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03-23-2012, 07:27 AM | #1 | ||
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Elder
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Yes I believe this happened. I stated on a post that the system was broken and got one back saying how wonderful it was, since so many people do in fact get benefits. Well I didn't respond to that post, as I know different. I was on the recieving end of no justice, and lost every dime I had while I was waiting for their just reply. Now I will loose my home. The pres. said just last night he was worried for all those that are loosing their homes because of medical conditions, I would say he is a bit late on that one. I do hope that you get justice, and get your benefits. I am a bit bitter, as anyone is who has had to wait long years while this system drags its feet. They are out of money and that is the sorry truth. Keep up the fight, I am glad your attorney is now mad enough to fight for you. I will keep you in my thoughts. don't give up. ginnie
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03-23-2012, 08:45 PM | #2 | ||
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Magnate
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Ginnie, Janke was not claiming the system is perfect in that other post. But it isn't completely broken either.
It took me several years to get approved. Along the way my attorney did some questionable things. My local office lost paperwork. The national 800# gave me bad information. Instead of getting bitter, I learned how to safeguard against many of these things. I put my energy into learning what documentation was required for me to have a successful outcome. I expended so much energy providing information I thought was important, and just wasn't! Part of this is understanding the system. It means digging in to SS policies. It means being brutally honest about not only your abilities, but how you appear to others. Amusingly enough, I've been accused of being paranoid when I've given out advice to try and help people avoid problems I experienced... (If you have reports that are vital to your SSD application, walk them in to your local office. Have them provide you with a dated stamp on a copy, so you have recourse. They need to be submitted early in the process. It's better to gather all your documentation before you apply. It's better to understand what you'll need to prove before you apply. Approval is a complex medical/legal decision. Many people are successful after a 2nd or even 3rd application, because they finally provide the documentation that is required for a FF decision.) Social Security is grossly understaffed. It is an incredibly complex system. (And simplifying won't improve things IMO.) The appeals system is fair and works to check and balance. You can't blame SS for the cultural shift of entitlement. I will grant there is a weird sense that SS employees forget applicants have to survive while waiting on decisions. The reality is, if a person is in the application process, they need to apply for aid, get help from family, etc. (I started a thread that became a sticky on this topic.) I do feel the government "plays chicken" to see who will return to work rather than go homeless... Which is harsh. But they're not psychic. Janke is one of the most knowledagble posters in this forum and is here consistently, providing solid information. Anyone that wants to learn useful SSD info should research her posts, btw. |
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03-11-2012, 07:49 PM | #3 | ||
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Elder
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I know the problems with getting SSD. You are not alone in that. Most lawyers don't get any money unless you get approved. If you have to go to court, that may be the best option. I was turned down three times, and then with only a word or two at my hearing, I was granted the disability. These days it is hard than ever to get benefits. The system is overloaded. Your lawyer was suppose to keep things moving long, but submitting your paper work in a timely fashion, especially if you were given due dates. don't fear going to court. It may be what has to happen. I had to re-submit too, several times over. Also go to the Social Security forum if you get chance and start reading some of the posts there. There are people who know a whole lot more than I do about SSD. The system is hurting, and it is very slow in approving people. Sorry you are going through all this. I lost every dime I had while waiting for my benefits to go through. I certainly understand how you feel. There will be others to help answer you concerns. sunday is a bit slow, lots of folks are with their families. take care, you are not alone. ginnie
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"Thanks for this!" says: | oldcarp (03-11-2012) |
03-12-2012, 10:14 AM | #4 | |||
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Member
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I don't know the particulars of your case. IF you had been approved at this time, would your lawyer have received the MAXIMUM payment amount allowed by SSA? Sounds like your case is a "home run". In other words, WHEN you get to the ADJ, you most likely WILL win. And, THEN, your lawyer probably WILL get the MAXIMUM allowed. So, this feet dragging in regards to your records may be as simple as "somebody" just wanting to get as much money as possible.
