[soccertese]

hi, would greatly appreciate any opinions about the law firm i hired to do my application.

i'm a 59 year old male, had a 1 person company for 20years where i installed pharmacy computer systems into retail pharmacies, did everything from installing, maintaining computers and writing the software.
was diagnosed in 2001 with parkinson's. stopped working in 2011 and applied for SSDI Nov1, 2013 and got a rejection on DEC 4th.
SS stated "The objective medical evidence prior to the date you were last insured for SS disability benefits on DEC 31,2012 is not sufficient to fully assess your potential work related limitations and abilitites. Therefore, a period of disability cannot be determined.

I can understand why SS determined this based on my application. I rarely see my neuro, exams are just a short visit and no formal testing, just a formality to get my RX refills authorized. When medicated, to the untrained eye I don't appear to have pd, medication works well. Unmedicated I have major pd symptoms, freezing so I take baby steps and halt, fatique, stuttering, disabled to the point that I just lay or sit down.

Anyway, I thought I might have a difficult time proving disability because I didn't have a clear record of progression on my medical records because my neuro always saw me medicated, my customers rarely saw me, I didn't allow friends to see me unmedicated and I live alone. Thus I hired a law firm to do the application and brought these issues up and they really didn't give me any odds on whether I'd get SSDI but I hired them anyway because they were recommended and I knew I couldn't do this application on my own. I went to their offices, brought them a detailed writeup of my history and concerns, medical records proving I was diagnosed 12 years ago. I had also visited my neuro and GP just prior to hiring the law firm to let them know i was filing for SSDI and they both said they would try to help the best they could. At the visit the paralegal asked me if i wanted to file right now and we did over the internet. She didn't care to see what my full medical records looked like or talk to my doctors to see what they had written, I assume she expected my initial application to be rejected so why work that hard?

So anyway, the law firm is filing an appeal. They sent me a list of questions to answer which I had already answered. It seems obvious to me I need to be examined more fully and unmedicated and have brought this up with the paralegal, will SSDI have me independently examined and she says she can't guarantee this. I'm getting a little worried here about how blase this legal firm is, maybe they don't get serious until there is a trial? Maybe they want to drag this out and get a bigger fee? I'm afraid to start complaining but I'm feeling like a number with these guys, any advice? I would think it would be hard to fire them but something seems weird here, so far they've filed the initial application, took about an hour in their officer to file on line while i was there and they emailed me a list of questions to answer after the rejection. i have sent them 2 emails subsequently asking questions about their questions and no response days later.

I'm thinking they just don't think I'll get approved until I go to trial so why put in that much effort until then or maybe they are just increasing their fee, i can understand that. But I also can't believe SSDI wouldn't approve someone who is clearly unable to work when unmedicated and 12 years after a pd diagnosis, who in the world would hire me at almost 60?

Any advice on dealing with this large local firm, dont want to alienate them and whether I should take the bull by the horns and schedule my own evaluation with another neurological organization that would do a more comprehensive evaluation?

[Hopeless]

Dear Soccortese,

I understand your concerns. As far as your representation,....... I too, thought there would be more involvement and interaction between atty and client. I have since learned that the common practice is to just gather info and then about a week or two before an ALJ hearing, the atty will review your file, maybe meet with you to discuss the soon to be held hearing, and the rest of the time, they just wait. This is common practice, not just YOUR representative. Most work exactly the same way. Wish I had known that up front as I would have had different expectations and less disappointment.

Another common practice is not to second guess SS and offer an opinion. If they do and things don't work out as projected, we would be on their case. Most attys will not take a case they feel has NO chance of winning as they are not going to devote any time to something that will not generate any income for them. They are paid out of your award benefits up to a maximum of $6000. The only items you will have to pay "out of pocket" will be for fees for obtaining medical records, postage, etc. Some attys charge the client for travel expenses to a hearing (gas), parking, etc. You were probably given a fee agreement to sign which is submitted to SS for their approval. It usually indicates the percentage of award benefits that will be paid to your atty and stipulates the max of $6000 from your benefits.

During your wait in the appeal process, your atty may obtain medical source statements from your treating physicians. Having your docs know that you have applied and that they are in agreement to assist you is extremely helpful.

One word of caution is terminology. Be sure you understand the terminology that is being used as there is much confusion over it.

There are many here with extensive info on disability that will be coming to your aid.

Good luck to you. I will be keeping an eye on your thread to see if there is anything I can offer in way of assistance.

[Janke]

Originally Posted by soccertese

hi, would greatly appreciate any opinions about the law firm i hired to do my application.

i'm a 59 year old male, had a 1 person company for 20years where i installed pharmacy computer systems into retail pharmacies, did everything from installing, maintaining computers and writing the software.
was diagnosed in 2001 with parkinson's. stopped working in 2011 and applied for SSDI Nov1, 2013 and got a rejection on DEC 4th.
SS stated "The objective medical evidence prior to the date you were last insured for SS disability benefits on DEC 31,2012 is not sufficient to fully assess your potential work related limitations and abilitites. Therefore, a period of disability cannot be determined.

