somebody dropped the ball

ginnie · 03-13-2012, 09:41 AM

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

MalindaK · 03-13-2012, 07:50 PM

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:

Originally Posted by oldcarp

I just reveived a letter concerning my reconsideration and it says I am still not elegeble for SSD. January 31, 2012, I saw a Board certified occupational & enviromental DR who specializes in the Evaluation of Disability and imparement ratings. After a 2 hour examination and a 19 page report involving all my previous surgeries which include bilateral shoulder replacements, ( 3 surgeries) the last shoulder surgery involved nerve damage from the operation, 3 back surgeries, an MRI report that shows 3 herniated discs, 4 protruding discs, neural foramina stenosis at 4 levels, sciatica, facet arthropathy, loss of disc space at L5-S1, L4-5 and bone spurs. I have a PPI rating of 65%. When I saw my personal physician on Feb 29 2012 I asked him if he had heard from my attorney yet. He told me no and that he had been waiting to hear from him via letter or phone because he had read the report from the other DR and is in total aggreance with his entire report. I just talked with my attorney's secretary this past Friday 3-9-12 and told her my DR was waiting to hear from them and she said she would get a letter to him ASAP. After reading the letter further its shows that they never received the 19 page report OR the report from the EMG test OR the fact that I have been taking medication and counciling for depression since January 2012. I called and left a message with my attorney stating that I am outrged and demand some explination from him first thing Mon a.m. This could of ended at this reconsideration level if he would have sent ALL the proper documentation like he was supposed to. NOW I have to go to the AL judge to prove my case and I'm stuck with this worthless laywer. I heard if I fire him now it could cost me a lot of money which I dont have. What should I do????

oldcarp · 03-16-2012, 10:50 AM

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!

ginnie · 03-16-2012, 11:16 AM

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

Mz Migraine · 03-16-2012, 01:07 PM

Quote:

Originally Posted by oldcarp

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.

I would just go with the "you're fired" route. Remember, an atty works for you, not the other way around. Inform this atty that you want your complete medical file and an itemized bill. You will be responsible for OOP (out of pocket) expenses. So I strongly suggest that you go through the itemized bill with a fine tooth comb.

When you hire your next atty, give him/her a copy of your medical file. YOU KEEP THE ORIGINALS.

Quote:

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.

Visit & research online/library your local Social Service department. Check with them to see if there are any programs available that can help you out before you get to that point of losing everything. There are many federal, state & county programs out there that folks do not take advantage of. Your Senator and Congressman can also provide you with leads and/or call on your behalf. "It's not what you know it's WHO you know."

Good luck! You're going to need it!

LIT LOVE · 03-18-2012, 11:11 PM

You can't pay him out of pocket. If you fire him SS will split his fee with your new attorney. A new attorney might be less likely to take you on due the reduced fee... If you can get him to quit, then he loses all rights to fees.

These fees are actually fairly low for attorneys. Many of them have huge case loads. It's actually the paralegals or assistants that do the majority of the work. Every applicant needs to verify that everything is submitted in a timely manner regardless of counsel. -just a reality.

You might consider looking into non attorney SSD reps as well. They seem to frequently be more on top of things since they do all the work, and give one on one attention... They frequently are former SS employees.

ginnie · 03-20-2012, 08:28 AM

Did you get some kind of response? I did tap to you but never heard if you were able to get some help with SSD. I thought of you yesterday, I had gotten a post about SSD saying the system isn't in trouble. I will respond today and remind them not everybody is treated fairly in this system. Evidently they were approved without much difficulity. I hope you find a paralegal, that is what I had. I am sorry you are going through this. It is an awful process to go through, even if you work your whole life. I will be here to listen to you anytime. If you lived in my area, I would recommend my paralegal, who was kind, considerate, and worked tiredlessly for the whole time it took to get my SSD. Take care, ginnie

oldcarp · 03-22-2012, 10:28 PM

Quote:

Originally Posted by ginnie

Did you get some kind of response? I did tap to you but never heard if you were able to get some help with SSD. I thought of you yesterday, I had gotten a post about SSD saying the system isn't in trouble. I will respond today and remind them not everybody is treated fairly in this system. Evidently they were approved without much difficulity. I hope you find a paralegal, that is what I had. I am sorry you are going through this. It is an awful process to go through, even if you work your whole life. I will be here to listen to you anytime. If you lived in my area, I would recommend my paralegal, who was kind, considerate, and worked tiredlessly for the whole time it took to get my SSD. Take care, ginnie

OK You guys arent going to believe this. So i go to my attorney and tell them how displeased I was and I asked for a release. After a long talk we called the SSD office to see what happened to the critical documents that SSD said they never recieved. After talking with them, we found out that they DID recieve the documents and they decided to NOT use them in making their decision. We all looked at each other in shock! How could they do this?! So it wasn't my lawyer that dropped the ball, it was the ****ing SS office!!! Well I am keeping my lawyer and now I have a PO'd lawyer that is going to shove this right down their throats and put it in the ALJ's face. This should be illegal and I bet it is. Just shows you how crooked the system is and how all they care about is trying to save the government some money and not a persons needs

Janke · 03-22-2012, 11:05 PM

Quote:

Originally Posted by oldcarp

OK You guys arent going to believe this. So i go to my attorney and tell them how displeased I was and I asked for a release. After a long talk we called the SSD office to see what happened to the critical documents that SSD said they never recieved. After talking with them, we found out that they DID recieve the documents and they decided to NOT use them in making their decision. We all looked at each other in shock! How could they do this?! So it wasn't my lawyer that dropped the ball, it was the ****ing SS office!!! Well I am keeping my lawyer and now I have a PO'd lawyer that is going to shove this right down their throats and put it in the ALJ's face. This should be illegal and I bet it is. Just shows you how crooked the system is and how all they care about is trying to save the government some money and not a persons needs

What was the date of these critical medical records? When were these exams done? What is the date of your application and your date last insured?

Do you think it is a good idea to take your anger out on a person (ALJ) who had no part in whether or not your medical records were previously considered, especially when that person will be responsible for making one of the biggest decisions that will impact the rest of your life?

I am not going to say whether or not your righteous indignation is warranted, but perhaps it should just be expressed in your lawyer's office or within the walls of your home. Why would you want to irritate the ALJ? Did he lose your records? Can he change the past?

Your life, your decision.

ginnie · 03-23-2012, 07:27 AM

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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