My lawyer, bless his heart, was NOT like this. He got me approved in less than 3 months on reconsideration (2nd try) -- and got less than $1500 for his effort (25% of my backpay) -- worth EVERY penny!!!!!! (I think the lawyer max. allowed by SSA the year I got approved was in the $6000/$6500 range.) Honest, ethical lawyers ARE out there!! I think you'd probably be in a mess if you tried to change legal teams now -- but, I'm not a lawyer -- and don't work for the SSA. I just know that STRESS is bad for all of us. I'd have a "heart to heart" with your lawyer -- and LAY IT ON THE LINE. If this is what is going on -- you NEED to know. Maybe this is just LEGAL STRATEGY in your area -- maybe this is the way he/she was TAUGHT to handle disability cases.
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~jana |
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03-12-2012, 09:10 PM | #5 | ||
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Junior Member
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03-13-2012, 04:02 AM | #6 | |||
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03-13-2012, 09:41 AM | #7 | ||
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Elder
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Hi old carp. I know Don Too, we both have been through the ringer with stress over SSD. Your lawyer may indeed be dragging his feet. He has the ability to keep your case running smoothly through all the processing. He does indeed get more the longer it takes. some of these guys are out for money, that is true. The guy I had, I did keep in touch with to make sure he didn't drop the ball on me. I got documentation of what he did. If you feel this attorney is going slow, and is being unfair, you need to find another attorney. I know that is a pain in the butt to do, but it is better than waiting around for our current lawyer to push forward.
So sorry you are in the hospital. The stress from this is terrible, I know it. The situation made me sick too, I had Gerds the whole time and wound up with barretts esophagus, too much stress! I hope the both of you stay strong for each other. I wish our country had a system that didn't make you feel so bad while you go for the benefits you worked for. We earned this, and I know how bad they make you feel even after working all your life. Get out of the hospital, hug each other and go from there. Give each other comfort, and stay strong. ginnie |
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03-13-2012, 07:50 PM | #8 | ||
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Junior Member
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I sure wouldn't fire the attorney before I found another to help you out. I fired mine on another case (not SSI) and he slapped a 100K lien on my case. I don't think they will let him collect it as I can prove 24 (yes, twenty four) years of neglect and failure to perform. But it won't be easy or a walk in the park.
My sister had used another lawyer and just luckily he HATES lawyers who aren't up right. He loves to tackle abuse. I am taking the first one to the bar association. My sister's lawyer picked up my case. Pain makes you angry and impatient and tired and unfortunately some lawyers just take advantage of that. (mine tried to get me to sign a blank letterhead with no date and only a signature line... I should have fired him then..) Good Luck. MaLINDA Quote:
Last edited by MalindaK; 03-13-2012 at 07:51 PM. Reason: misword |
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"Thanks for this!" says: | dd in pain (03-13-2012) |
03-16-2012, 10:50 AM | #9 | ||
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Junior Member
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I have made some calls to attorneys in my area who do nothing but SSD cases. I called 2 different ones. When each of them asked who was representing me and I told them his name, they both had a long pause followed by "oh" and proceeded to tell me that each of their offices have had several complaints of him just like mine from his clients. They are willing to represent me as long as I get a release from him. So now let the truth be told. He IS an incompetent attorney as far as SSD cases are concerned. I have already set up an appointment with him this coming Monday morning and I will be pointing out all the blunders and mistakes that he has made and I am going to tell him the least he could do for his neglect and failure to perform is to grant me a withdrawl for my claim and any expenses occured. If he tells me no, I am going to tell him that I will be forced to report this situation to the bar association and the better business bureau and possibly my Senator and my Congressman. I really dont know what else to do. In my area it takes 13-14 months after denial to see a judge. By that time I will lose my house,car, and basically everything I own. I'm so PO'd right now I'm looking into a possible lawsuit against him when this is all said and done. What do you'all think? Thanks!
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03-16-2012, 11:16 AM | #10 | ||
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Elder
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Try and get your lawyer to withdraw from working on your claim without a law suit being aimed at him. I know you are P'O'D and I don't blame you. I don't want this idiot to ruin getting help fast with another "good" represetative. See what he says and don't lay into him. Just get him removed from your case. You can always write the state bar afterwards with your complaints. I don't want him to retaliate against you by refusal to withdraw. Just state, you would like to get another opinion and get released from his client base period. These kinds of people can get nasty, they don't have morals old carp, or a conscience on what they are doing to peoples lives. Protect yourself, and be mad later. I so wish you the best possible outcome, and a resolution to your attempts to get SSD. ginnie
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"Thanks for this!" says: | ladydeedee (03-24-2012) |
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