Attorney said I I don't have a case

Discussion in 'Fibromyalgia Main Forum' started by puffy1, Aug 29, 2006.

  1. puffy1

    puffy1 New Member

    Help I am so rustrated right now. I contacted a disability attorney that is close to where I live.

    First I called and left a message on his voice mail I watied for a couple of days didn't hear from anyone so I called again today and left another message.

    a woman called me back asked me some questions wanted to know waht test I have had done for fibro I told here the only one I ever had done was the 11 to 18 tender points.

    Thats the only one I know of she told me there were other test??? she wanted to know when was the last time I went to the doc I told her I had been to the ruehmatologist redently but that was about all inabout a year.

    she told me that was not enough and that I didn't have a very good case. she was very abrupt and she would not let me get a word in edge wisr she kept cutting me off.

    said she would have John call me thats the attorney but he never did. What should I do now?

  2. tracii

    tracii New Member

    Call another attorney.

    I'm so angry because I went to the SS office years ago when I actually became disabled. The woman sat there, looked me dead in the face & told me I had to have not worked at all for a year straight before I could apply.

    Didn't have internet then & had a very bad therapist that gave me very bad advice. Now I have to attempt to get all my old medical records, I don't even remember the names of all the doctors I saw! Especially the 1st shrink I ever saw. On top of it all one insurance co went bankrupt, my fav shrink had his license taken away. I have no idea how to get any of these records. I have to prove I was disabled from back then. Should I get a lawyer??

    Good luck to you!
  3. Vette

    Vette New Member

    Have you even done your initial application yet? You "can" get an Attorney right from the start but you will probably have to do most of the legwork anyway for the first denial. It is best to have an Attorney who understands Fibromyalgia and who specializes in Disibility cases. There are not test that will come up "positive" for FMS, the test needing to be done would be to rule out other illness that may be treatable that might explain your symptoms. I believe that is what the testy woman was speaking of. Many of us have been tested for everything from Mono to Lymes disease, Lupus, Multiple Sclerosis and on and on, & that is just blood testing. I've had C.T. scans, breathing test, sleep studies, EMG & many other's to get to be denied twice and just now have a hearing set up after applying nearly 3 years ago. Have seen many Doctors too since the 1st. Rheumy that said "Fibromyalgia" by doing only pressure point test. It is a big fight to get there.
  4. puffy1

    puffy1 New Member

    get an attorney now I watied I am now awaiting a hearing date I have been turned down three times and requested a heating now this lawyer is telling me that because I did work most of thime i had it that that is not good.

    and she says becuse I haven;t gone to the doc every month for a year that that is not good either so what the heck. She also mentioned some spacific test like a blood test and a heart test. I told her I did not know what she was talking about.

    I said I have always been told there was not blood test. She also said she was reading off some list she had in front of her.

  5. puffy1

    puffy1 New Member

    it is true I have not had a lot of those test done for one reason or another they either were not offered or I did not have the money to pay for them.

    I have had lots of blood test done and I had a bunch of test done for abdominal problems which shoed I have a hiatel hurnia and barrets esphogus and fatty liver. but that about it.

    I don't have insurance to been having everytest under the sun done so am I scewed???
  6. JLH

    JLH New Member

    You should go ahead and complete an application for SSDI, without an attorney.

    You DO NOT NEED an attorney to complete an application. In fact, most attornies will tell you not to even call them until you get turned down the first time.

    Complete it, then if you get turned down, contact a DIFFERENT lawyer!

    I completed my own application and mailed it in. I was lucky and it was approved on my first application and I had my first check in four months.
  7. mrdad

    mrdad New Member

    I agree with jlh and her suggestions. Think you should
    go ahead and apply on your own. Many people on this
    Board have had experience with the SSA and can answer
    or guide you toward resources to help you. Do you have
    serious liver problems? You mention a fatty liver in your
    Bio. and it may be responsible for many of your problemd
    and can be a legitimate issue for help. My case revolved
    around my liver problems.

    Just some thoughts,
  8. puffy1

    puffy1 New Member

    I am confused or you misunderstood me not sure I have appiled. I have been turned down 3 times each time I appealed.

    Now I have requested a hearing and am awaiting a hearing date. They told me when I requested the hearing that it would take a year before I even hear when a hearing well be held.

    It well have been a year this nov. But I have been told by others that it well be hard for me to win my claim without a lawyer. And I recently read that I could get turned down at the hearing and have to appeal that too.
  9. mrdad

    mrdad New Member

    I mis-understood your Post. I thought you were saying that you were just starting your case. Now I recall from
    last week that you were to go before a ALJ. If it means
    that you have to apply for a delay, I'd get an Attorney.
    I won without one but wouldn't do that again as it very
    well could have gone the other way!

