hi ... when I appealed (2nd time) this last April .. it took until Sept 9 to deny me again .. .due to my age (49) and that I have an education - I should be able to work a full-time position due to my sx ..

I now have an advocate that suggesting to appeal again (by the end of this month now) ... and to get an attorney .. she also told me that she's NEW to this and that she's just following the rules .. never really has worked with anyone about appealling ..

I know that I won't get a ton of money - do I have to go thru the humiliation of dealing with a lawyer? AND - it's to be a hearing! I don't get it?

I'm under the understanding that sure, I can get a lawyer to help - but not a hearing ... and then was informed that if after the hearing, I'm denied again - I won't be able to get any backpay from August 2007 or Jan 2008 (whichever they decide on when they first denied me) ...

I have to contact the advocate of my decision ... I just get so fed up with them ... I have less than $100 to my name ... and been doing side jobs for cash to survive .. and it's making me worse (the stress etc doesn't do me any wonders, that's for sure!)

thanks for listening!

Vonn,

I do not know how you got this far without an Attorney and it matters the kind of Attorney you have. I had an Attorney for my first hearing and was subsequently denied. I then found an Attorney that specializes in Social Security matter - what a blessing. She made sure all my medical information was up to date, got new physician information where it was lacking and we never even went to a hearing. I was given my Social Security based on the evidence without a hearing. Do yourself a favor get an Attorney that specializes in Social Security, they can only charge you so much but if you win it is worth every penny.

Ialso do not know where you heard the infromation about back pay, but here it is. From the date you became disabled to six months after that date you do not receive any benefits, that includes bakpay. However, the backpay then starts at that six month mark. Unless your date of being disabled has changed, the back pay goes to six months from that date. I received over 5 years of back pay when I finally won my case. It does not go your date of denial unless you started a new case after ther denial??

thanks, Georg.. this definitely clears up the waters ... going to call the NMSS on monday to see if I can find a lawyer that specializes with SS ...

thanks for your response!!

hello vonn, I am new to this board and I am also in the process of trying to get my disibility.
I just wanted to agree with georg and also add that there are many ssd lawyers out there..the trick is to find one that specializes in ssd..these lawyers will not charge you a fee upfront nor after if you are denied..on the other hand if you win your claim they do get a percentage of your back pay
it is no more than 5,000 dollars for their part in your claim..from what I understand once you win your claim ssd will normally pay your lawyer first out of your back pay that way you wont even miss it and you wont have to worry about paying your lawyer.

Some lawyers will also charge you extra for misc things they do..like make a phone call, faxes, ect..I would try to stay away from these lawyers because if you are denied your claim by an alj hearing judge you would still be responsible for these misc charges to your lawyer. So, just make sure it is one set price if you win.

also, one last thing; it is very important to hire a ssd lawyer to handle everything for you..it is a very LONG wait and Very stressful to say the least.
so dont feel embarrased! you will be paying them good money if they win your claim for you so let them do there job.
save your strength and sanity for the hearing and again the very, very long wait to get your answer.

good luck

thanks ...

I do now have a GOOD lawyer that's a bit miffed as to why I haven't been approved ... and he's working at 'going around' the system .. instead of a 'hearing' ... to approach it as a financial hardship issue ... due to the disease ...

now, I'm waiting .. waiting ... he said that it could still take awhile ...