Can you change SSD attorneys in midstream? - Disabilities Message Board

goldyfm · 02-04-2008, 05:42 PM

I have 3 months of data, appointments, prescription trials, physical therapy, counselling, and new physicians and treatment records that the attorney has not requested, as a matter of fact, he has not even requested the info from me for him to start the process of obtaining records. I was told in November that he would be calling to request.

I am waiting for an ALJ hearing to be set now and should be hearing any day now of a date of hearing. I am over 20 months since filing for the hearing and I was told by my Senator that the time should be approaching. I wonder if it is in my best interest to acquire a new attorney or just wait it out and see what happens. I thought I had a gem in the beginning, but now I am wondering if this is the norm?

gagalabama · 02-04-2008, 06:24 PM

I can't really answer your question but I can tell you what happened with me. When I got the lawyer, they took all of that information and if memory serves me, they requested all that info up front. When I went in to see my doctors I asked them if the attorney had been in touch and they all said yes. Now everytime I go in I get an updated copy of my file and take it to the attorney (copy for myself too). I requested statements from all the pharmacys that I've used and they printed out all the drugs I've been taking. My appointment to see the lawyer are scheduled three months apart. My next one is Feb. 25th. He indicated to me back in November that I may have a hearing by my next appointment. I dunno...it's a short time til I see him. Everyone keeps saying "hang in there"....well I'm certainly hanging, but the noose gets tighter as the months go by. I had no idea that it was such an ordeal to collect disability. It's crazy !
My husband is retired and we are fortunate to have his pension coming in. If it wasn't for that, we'd probably be under a bridge somewhere. I get more and more shocked when I read about this disability mess. I've have almost thrown the towel in on several occassions but my hubby is my rock and keeps me going. So there you have it...I'm going to keep "hanging".....I hope everyone hangs in there. This country has no excuse for not taking care of us !

roses4lace · 02-04-2008, 10:57 PM

My attorney took all the medical records I had up front. I think they sent out a few letters to doctors so they'd have records from them all. Then he waited until he received a notice of the hearing date (it came a couple of months before the hearing). Then he sent a request for update to all the doctors. They told me doctors don't like getting multiple requests for updates. But he did have everything by the time of the hearing, except for one doctor, whom I had also asked for a letter several times and never gotten one. The clerical help responded to my lawyer saying I had never been treated in that office. End of subject. It was true. I was treated by him at a different office before his new building was finished! I found this out a few days before the hearing when I asked my lawyer whether each doctors response would help my case. I finally went to the doctors office 2 days before the hearing, and told the nurse I was sitting there until the doctor gave me a letter, or told me to my face he wasn't going to give me one. He did write the letter, and it was the one most quoted and used in the hearing. The attorney can't really MAKE a doctor give them information, so just be aware if anything is missing, you might have to step in.

goldyfm · 02-05-2008, 09:23 AM

I broke down and called the attorney's office today. I was informed that I will be looking at another 6 months wait at least in my state. There are over 62,000 cases backlogged here. I just want to cry.