    Keep in touch,
  10. puffy1

    puffy1 New Member

    Ah I hear you: but here is the problem now first of all I was told this attorney was a good ssi disability attorney second of all I think he may be the only one in my area.

    I was told that is familiar with FM. and that he is good at winning claims. Yet he seems relauntant to return my calls.

    and third my GP has dropped me as a patient well not see me becuse I was late on a payment to her and even though she was paid in full they still dropped me now I am in the market for a new one but money is always an issue.
  11. CockatooMom

    CockatooMom New Member

    Finding a good attorney can be worse than finding a good doctor!

    Don't give up! We're all here for you too!
  12. carebelle

    carebelle New Member

    call another attorney .
  13. Vette

    Vette New Member

    Puffy, If you have not already done so, apply for Medicaid and other low income benefits that might help you along your journey. Check with a Social Worker, you can usually call a Hospital and ask to speak to one, if they can't help you check on services you may be eligible for, maybe they can point you in the next direction. Find out if your County has a "Council of Governments" (I worked for one), every County in my State has one. They are non-profit and get funds from the Government to assist low income qualifiers in all sorts of ways including medical, utility bills, housing, etc. Check in to seeing a Doctor at your County Health Department. It may take baby steps for you to get help for yourself. I'm just telling you what is out there. Attorney's will often pay for some testing, especially Neuro-Psych and get re-imbursed from your back pay if you win, otherwise they just don't get their money back. Good Luck!
  14. mrdad

    mrdad New Member

    I believe that Vette just gave you some very valuable in-
    sight and advise! I see you are in Calif. and if not al-
    ready should be on Medi-Cal if not already! Try to ob-
    tain some County help if possible thru Medi-Cal as they
    have SOC. Workers who will help you navigate the system.
    It doesn't sound as if you can afford much out of pocket
    Medical bills.

  15. puffy1

    puffy1 New Member

    I/m sorry I think you all for your suggestions and advice I really appreciate it.

    But I don't think I am getting the point out that I do not qualify for any low income assitance I have already tried , my husband makes too much money to qualify for anything like that but the company he works for will not cover me on there policy only him. and it cost way too much for me to be added on I have looked into private insurance but it just too darn much.

    so I am stuck paying out of paocet for everthing medical and I owe boy do I owe.

  16. purplepooh

    purplepooh New Member

    try this site it's good.

    good luck !!!

  17. VWilkin122

    VWilkin122 New Member

    I recently quit my job due to fatigue and pain from Fibro. I have engaged a firm to help me pursue my disability case. They only charge you a fee if they win your case. Their fee will come out of any back pay owed to you by SS. They give you this in writing.They will take your info and if they feel that you case is winable they will do all the work of handling everything from intial application thru denials and appeals. If they do take your case they will work very hard to get you approved becasue their fee depends on it. The people are very nice. I have just completed giving them all the info to file my initial case. My experience with them has been positive so far. The web site is You have nothing to lose. Let us know how it works out. Will keep everyone posted on my case.
  18. cavegirl

    cavegirl New Member

    You definetly need a good doctor to back up your pain and illness with disability, because they will be double checking with your doctor. So get a good doctor and then apply. You don't necessarily need an attorney, unless you get denied and that would only be if you didn't give enough detailed info about what you can't do on the application. Be as detailed as possible about explaining every single aspect of your pain. Good luck! You can get it the first time around. I did and at the age of 28, last year!

    Whitney :)
  19. Adl123

    Adl123 New Member

    I'm sorry this person was rude to you, but she probably was right.

    When I applied for SSI I had to go to the SS doctor, because I only had reports from 3 doctors. It might be good to start going to doctors to build up a record.

    You should be able to get an attorny right now,though, but it could also be a wste of money, until you have been seen by several doctors and there is a paper trail.

    Why don't you keep on trying and see what they tell you? That way you won't loose too much time. I do know, that I waited too long and I was denied financial help, even though I was identified officially , as disabled. I would suggest attacking the prolem from both sides.

    Good luck.
  20. babygirl44

    babygirl44 New Member

    Thats were I went wrong when applying, I was turned down twice now waiting on hearing.

    No one exsplained to me how to file, are should I say I need to exsplain my illness.

    All I could concentrate on was I have fibro ,not how bad it hurts or I can't remember, i'm always throwing up from nausea head hurts all the time, can't get out of bed, can't concentrate on anything, crying all the time from depression,running fever all the time, Ibs.

    GOD a number of things but I didn't know they needed to hear all that.

    I was new to fibro hadn't found the board yet so I was lost and turned down twice but my att, didn't tell me how to are the need to exsplain to them either.

    I've learned from the net and board so now I thnk i'm ready I have always been in ER, doctors.

    On jobs back 6 year sago I was always taken off sick are in the hospital going to doc app. but always the wrong dig. just now knowing this. So good luck and the board is giving you good info i just wish I had found the board befor I applied. LOL

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