"Disability Nightmare" cont'd. To get a lawyer or not?
By mentalward
@mentalward (14690)
United States
January 29, 2009 5:29am CST
I posted a discussion recently about my latest chapter in my 7-year struggle to get Social Security Disability because I have fibromyalgia, lupus, arthritis, IBS, CFS, etc. etc. etc.
I wrote to my Congressman about the horrors I've been through. Yesterday, I received a letter from him telling me he'll do all he can to help! He can't tell them to qualify me, but he said he would let them know he was "showing interest" in my case and would be watching the progression. He asked for my social security number and told me to call his assistant today with all the details.
How about that!?! I think it's cool as, well, you know what it's cool as! My hearing is coming up in 2 weeks, Friday the 13th of February.
Now, on to my question. The so-called 'lawyers' I had before bowed out of my case last year. Currently, I have no attorney. Do you think I should get a new one?
This hearing came out of the blue. No one at Social Security can tell me who asked for or ordered this hearing. I was told at my last hearing that it was my final appeal and I'd have to reapply for disability. I began the process of applying again, but never finished or turned it in.
So, out of the blue, I get a notice of this appeals hearing. I called them to verify it and, sure enough, I'm scheduled for this hearing! But, since my attorneys dropped my case last year, I'm left on my own.
Do you think it would be worth it to get another lawyer? A GOOD lawyer this time? (I used Binder & Binder last time... stupid me, hiring a "nationwide" law firm! They were worse than worthless!) I'm thinking a local lawyer would be much better this time.
I need advice from my myLot family, A.S.A.P.! Help!
3 people like this
13 responses
@pergammano (7682)
• Canada
29 Jan 09
Hopefully, now that you have appraised us of your situation, some-one in your state, near you will come forth with the name of lawyer/firm, that they had success with....a firm (or singleton)that is NOT afraid to take on Big Brother! And don't let them demean you, you are interviewing them, for the job!
1 person likes this
@capirani (2840)
• United States
29 Jan 09
I think keeping your Congressman involved is a great plus! No they cannot sway the decision one way or another, but they do keep the pressure on to keep the process working and not slowed down. When I did this, I got approved first try and my Congressman had contacted them at least 4 times in the 6 months process. Each time I also got a letter from his office stating that he had contacted the Soc. Sec. Admin. A friend of mine used Binder and Binder and it took her 4 years to get approved. These tv attorneys might be good but look at how many people they are taking on and where do you get put on their list of priorities? Good luck. I wish you well.
1 person likes this
@Thoroughrob (11742)
• United States
29 Jan 09
I would at least go talk to one. They will usually talk to you without a big fee. Ask them what they think. I am guessing that as soon as they find out that the congressman is looking into it, it will pass. I contacted our congressman over something with my sons denial of a medical waiver, and he wrote back and asked for all our info, and before I could send it in, I got a call saying that he was up for a smaller waiver, but I had been waiting for years. It seems that when someone higher up is contacted, things seem to happen. I think I would get the lawyer just in case, or at least talk with them.
1 person likes this
@dragon54u (31634)
• United States
29 Jan 09
A GOOD lawyer is worth his weight in gold. Ask around and interview a few lawyers, NOT a chain. I think you should have one but make sure he or she is one that expresses honest outrage at how you've been treated by SS in the past-you'll know that they will fight for you by their reaction. If you can't find one that isn't offended by your plight, you'll be better off saving your money.
1 person likes this
@moonlitmagikchild (22181)
• United States
30 Jan 09
thats funny they advertize here!! i stumbled upon mine.. i was getting a lawyer for my hubby and my lawyer was his lawyers associate so when he called me and was asking about my hubby for his associate he asked me what i did and i told him i was in the midst of filing and then he offered to represent me and then my hubby would be done by his associate and they gave discounts on both of us.. i thought it was kind of corny at first but then he was talking about how he worked for the social security disability place while he was going to law school and won me over.. i figure no matter what with my age going against me it couldnt hurt and he only gets paid if i win!! i say definitely go for it.. just make sure you get one that wont charge you unless you win
@mentalward (14690)
• United States
30 Jan 09
Binder & Binder advertizes all over the country! Now, how can two lawyers possibly represent everyone who calls in from all 50 states? I knew I was in trouble when they told me that the lawyer from their firm who was going to represent me at the hearing would be coming down from New Jersey!
