Any successes on filing without a lawyer for the second time around? - Disabilities Message Board

BlueAtlas · 02-13-2008, 07:58 PM

I just got my first denial letter today. It was a hard pill to swallow, even though I was expecting it. I know it's just about impossible to get it on the first try. But I was really upset to read their reasons. It's like they didn't even read that whole long packet I painstakingly filled out. They said I don't have problems sitting or walking around. I clearly documented that I do. I'm really upset. Today was a worse pain day anyway, and now this on top of having an already lousy day. I can't do normal recreational things --- I'll never go to a movie or concert again because I can't sit in the chairs, I can't do my own hobbies anymore, but they think I can work? Fulltime? I can't even work parttime!

Anyway, has anyone gone on for the appeal on their own without hiring a lawyer? I know it's customary to use a lawyer after the first rejection, but is there really a greater success rate at that level? Is it just as well to do it on my own? I'd appreciate input from you who are more experienced at this than I am.

Thanks!
Emily

kyma3 · 02-14-2008, 12:58 AM

Emily,
I am so sorry about the denial letter and I know how you feel. I agree that it seems like they don't even read the information we send back to them because it sounds like the denial letters all sound the same. Someone else will probably have to answer about the lawyer because of my situation with Long Term Disability I used a company called Allsup who was recommended by my LTD provider. I was in the process of checking with an attorney when I received my first letter from Prudential suggesting I use Allsup. I am waiting on a ALJ hearing at this time.

I want to wish you the best of luck and tell you to hang in there because they want you to give up. My neurosurgeon tells me I will get the disability but I would feel lots better if I had a letter from SS telling me that.

hessie28 · 02-14-2008, 02:58 AM

Emily, I don't know if an attorney helps or not but I got one for my appeal. I figure let him do all the work. It took a lot out of me applying the first time. I really did all the work for him when you think about it. Personally I think you have a better chance when they see an attorney's name. Although my attorney said I will probably not be approved until I go before a judge. I figured since I did not have to pay him out of pocket that it was worth it for me. My attorney only does Social Security so I figure he knows what he is doing. I'm sorry I did not answer your question. Just giving my opinion. I think we may have applied the same time. Can't remember. I applied in March 2007. Appeal filed the end of June.

deltaelise · 02-14-2008, 06:45 AM

I believe it's best to have a SS lawyer

Madalot · 02-14-2008, 07:53 AM

I guess I'm in the minority here. Where I live, the lawyers won't even discuss your case until you've been turned down twice. I appealed my first denial immediately and was approved on the reconsideration. But I was tenacious with them, calling them, asking if they needed more information, making sure they got it, etc. I even talked to the woman responsible for my reconsideration and was able to convince her that I cannot work.

But I really think what happened with me is very unusual.