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Old 09-15-2008, 05:49 PM   #1
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MOMOFBOYZ HB User
Attorney Question

What if my attorney is the one who filed late? Isn't there some way to get the process going again without completely starting over? He filed a motion to appeal the denial and told me I have to wait for one month or so to see if it worked. Didn't they drop the ball big time? The worst part is that ssi sent me the same papers that they sent the attorney and I even called saying do you want me to fill these out and send or you guys and they were insistant that they would be handling everything. I was denied in Oct last year and they didn't send the appeal until feb.

I was so irrate at first. Screaming and yelling and crying. Now the shock is over. But I am truly sick with fibro, chronic fatigue, buldging discs ect. I do not know what to do.
I did sign papers when I signed with this firm but am on a plan where they only get paid if I do. Can I pull my stuff and go elsewhere if the appeal gets denied for good? And I guess I should at that point. If that happens will that create a whole new file date? I am 2 yrs into this now!!!!!!!!!! So broke and sick and upset. I mean how often does your own attorney blow your case for you???

Concerned,
Deena

Last edited by HBMod07; 09-17-2008 at 07:46 AM.

 
Old 09-16-2008, 09:59 AM   #2
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Re:

My first lawyer blew my case.
I waited about 5 years and started all over with a different lawyer and had to wait a little over two years to get approved.

Last edited by HBMod07; 09-17-2008 at 07:45 AM.

 
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Old 09-17-2008, 08:02 AM   #3
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Re: Attorney Question

From my understanding there is really nothing an attorney can do to speed up the process of disability and They have to wait just like you do. I have filed 6 times for my husband who has a Tramautic Brain Injury he has been denied everytime. I had an attorney who I never heard from so I fired him, I wrote a letter stating I was not satisfied with the work he had done and that I wanted to terminate all standing agreements with him, but I have heard that sometimes it's better to just start a new claim This has been ongoing for 3 years now. Just about everybody gets denied the first go around. It has been a long process for me that I am still going through, Good Luck and I wish you the best!

Last edited by Brandi33; 09-17-2008 at 08:04 AM.

 
Old 09-17-2008, 12:44 PM   #4
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robink1954 HB User
Re: Attorney Question

I am 3 and a half years and counting in this process.
I have fired 2 lawyers. The first one was so old he hardly remembered my case at all. The second was far from prepared for my hearing, even the Judge noticed it.

Needless to say I lost both , but I am still fighting.
I filed a complaint with the bar on the second lawyer. Not only was he ill prepared, but he refused to communicate with me after the hearing.

I have not filed a new case. Then your onset starts over and you will lose your back pay when you do win. My opinion, that is why they advise you to file a new case. It saves them a lot of money.

 
Old 09-18-2008, 05:39 AM   #5
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Re: Attorney Question

I don't have much to comment on but it breaks my heart that folks are jilted by their own attorneys. I often think much of this is related to the limited amount of money they are allowed to recieve. Years ago they could charge anything, now they are limited to 25% or some 5k max unless you go to court. Always be sure you use an attorney who specializes in Social Security. Get referances as well. If you know anyone on SS ask who they used, how they liked them, how it went.

Many have written to their congressman when situations like this arise and it has made a difference, for the both of you, I suggest you do the same! Don't give up.

The one specific thing that does make a difference is how your doctor notates anything they have done to you. The more specific, the more details, the better luck you have. I can't stress this enough. When you can, always demand a copy of your records that are forwarded, you are allowed, by law, to have copies for your own personal use. Sometimes the problems isn't you or your lawyer or the system, it can be the doctor. I had a doctor tell me once that women shouldn't be on disability. Lets just say I don't go to him anymore. In fact his records were so poor I had to see SS's doctor who, lucky for me, was actually a fantastic doctor who understood my illnesses/diseases and indicated the "other" doctor was a bit out of line.
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