Filing for disability

[PrincessSuzanne]

Well, I am familiar with a few cases where they were rejected several times before an attorney entered the equation. Afterward, they were approved. If you hire an attorney who specializes in disability claims, they know the process like the back of their hand, whereas, going it alone most people are in the dark.

I fully believe one should seek an attorney and I will not back away from that position. Find an attorney who works on contingency fee basis. There will be no retainer fees like you'd see in many other types of cases. Like I said earlier, I am not super familiar with disability, but I believe there is a cap that an attorney is allowed to charge IF and only IF you receive benefits. Otherwise, they get nothing. I'm sure they'd know before accepting your case if you're likely to be approved, too. So they may be able to save you a lot of time if you simply wouldn't qualify. IMO, you really have little to lose by seeking one out and I'd be skeptical of anyone who tells you otherwise.

I just ran a quick google search and found this. There are 100s of other sites if someone doesn't like this one. Granted, it's a blog, but I chose it only because I like the way this nifty bit of info was relayed in such a simplistic manner.

A disability attorney will receive 25% of your back pay as a fee for representing your case. Currently, this amount has a maximum cap of $5,300; however, in June of 2009, this maximum cap fee will be raised to $6,000.
http://www.mysocialsecurityattorney-blog.com/tp-090309155804.shtml

So, what do you really have to lose?

Be skeptical if you wish, but this is what my company does and has for many years, we have employees in every state and we were trained by our Governmental Affairs Dept who worked closely with Social Security Admininistration to set up our training program. Our company is paid by the facilities that we are contracted with, not the patients we work with, and we in NO WAY receive any compensation from SSA.

We also have Representatives in our community that used to work for SS and will work with a client like an attorney, but I am sure they don't receives the same fees, for those who don't feel comfortable with an attorney. As I have said most of the attorney's, at least the ones in our area and I don't mean the crack pot ones, make the client do all the leg work anyway.

Suzanne

 

[N.Bailey]

Be skeptical if you wish, but this is what my company does and has for many years, we have employees in every state and we were trained by our Governmental Affairs Dept who worked closely with Social Security Admininistration to set up our training program. Our company is paid by the facilities that we are contracted with, not the patients we work with, and we in NO WAY receive any compensation from SSA.

We also have Representatives in our community that used to work for SS and will work with a client like an attorney, but I am sure they don't receives the same fees, for those who don't feel comfortable with an attorney. As I have said most of the attorney's, at least the ones in our area and I don't mean the crack pot ones, make the client do all the leg work anyway.

Suzanne

So why didn't you put the information in the thread? Why did you ask the OP to PM you? Perhaps others would be interested as well?

For the record, the cases I was referring to did involve a hearing.

 

[PrincessSuzanne]

So why didn't you put the information in the thread? Why did you ask the OP to PM you? Perhaps others would be interested as well?

For the record, the cases I was referring to did involve a hearing.

Because there is A LOT of information and it is easier to talk one on one with someone and get a feel for their issues, and each state is different in some of their programs and processes. I deal with AL and GA.

And at the time, I was busy doing something else and didn't have time to write pages upon pages of notes.


Suzanne

 

[N.Bailey]

Because there is ALOT of information and it is easier to talk one on one with someone and get a feel for their issues, and each state is different in some of their programs and processes. I deal with AL and GA.

And at the time, I was busy doing something else and didn't have time to write pages upon pages of notes.


Suzanne

A lot is 2 words.

Take the cynicism elsewhere. I don't have time for it.

 

[PrincessSuzanne]

A lot is 2 words.

Take the cynicism elsewhere. I don't have time for it.

Sorry, didn't know I was in spelling class

I will ignore that since you are not the OP, and I will be happy to assist anyone who would like it.

Suzanne

 

[minkydog]

Your Dh is a rare exception it's something like an 80+% initial denial rate even with people who are truly disabled.
Op the initial approval/denial can take 6 months. Then it can take another 3 years of appeals. Get a GOOD attorney right away. Do not try to file on your own.

It took us 3 years to get DH approved, with of course,the initial denial.DH has a lung condition that usually doesn't make people all that sick.So SS didn't give him the time of day. In his case, it has become progressive and eventually will be terminal. We retained an attorney who helped walk us through the process of gathering medical information. DH also had a wonderful lung specialist who just about turned back-flips to help him.

SS denies a LOT of people on the first round. Don't give up. /Reapply IMMEDIATELY. If you wait 60 days they close the case and you have to start all over. After you get denied, find an attorney. I have heard that some people don't do that, but I don't think DH would be on SSDI today if not for someone who knows a lot more about the system that we do. Be aware that the process can take 1-3 years, but once you're approved the benefits are retroactive.