I can understand why SS determined this based on my application. I rarely see my neuro, exams are just a short visit and no formal testing, just a formality to get my RX refills authorized. When medicated, to the untrained eye I don't appear to have pd, medication works well. Unmedicated I have major pd symptoms, freezing so I take baby steps and halt, fatique, stuttering, disabled to the point that I just lay or sit down.

Anyway, I thought I might have a difficult time proving disability because I didn't have a clear record of progression on my medical records because my neuro always saw me medicated, my customers rarely saw me, I didn't allow friends to see me unmedicated and I live alone. Thus I hired a law firm to do the application and brought these issues up and they really didn't give me any odds on whether I'd get SSDI but I hired them anyway because they were recommended and I knew I couldn't do this application on my own. I went to their offices, brought them a detailed writeup of my history and concerns, medical records proving I was diagnosed 12 years ago. I had also visited my neuro and GP just prior to hiring the law firm to let them know i was filing for SSDI and they both said they would try to help the best they could. At the visit the paralegal asked me if i wanted to file right now and we did over the internet. She didn't care to see what my full medical records looked like or talk to my doctors to see what they had written, I assume she expected my initial application to be rejected so why work that hard?

So anyway, the law firm is filing an appeal. They sent me a list of questions to answer which I had already answered. It seems obvious to me I need to be examined more fully and unmedicated and have brought this up with the paralegal, will SSDI have me independently examined and she says she can't guarantee this. I'm getting a little worried here about how blase this legal firm is, maybe they don't get serious until there is a trial? Maybe they want to drag this out and get a bigger fee? I'm afraid to start complaining but I'm feeling like a number with these guys, any advice? I would think it would be hard to fire them but something seems weird here, so far they've filed the initial application, took about an hour in their officer to file on line while i was there and they emailed me a list of questions to answer after the rejection. i have sent them 2 emails subsequently asking questions about their questions and no response days later.

I'm thinking they just don't think I'll get approved until I go to trial so why put in that much effort until then or maybe they are just increasing their fee, i can understand that. But I also can't believe SSDI wouldn't approve someone who is clearly unable to work when unmedicated and 12 years after a pd diagnosis, who in the world would hire me at almost 60?

Any advice on dealing with this large local firm, dont want to alienate them and whether I should take the bull by the horns and schedule my own evaluation with another neurological organization that would do a more comprehensive evaluation?

Your biggest problem is your date last insured for SSDI. Since it is 12/31/12, that means that between 1/1/03 and 12/31/12, you only have 20 credits out of a possible 40 which means you have years of no work or years of work with no profit. So the first question is how did you work for 20 years in your own business and not have significant profit in at more than 5 years of the last 10? Did you not filing tax returns when you should have? Did your condition reduce your hours? I am also curious about why you waited two years before filing your claim?

Getting a thorough examination in 2014 will not help prove that you were disabled enough by 12/31/12. It is the medical evidence from 2012 or earlier (which you say is minimal) that is important. If your attorney is not addressing this issue (whether now or at the hearing level), then you have no chance of qualifying for SSDI and the only disability program is available would be SSI, the low income program. SSI would use current medical evidence but you don't mention filing an SSI claim or what your current income is.

In my opinion, your attorney's office should be discussing your medical evidence from 2012 and earlier and asking the questions about why your date last insured (12/31/12) is in the past.

If SSA decides that you are disabled but not before 12/31/12, it is like having a car accident after your insurance lapsed - nothing will be paid from SSDI. This should all be addressed NOW and if your attorney won't do it, you need another.

[Hopeless]

Dear Soccertese,

Two other things I forgot to mention. I have learned that with some of the big firms, they do not even see or meet the client until they come face to face at the hearing. All communication is done by phone or written. You are ahead in that respect since you have at least met face to face with a paralegal.

The other forgotten matter in my prior post. Even though you have representation, the more proactive you are, the more you assist yourself, the better. It is YOUR claim and YOU are the one that will be impacted the most by the outcome, not the atty. They will have other clients upon which to earn their money. This is coming from my personal opinion only. It is based upon my own perspective and personal history with the legal system and attys. I also have "control" issues so I am not one to sit back and just let others "handle" things. Ask questions of your representative along the way, get advice from them, but do not just sit back and "hope" they are on top of things. You ARE not their only client and therefore correct in your feeling that you are a number to them. In many ways, you are just that. But, keep in mind, if you don't win benefits, they don't get paid so they do have some stake in the matter. Also, do some of your own research. The more YOU know, the better.

[Hopeless]

Dear Soccertese,

Janke is a fantastic source of information. He knows this stuff.

Hopeless

[LIT LOVE]

Janke covered the most important aspects of your case.

I find it odd your attorney office didn't determine your eligibility before having you apply.

