Anyone win an appeal on SSDI w/out an Atty?

Discussion in 'Fibromyalgia Main Forum' started by Tattoopixie, Mar 11, 2003.

  1. Tattoopixie

    Tattoopixie New Member

    Am wondering if any of you have won your SSDI at an appeal or higher level w/out an attorney? Am just not wanting to give any of my hard-earned back-pay to them. Am so frustrated!
    Also-is it better to make a work attempt & fail or should I just stay unemployed? Any other tips/ideas?
    GRRRRRRRRR!
    Pixie
  2. JLH

    JLH New Member

    I won my SSDI upon my initial application without an attorney or anyone helping me submit the application! My case was also selected "at random" for an audit by our regional SSDI office and had to be sent to their district office in Atlanta for another review to see if they would make the same determination.

    I did not have to appeal at all. If you have already been denied and must appeal, I would get an attorney.

    As far as whether you should attempt to keep working, and possibly fail, or continue being unemployed, would depend upon your personal financial condition I would think. If you can afford NOT to work and you want to convince Soc. Sec. that you are unable, then I would not make the attempt. However, if you need the money, that's a different story.

    Edit: I'm sorry I misunderstood your question. I see now after reading your other post that you were denied and need the income NOW. I would definitely contact an attorney and seek his/her advice regarding trying to work.

    In the meantime, I would also copy what you submitted and your denial and write to your local representative of Congress, and state senator, and beg for their assistance, mentioning that you are living on a survivor's pension and your son is disabled and that you have just filed for benefits for him (and need assistance pushing his application through). I know a person that did this and they got their SSDI fairly quickly.[This Message was Edited on 03/11/2003]

    Edit Again: Read the post titled "Winning Your Disability Case in Three Words" . I had researched info on the internet prior to completing my application and had found this info from Scott Davis, a disability lawyer, and followed in advice on how I answered the questions. Read his article--it's really good.
    [This Message was Edited on 03/11/2003]
  3. rock961

    rock961 New Member

    After my first denial, I retained an attorney. In my case, I was happy to get them. I asked what their success rate was and I was told they win app. 85-90% of their claims. They are fighting for you, because if you don't win, they don't get paid. I was appointed the most notorous of all judges in my area for denials. I don't think he opened my file, just sent a denial letter. My lawyers then wrote the appeal at next step. This is where I really needed them. They deal strickly with SS cases and was able to point out the many many mistakes the judge made. The judge even had a vocational expert at my hearing who gave me a global functioning level of disabled and he still denied me. Luckily before my second appearence before the judge, he was forced into early retirement and I was able to go before a new judge who was fair and unbiased-two things my first judge wasn't. My second hearing took less then 5 minutes and I was awarded my ss.

    My ex-husband won his case first time in front of judge w/out lawyer and he won, and he's in alot better shape then I am. So I think it all depends on the judge (if it gets that far)Myself, I felt the lawyers were imperative to my case.And I wanted to be better safe then sorry.

    PS: If a judge even thinks you can work you are setting yourself up for denial.


    [This Message was Edited on 03/11/2003]