My heart goes out to you. I've watched DH go through the same emotions--being unable to work, living with serious chronic illness, being tired and breathless pretty much all the time. Oxygen, 25+ daily medications. Can't sing or dance or play ball with the kids. Depression. It's a long hard road and you've paid plenty into SS over the years. I hope you get approved quickly.

 

[tonilea]

I helped my Dad apply. He has degenerative disc disease and a 30 year medical history of back problems. He should have gotten SSDisabilty several years sooner, but he kept going until he just couldn't go any longer. He was approved on first submission.

My Mom's was more complicated, she has multiple issues, heart problems (pacemaker), uncontrolled hypertension, migraines and anxiety/mental health issues. We contacted an attorney. She was denied on first submission, but approved on appeal.

Good luck to you. Six months ago, I was afraid I was going to have to file for disability (back problems), thankfully, I have improved dramatically.

 

[Cindy B]

Be skeptical if you wish, but this is what my company does and has for many years, we have employees in every state and we were trained by our Governmental Affairs Dept who worked closely with Social Security Admininistration to set up our training program. Our company is paid by the facilities that we are contracted with, not the patients we work with, and we in NO WAY receive any compensation from SSA.

We also have Representatives in our community that used to work for SS and will work with a client like an attorney, but I am sure they don't receives the same fees, for those who don't feel comfortable with an attorney. As I have said most of the attorney's, at least the ones in our area and I don't mean the crack pot ones, make the client do all the leg work anyway.

Suzanne

Sounds like Allsup..

I work for SS and the attorney fees are currently $6000.00 or 25% of past due benefits plus a user fee of $83.00. Older fees were $5300 / $79 userfee.

I do disability claims all day long. Attorneys do get paid for their services out of the claimants past due benefits and not an additional amount on top of the persons disability payments. It some cases, this attorney is directly paid out of the persons disability payments. In some cases, direct payment is not authorized so the claimant has to work out a schedule with the attorney.

I have done claims for non-attorney representation as well. Non -attorney do get paid the same fees as attorneys (I don't make the rules-- just enforce them!)

 

[kellydizfan]

My DH was laid off from work April 2005. We think it was due to his disability - Ataxia as he was unable to perform his job - Drafting. He can barely type - typing a sentance will take him several minutes and with mistakes - and his handwriting is really bad. He has been to numerous Neurologists, etc. over many years prior to the April 2005 Layoff. He had seen his dr's. and we spoke to them before we went the SSD route. They were aware of what we were doing and agreed that it was the best route for us as he will not get any better. He has gone downhill over the last 5 years. He now has to walk with a cane and stairs are hard on him, but we have some in our house - at some point we will need to move because of it. Without the cane he walks like a drunk. Speaking with him, it is sometimes hard to understand him unless you are used to it. We made an appt at our local Social Security Office. We went in and spent two hours with a very nice gentlemen who helped us apply - he did all the paperwork on the internet. We have three kids so that may have helped our situation. We received a letter that we needed to see a Social Security Dr. to be reviewed. We did that and within a week we were approved first try and no lawyer necessary. I think the whole process was 5 months from layoff to the first check. My DH is bored being home all day as the kids are in school. With him home, my kids are able to do much more than if we were both working. I guess all I can say is don't give up. I know many that have been turned down the first and second times. We were just lucky I guess but we had many dr's over the course of the years trying to figure out what is exactly wrong and had proof to show at the time of the paperwork. My friends brother who had terminal lung cancer, was denied the first two times. He past away back in June 2009. He suffered terribly. I would have thought he would have gotten it quick as he didn't have long to live - he ended up living longer than what they thought but suffered terribly. Good luck - any questions please let me know.

 

[Stitchfans]

Everything I have read so far does not sound too promising.

 

[Cindy B]

We made an appt at our local Social Security Office. We went in and spent two hours with a very nice gentlemen who helped us apply - he did all the paperwork on the internet. We have three kids so that may have helped our situation. We received a letter that we needed to see a Social Security Dr. to be reviewed. We did that and within a week we were approved first try and no lawyer necessary. I think the whole process was 5 months from layoff to the first check. .

So nice to hear a great Social Security field office story!!! (Usually I only hear bad ones)

As for five months, there is a five month waiting period that is set by Social Security. This five month waiting period is set by the date of filing the application. Of course, it goes without saying that that I see exceptions to the rule every time. The procedure guide says five months.. but of course there are always exceptions to the rule when it comes to Social Security

 

[JessicaR]

huckster I just wanted to share a link with you. Its a Spinal Disorder message board. I've been a member for many years and have received some excellent advice there in the past, as well as materials to research.

I am not knocking the advice given here just offering an additional avenue for information.

http://brain.hastypastry.net/forums/forumdisplay.php?f=251

I am sorry your spine issues have resolved to this.