If you are well enough to work while medicated, than it is unlikely that you'd be approved for SSDI. The "grid rules" go into effect at your age, but beyond those concessions for age, whether or not you'll be hired is not considered. But, these are non-issues until you prove eligibility.

Please read my post #45 in this link. http://neurotalk.psychcentral.com/thread148967-5.html

I think it will help.

[Jomar]

[When medicated, to the untrained eye I don't appear to have pd, medication works well. Unmedicated I have major pd symptoms, freezing so I take baby steps and halt, fatique, stuttering, disabled to the point that I just lay or sit down. ]

This part wasn't touched on and I am curious about it, medicated vs unmedicated and gainful employment - does it matter for SSDI?

Would it be similar to those in pain & on pain meds, if the pain meds work for them and if they are able to do gainful work or not?


If this is a sticking point the attys should have brought it up I would think anyway?

Is it one of the companies that only get paid if you succeed?
Or one that gets paid by the hour?

[MoMike]

The way my lawyer explained it to me was that medical evidence is what counts and until you produce the medical evidence your personal testimony doesn't mean too much. When you go before the ALJ he will weigh your medical evidence against what ever medical evidence the State has, if the State sends you to a Doctor for a medical examination. If the State does not send you to a doctor and your medical evidence is compelling then you win. If the state sends you to a doctor and the states doctor agrees with your doctor then you win. If the state sends you to a doctor and that doctor disagrees with your doctor then the judge will have to decide which version is more believable. That is when your personal testimony will make a difference, in that case your testimony can act as the tie breaker, If you personal testimony (and/or that of friends and family) is compelling, you win because your testimony breaks the tie, so to speak.

[soccertese]

Originally Posted by Janke

Your biggest problem is your date last insured for SSDI. Since it is 12/31/12, that means that between 1/1/03 and 12/31/12, you only have 20 credits out of a possible 40 which means you have years of no work or years of work with no profit. So the first question is how did you work for 20 years in your own business and not have significant profit in at more than 5 years of the last 10? Did you not filing tax returns when you should have? Did your condition reduce your hours? I am also curious about why you waited two years before filing your claim?

Getting a thorough examination in 2014 will not help prove that you were disabled enough by 12/31/12. It is the medical evidence from 2012 or earlier (which you say is minimal) that is important. If your attorney is not addressing this issue (whether now or at the hearing level), then you have no chance of qualifying for SSDI and the only disability program is available would be SSI, the low income program. SSI would use current medical evidence but you don't mention filing an SSI claim or what your current income is.

In my opinion, your attorney's office should be discussing your medical evidence from 2012 and earlier and asking the questions about why your date last insured (12/31/12) is in the past.

If SSA decides that you are disabled but not before 12/31/12, it is like having a car accident after your insurance lapsed - nothing will be paid from SSDI. This should all be addressed NOW and if your attorney won't do it, you need another.

you hit the nail on the head and this is an issue i have been trying to discuss with the attorney. i filed my 2008-2011 IRS returns in early 2013, actually got a small refund. unfortunately, the IRS was way behind in reporting my numbers to SS, didn't realize this and didn't notice until october 2013. at that point, brought IRS transcripts of my returns to the local SS office and asked them to record them. a week later i got my returns back in the mail from SS and on them was a handwritten note saying "you are disability insured with your alleged onset onset as 10/011/2011".

This was very puzzling and am waiting to talk to paralegal to find out if that's the date on my application. Anyway, SS rejected my 2008-2010 IRS returns as being filed too late. I had enough income in 2001 thru 2009 in each year to get credits but obviously not enough in last 5 years. So may be even more hopeless.
No excuse for not filing except had very complicated schedule-D's, i'll blame it on my parkinson's. I didn't file for SSDI in 2012 out of ignorance. I brought up the late tax filings at the first meeting with the attorneys, actually gave them copies of my returns thinking they wouldn't take the case without evidence that i had filed them. paralegal didn't say this would be a problem.

I called the the SS office that handled my SSDI application and discussed if there was anyway to get the 2008-2010 wages accepted by SS, they actually connected me to the examiner that handled my SSDI app and she said no but did give me a $$ amount that I was eligible for if I can prove that 10/01/2011 disable date. She asked me about the 2008-2010 wages but then kept correcting herself, saying they can't accept them.

Thanks for your reply, I need all the help I can get, thought hiring a lawyer on contingency would make things clear cut.

[soccertese]

Originally Posted by Jo*mar

[When medicated, to the untrained eye I don't appear to have pd, medication works well. Unmedicated I have major pd symptoms, freezing so I take baby steps and halt, fatique, stuttering, disabled to the point that I just lay or sit down. ]

This part wasn't touched on and I am curious about it, medicated vs unmedicated and gainful employment - does it matter for SSDI?

Would it be similar to those in pain & on pain meds, if the pain meds work for them and if they are able to do gainful work or not?


If this is a sticking point the attys should have brought it up I would think anyway?

Is it one of the companies that only get paid if you succeed?
Or one that gets paid by the hour?

this company only gets paid if I get SSDI.