disability lawyers - Disabilities Message Board

jfg · 06-10-2003, 11:15 PM

My brother in law is disabled due to being hit by a car when he was 12, he is now 40. He is able to walk, barely, and has not really been able to work because he is much slower at doing things than most people. His lawsuit $ has just run out and he is now quite desperate. He lives in CA and has been denied social security. Does anyone out there know of any lawyers he could contact or any aid that might be available? THANKS VERY MUCH!

franjo · 06-11-2003, 02:25 PM

JFG~

Keep appealing for Disability and don't let the appeal deadlines lapse. It's common to be denied a couple of times before getting benefits. I was denied 3 times, if I remember right.

The benefits, when awarded, will start from the date of his first application...so don't let the appeals lapse, or he will lose that retroactive payment and have to start all over.

I finally retained an attorney, one who specializes in Disability cases. They'll usually list their specialties in the yellow pages. The attorney will take a percentage of the final disability award, but I believe that having the attorney made all the difference in the end. Plus, you get the added benefit of knowing whether he has a good chance of approval....the attorney simply won't take his case if he thinks there's no chance for an award.

Keep appealing....consider an attorney....and hang in there. The denials are all a part of the process, used to weed out those who don't really need it.

Hope some of this helps. Good Luck!

~Teri

------------------
Spina-bifida occulta; Congenital Scoliosis (dextrorotatory and 'S' curve, 42 thorasic and 57 degrees lumbar); Meningomyelocele (split cord @ L1); Diastematomyelia (re-sectioned at L2-3); tethered cord @ S-3; cysts on cord; various developmental abnormalities of the spine: narrowing of all disk spaces, defects in posterior arches, ectasia of the spinal canal and dura, segmental disease, sclerosis in L. iliac bone and adjacent sacroiliac joint, unilateral osteitis condensans ilium, hypertrophic facet disease L4-5 and L5-S1.

Surgeries include, but not limited to:
Lumbar fusion-1968
Fusion with Herrington Rod instrumentation-1970
Femoral osteotomy-1971
Tethered cord release-1987
Rod removal-1987
Chiari-type pelvic osteotomy-1988
Trochanteric osteotomy-1989

jfg · 06-11-2003, 07:23 PM

Thanks\ for your suggestions. My main concern with Social Security is that my brother in law was 12 when this happened and he has never really worked for a significant amount of time. He really has been living on his lawsuit which has run out (most of it was lost many years ago due to very poor investing by his parents.)

Do you have any other suggestions for aid that might be available to him? I SO VERY APPRECIATE YOUR ADVICE!

franjo · 06-12-2003, 12:13 PM

JFG~

SSD is awarded to those who have, through their work, contributed to the SS system. SSI, on the other hand, if for those, like your brother IL, who haven't worked enough to qualify them for SSD. The benefits are smaller for SSI, but I think he should qualify for that.

Was he denied for SSD or SSI? If he was denied for SSD, then apply for SSI. Some people have said that they were required to apply for both. I can't remember if that was the case with me, I knew I'd qualify for SSD, had been working 14 yrs.

Contact an attorney. It probably won't cost you nothing for a consult. At least then you'll know where you stand as far as possibilities.

Let me know any developments. I wish you and your brother IL luck. Stay with it!

~Teri

[This message has been edited by franjo (edited 06-13-2003).]

jfg · 06-13-2003, 02:09 AM

Thanks Franjo. As a newbie, can you please tell me what SSI is? Thanks.