And she WAS a flunkie! I never even met her until the day of the hearing! Never spoke to her on the phone or anything! The flunkies below her were doing all the talking and letter writing... they stamped on Charles Binder's name at the bottom (like I wouldn't know it was a stamp!). The only time he actually signed anything was the initial letter I received from them.
When I first saw the commercial with Charles Binder wearing that stupid cowboy hat (they're located in New York City... how a cowboy hat would look "natural" on his head is beyond me) I wanted to cry for ever seeing their name! But, I had already hired them. It's very hard getting rid of one lawyer to replace with another one and I didn't have the time to waste. I SHOULD have now... hindsight is always 20/20, huh?
@Chevee (5905)
• United States
29 Jan 09
Hi M.. I wish I could give you some advice on this matter however I know nothing about the process of disability, I trust you will do the right thing because you are a wise and knowledgeable person on solving problems and situation like this. I wish you all the luck and I will have you and your case being approved in my prayers.
I think getting a lawyer is good advice, and not trying to do it on your own.
1 person likes this
@eaforeman6 (8979)
• United States
29 Jan 09
Yes. I would get to checking and do some research on references and get a good one....I am so glad that your congressman is doing this for you. I think that you will get it now. I wish you all the best and hope its very soon.
@Debs_place (10520)
• United States
29 Jan 09
You poor thing, I assume you have supporting doctor's statements stating the you can't work.
I would get a lawyer...I have heard of the nightmares of getting disability and it sounds like you are one of them. Hopefully, someone can recommend one.
I see Binder & Binder commercials all of the time...that is too bad they were so awful.
@mentalward (14690)
• United States
30 Jan 09
Thanks, Deb. Yes, I have supporting statements, from 3 doctors, actually. I had them at my last appeals hearing, too. But, some administrator there kept telling me I could do 'this' job or 'that' job and my lawyer just sat there like she was retarded or something!
Yeah, Binder & Binder sent a flunkie to go to the hearing with me. The very first thing I noticed about her was that she had a large run in her stocking! I thought appearance meant a lot when in front of a judge!
I never even met this lawyer until I got to the place holding the appeals hearing! I had to tell Binder & Binder I was ready to sue THEM many times before we even GOT to the hearing because of the horrible way they handled my case.
When I first hired them, they told me it would take between 6 and 18 months to get a hearing date. I waited, somewhat patiently. I called them a few times during that time and they always gave me the same story. After 19 months, I called them. They said they'd call Social Security to see what was going on, then they called me back and informed me that Social Security did not have them as being my Attorney of Record, like it was Social Security's fault! It might have been, partly, but for Binder & Binder not to have called to find out what was going on for 19 months was inexcusable! It took another 11 months before I got a hearing date! Thirty months altogether... 2 and 1/2 years!
I think I found a great lawyer today. I've written to him and he wrote back and sounds very good. We're to meet on Feb. 4. I will keep looking around, just in case, but this guy does sound like he means business and that he KNOWS his business.
I'm just so frustrated by the whole thing! I'd LOVE to be able to work full-time. I've been called a workaholic many times in my life. I've worked since I was 14 years old with my first part-time job! I've worked 16 hour-days many times. Now, when I need help, AND have paid into Social Security all this time, they refuse to accept the word of 3 doctors, 2 of whom are specialists.
I can only do whatever I can and hope for the best. We shall see, huh?
@us2owls (1681)
• United States
29 Jan 09
mentalward I don't know where you ae at but I would definitely recommend getting a good lawyer because there might come a time when you need them again because Social Security could at some time in the future require you to be re-evaluated in order to continue drawing Disability SS.
