every where and I did read the page you have listed.
Rickey is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
Jomar (01-17-2011)
Old 01-17-2011, 12:09 PM #15
Jimking Jimking is offline
Member
 
Join Date: Mar 2009
Posts: 879
15 yr Member
Jimking Jimking is offline
Member
 
Join Date: Mar 2009
Posts: 879
15 yr Member
Default

Does your lawyer advertise himself as an expert in SS law? Did you read your medical records from VA that went to SS? Was it 2009 when you applied for SSDI? if so how many rejections have you gotten? As mentioned before check out your local welfare agencies for help and above all contact your congressman.
Jimking is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
Rickey (01-17-2011)
Old 01-17-2011, 01:14 PM #16
Rickey Rickey is offline
Member
 
Join Date: Jan 2011
Location: Alabama
Posts: 125
10 yr Member
Rickey Rickey is offline
Member
 
Join Date: Jan 2011
Location: Alabama
Posts: 125
10 yr Member
Default

Quote:
Originally Posted by Jimking View Post
Does your lawyer advertise himself as an expert in SS law? Did you read your medical records from VA that went to SS? Was it 2009 when you applied for SSDI? if so how many rejections have you gotten? As mentioned before check out your local welfare agencies for help and above all contact your congressman.
Yes he does on the lawyer. I did not see the actual records that social security got from the VA. I really didn't know that I could request to see the records they used in their decision. I did apply in 2009 and I have been denied 1 time.
Rickey is offline   Reply With QuoteReply With Quote
Old 01-17-2011, 06:08 PM #17
Rickey Rickey is offline
Member
 
Join Date: Jan 2011
Location: Alabama
Posts: 125
10 yr Member
Rickey Rickey is offline
Member
 
Join Date: Jan 2011
Location: Alabama
Posts: 125
10 yr Member
Default You guys ain't going to believe this!

My lawyer must be watching this forum, he actually called me today. He finally told me that SSA made their decision on my case for only one of my medical problems. They only judged on my COPD, none of the other problems were even looked at. They only got records from the VA pertaining to COPD. My COPD is a doctor diagnosed problem and I do have to keep an inhaler around for it but it didn't keep me from working. I asked the lawyer why they did this and he told me that the doctor that SSA sent me to for the normal physical told them that the COPD was the only thing he found of any concern and that it was not severe enough to warrant disability and I won't argue that point. But I couldn't even do the squats and toe stands he asked me to do because I couldn't bend my leg and he tells SSA that there is nothing physically wrong with me. I honestly believe that SSA pays these doctors not to find anything. I wish I was able to go over to his office and hit him up side the head with my crutches.
Anyway, my lawyer made out like he knew nothing about the knee replacement after all the nasty messages I left him. But he thinks that with all the medical records, and x-rays pertaining to the knee replacement and a form filled out by my orthopedic doctor, that we might stand a chance of getting the case reviewed immediately and overturn the decision. He quoted to me something that I had already found from SSA's own rules of qualifications. The rule states that the impairment of a weight bearing joint that has lasted or is expected to last 12 months is qualified for disability. This problem has kept me from working for 18 months now and it is no where near being resolved. I believe this puts me over the qualification limits set by SSA and the lawyer does too. I pray to god this don’t turn out to be another one of his tricks to get my hopes and confidence in him back up. I would be really PO’d.

Last edited by Rickey; 01-17-2011 at 06:17 PM. Reason: mis spelling
Rickey is offline   Reply With QuoteReply With Quote
Old 01-18-2011, 08:08 AM #18
Jimking Jimking is offline
Member
 
Join Date: Mar 2009
Posts: 879
15 yr Member
Jimking Jimking is offline
Member
 
Join Date: Mar 2009
Posts: 879
15 yr Member
Default

rlj1959, If I were you I would retrieve all medical records pertaining to your case. They are your files and you have a right to see them and read them carefully yourself not just your lawyer. They must state you can not work currently either directly or indirectly otherwise you'll most likely fail. It sounds like you've been rejected twice and have not had your day in front of a Social Security judge yet. If this is the case your two rejections are quite common, happens to most people. You must take control of those records and move the doctor reports into your camp if you are infact totally disabled. There are tests you can take that will show your limited ability to function at a job. It's called an FCE test---google it and read about it carefully. If it is something you may persue talk to your lawyer first. Also SS will send you to doctors they contract with. Has this happened?
Jimking is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
Rickey (01-18-2011)
Old 01-18-2011, 09:59 AM #19
Rickey Rickey is offline
Member
 
Join Date: Jan 2011
Location: Alabama
Posts: 125
10 yr Member
Rickey Rickey is offline
Member
 
Join Date: Jan 2011
Location: Alabama
Posts: 125
10 yr Member
Default

Quote:
Originally Posted by Jimking View Post
rlj1959, If I were you I would retrieve all medical records pertaining to your case. They are your files and you have a right to see them and read them carefully yourself not just your lawyer. They must state you can not work currently either directly or indirectly otherwise you'll most likely fail. It sounds like you've been rejected twice and have not had your day in front of a Social Security judge yet. If this is the case your two rejections are quite common, happens to most people. You must take control of those records and move the doctor reports into your camp if you are infact totally disabled. There are tests you can take that will show your limited ability to function at a job. It's called an FCE test---google it and read about it carefully. If it is something you may persue talk to your lawyer first. Also SS will send you to doctors they contract with. Has this happened?
I may have been a little excited in my last post and didn’t make it clear. I do have access to all my records at any time from the VA. I didn’t actually know why SSA denied my claim until my lawyer told me yesterday. SSA some how made a very large mistake from my initial claim. They act like I was filing for disability only because I have COPD. That was the only records they requested from the VA was about the COPD. I now have a Very Large box with 2500 to 3000 pages of medical records. I have no idea why this happened unless they based their decision solely on what that quack doctor they sent me to for the consultative physical told them. I could not do all the bending, squatting and other exercises that he wanted me to do because of my knee yet he reports to SSA that there was nothing physically wrong with me. I have gone to this doctor several years ago because of my seizure disorder; he has treated me for it and prescribed medicine for it before the VA took it over. Try to tell me that ain’t fixed. I had to quit working and file for disability because of my knee and some how this was overlooked by SSA. I have several medical problems; some of these medical problems include degenerative arthritis in all my joints. Cervical arthritis in my neck. Cholesteatomas in both my ears (I have to wear hearing aids), COPD, grand mal seizure disorder and several other problems including the problems with the left knee. Everything was included on my initial claim and all but one was ignored. I don’t understand how the law will allow SSA to base their decision on the findings of a doctor during a 30 minute physical. A doctor that most people probably have never even been to and this doctor has no clue about your health. They don’t take x-rays or do any other kind of special test to back up your claim. They take his word over several doctors of a very highly rated VA medical center and years of medical records. I see I’m rambling again. Anyway, I sincerely appreciate each and every reply to this situation I’m in. I appreciate all the support and advice given to me. I will keep you all posted over the next few months about everything that is going on.
Rickey is offline   Reply With QuoteReply With Quote
Old 01-18-2011, 12:04 PM #20
don1956's Avatar
don1956 don1956 is offline
Member
 
Join Date: Aug 2010
Posts: 287
10 yr Member
don1956 don1956 is offline
Member
don1956's Avatar
 
Join Date: Aug 2010
Posts: 287
10 yr Member
Default

Quote:
Originally Posted by rlj1959 View Post
I do live in Alabama; I was in Texas driving over the road when I had the wreck. They say if I try to fire that lawyer that he can hit me up for fees. I really don't know of any fees he could charge as he hasn't done any thing. I got all my medical records myself and took them to his office. He just simply told me that he knew all the social security lawyers and judges here in Alabama and that he could get quick results, in other words he lied to get me to sign the contract. I just don't understand it, we the people of this country vote for and elect people to run this country and to protect our rights. We pay very high taxes and social security from the time we are old enough to work. These people we voted into office have the right to take our tax dollars and use it to bail out big corporations without even asking us. Then they sit back in their big chairs while one of their organizations (social security) jerks people around about getting what is rightfully theirs. I'm no politician and I really don't follow politics that much. The point is, why do the people we elected to office just sit back and vote themselves in a new pay raise every year and then watch social security destroy people’s livelihood, their dignity, their pride and anything else they might own. My wife has been drawing her social security since she turned 62, she has not gotten a cost of living increase for the past 3 or 4 years but the government hasn’t missed a year without a pay raise. I know there has to be rules to decide who is eligible and who is not, but I don’t see why it should take from a 1 1/2 to god knows how many years to decide. These social security offices are all state run, why doesn’t the state government try to put people that need jobs and are able to work to work in these offices to help with the backlog. I guess I’m just rambling because of my situation. Sometimes I think about just sticking a gun in my mouth and pulling the trigger. Or maybe say to hell with all of it and move to Mexico or Canada.
hello friend and fellow "Vet"just want to say i/we all feel your pain.just look at some of the posting i put upit reads the same as yours and as everybody else's.but also what we all have in common besides going thru the pain of "SSDI".is that we all are here to lend and ear and support.you'll find how such alittle thing like that means a whole lot.i know we are strangers,but we care and as for the "Gun"dont think your the only one who also though of that...we all have....if you just want to just vent your feeling,me and a young lady here by the name of "LegalMania"has set up a section just for that
don1956 is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
legalmania (01-18-2011), Rickey (01-18-2011)
Reply


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Got a letter from a friend of a friend last heard from 15 or so years ago Mari Bipolar Disorder 6 01-21-2010 03:21 PM
Dire diagnosis BobbyB ALS News & Research 0 08-29-2008 08:55 PM


All times are GMT -5. The time now is 02:41 AM.

Powered by vBulletin • Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.

vBulletin Optimisation provided by vB Optimise v2.7.1 (Lite) - vBulletin Mods & Addons Copyright © 2024 DragonByte Technologies Ltd.
 

NeuroTalk Forums

Helping support those with neurological and related conditions.

 

The material on this site is for informational purposes only,
and is not a substitute for medical advice, diagnosis or treatment
provided by a qualified health care provider.


Always consult your doctor before trying anything you read here.