@littleowl (7157)
•
29 Jan 09
Hi MW Congratulations!! Hopefully now you will win your appeal with thr influence of your Congressman behind you! Wish I could help about a lawyer, I hope that you will be able to get one who will help you...hugs littleowl
@Opal26 (17679)
• United States
30 Jan 09
Hey mentalward! I don't think that I really can be of much
help because I am in the middle of my first try to get
disability. But, since I am on Temporary Public Assistance
my Case Worker referred me to a firm that helps people on
Public Assistance for free and they have been handling all
the paperwork for me! I have a doctor's appointment tomorrow
set up by the State Board who makes the decision about
the whether I will qualify. It is a bone doctor tomorrow and
a Psychiatrist next week! If I don't get the Disabilty this
try they will appeal automatically. I know they work with
people from other states, but I don't know which states. Others
that I know had tried 3 and 4 times before they got it. Some
had lawyers. If you use a private lawyer it will cost you
money, but you will also get paid retroactive from the time
that you originally applied for Disability. My girlfriend
got a few years worth of back pay. Everyones case works
different. Since this Congressman is involved I think you have
a good chance of getting it this time.
@mentalward (14690)
• United States
30 Jan 09
I can tell you one thing, Opal, when you see that psychiatrist, make sure you "don't" remember anything he asks you if you remember! I was sent to one, too. He sat with me for no more than 15 minutes and determined that I was just fine and dandy because I could remember 2 out of 3 things he told me to remember when we first started talking.
He said, "Apples, oranges and fire truck (or something just as odd)". Then he told me to remember them. Then, he asked me about this and that and, near the end of the 15 minutes, he asked me if I could remember those three things. I answered with the apple and orange but I couldn't remember the fire truck.
I can only assume that, since I remembered apples and oranges, he determined that I could hold down any job I wanted because my memory was NOT affected. Forget the fact that I couldn't remember that really odd thing, the fire truck. (To this day I can't remember what it actually was, just that it was very odd and had nothing to do with fruit or round objects.)
They hire doctors who will testify on THEIR side. I honestly don't think the doctor I saw was actually a practicing doctor! He was OLD, and when I got to his "office", it was more like a small apartment, filled with boxes piled everywhere and all kinds of things you wouldn't think would be in a doctor's office. They hired him to recommend that I could work, simple as that. BE VERY CAREFUL!
I think I've found a good lawyer. He told me that he'll actually need more time to prepare for my case and will have to postpone this hearing. That sounds good to me! Not that I want to postpone it... again... but I want a great lawyer who will get me the disability services I should have been getting seven years ago!
All I'm waiting on now is a letter from those stupid attorneys, Binder & Binder, stating that they waive any and all rights to any fees associated with my case.
Good luck to you! I truly hope yours doesn't turn into a disability nightmare like mine has!
@MissAmie (717)
• United States
29 Jan 09
YES YES YES!! Get a lawyer. Social security is the worst place to deal with...well, besides the dept of human servics...
And thanks for the advice on Binder and Binder. I am currently trying to get disibility for my son who has Fragile X Syndrome (a genetic problem that causes mental retaration) and I had seen their commercials and didn't think they looked so bad. So they're worthless, you say?
My son hasn't been denied yet, so I haven't looked seriously at lawyers, but I do know one in my area that has a particularly nasty reputation (and by nasty, I mean he gets stuff done one way or another). Everyone I've ever talked to that has gone up against him in court hates his guts. That says something! =)
Good luck navigating the SSI system. Lord knows it ain't easy!
@twignig (19)
• United States
29 Jan 09
Yeah, get a local laywer. Get one with a good reputation.
My mother has been trying to get disability since July. She was in her second major accident in April of last year. This time she broke her hip and femur and arm. The real problem is her hip. She had to get a replacement. In her first accident she broke her neck but didn't apply for disability because it healed well. This time her walking is permanently affected. She cannot stand for a long period of time. Her hip and femur and back (she had back problems for a few years back), causes her to be on pain meds. She cannot function without them because the pain is so unbearable. The accident also caused brain damage. She has short term memory loss and has a very hard time applying for disability. They already denied her once for "lack of information." She reapplied already.
Now she doesn't have insurance. She told me she applied for medicaid already but I'm not sure if she did. She said something about it coming with disability but I have a hard time believing that. Her brain damage causes her to believe things happened when they didn't. But maybe she did, I don't know.
Anyway, she has no money WHATSOEVER, so she will not be able to pay for her meds wout insurance. Without her meds, she REALLY cannot function. She's literally incapacitated. So, if they were to deny her again, she would be left rotting on her couch.
It's a very dire situation.