Attorney turned me down?!Anyone have this happen?

Discussion in 'Chit Chat' started by kellygirl, Jan 7, 2009.

  1. kellygirl

    kellygirl Member

    I had my first denial with SSD so I called an attorney to represent me. She sent a letter saying that she would not help me.

    Does anyone know why an attorney would do that? Is it because of Fibromyalgia, CFS, MPD that they don't want to try?

    Has anyone had this happen to them? I am confused...........

    BILLCAMO New Member

    There are a number of lawyers who mainly take "shoo-in" cases since that tends to increase their income. SSD is seldom a shoo-in....... ;>)

    I suggest you do some research and find a good attorney who specializes in SSD cases. A place you may check out for suggestions is the Social Security Disability Coalition. They have very stringent rules , but , are a very reliable source of information.

    There are many very good attorneys that will accept SSD cases for people with FM , CFS , MPD , and the like. It just takes some extra effort to find one that is good for you.

    Blessings ,

  3. kellygirl

    kellygirl Member

    Thanks, this one advertises that she does take these case, but I know this type of dis-ease is hard to prove. Each day is different, too, and when a person may appear at a hearing, it may be a good day that person is having.

    I will go back to the attorney that won me my work. comp., though I didn't like his personality. I don't know if I can explain what it is like living with CFS, FMS and MPD to him. He doesn't talk much or listen very well. For the wc, he told me not to even mention Fibromyalgia, though the knee injury from work played a part in my flare-up.

    One day at a time.
  4. mysticbrit

    mysticbrit New Member

    So sorry to hear you were denied benefits. My heart goes out to you as I know how horrible it is to try to work when you're in pain 24/7.

    I'm one of the fortunate ones who was approved on my first attempt but I seem to remember that my case worker said FM alone is not a valid diagnosis.

    I could be wrong, it's been about 5 years since I was was awarded my benefits and my memory isn't the greatest.

    Do you have additional health issues that could be added to your claim???? I have suffered with clinical depression for many years and my case worker said that's what helped me receive benefits. I have also had heart problems along with diabetes.

    I don't know where you live but here in the Midwest all our TV channels carry commericals from lawyers who specialize in SS claims.

    Again, I'm so sorry you're having these problems. Hopefully you'll find an attorney who will fight for you.

    Wishing you luck,

  5. TwoCatDoctors

    TwoCatDoctors New Member

    I also go on the Social Security Disability Coalition site (below) as I know Linda that runs it and she is very knowledgeable and good. When you post, your post doesn't appear immediately because Linda checks everything over to keep spammers and others off the site. Also, when Linda gets very sick (she has a terminal illness), the posts can gather up and you have to be patient. But you can always read the other posts, and the information at the left of the board to help you.

    What I can tell you is that I sometimes go on a site that is mostly SSD attorneys and SSD judges and SSD workers. About one or two years ago they discussed an ALJ (Administrative Law Judge) that insisted that to prove fibro, a claimant had to be treating with a rheumatolgoist AND the rheumy had to have done a 14 point test (this is far more than the usual testing done by a rheumy) and that test had to be in writing and in the SSA records. If the claimant didn't do those things, the ALJ wouldn't even consider the claimant for fibro. The site had a large discussion about the legality, but it all boiled down to the fact that the judges can set standards for what they will accept.

    So, first, make sure you are being treated by a rheumatolgist. Make sure that all the doctors you see agree that you are disabled and not capable of working any job and will complete the SSA paperwork asserting such--if you have doctors that don't agree that you are disabled, that makes your case weak, so you get rid of those doctors and find doctors that agree you are disabled. Make sure the rheumy that you treat with presents the results of a 14 point test just in case you come across that difficult ALJ.

  6. Mikie

    Mikie Moderator

    Use whatever resources you have at hand to find attys who handle these cases. Find one with a good win ratio in illnesses like ours and one who believes he/she can win your case.

    My atty was recommended to me by a woman with Fibro who had won her case. This atty wins more than 96 percent of his cases and files, and almost always wins, appeals in the other 4 percent. He knows which docs to send his clients to in order to document and win cases. He told me that he didn't think I had a good case but that he did think he could win my case. I followed his advice regarding docs, had them fill out his questionnaires, and my case proved to be extremely strong when we went before the judge. Judges don't like to disallow his cases because they hate to have their rulings overturned. He has quite a reputation with the judges who hear his cases.

    This atty may have done you a great favor. If she didn't believe she could win, she would not have represented you well. Find an atty with the confidence and reputation to win for you. Half of all disability cases are won without much effort. Some attys will take any case, basically do nothing, and pick up the half which fall in their laps. I was in sales before I got sick. If I had closed half of all my deals without much effort, I'd have been rich.

    Your atty works for you. Make sure you get one with your best interests at heart and follow his or her recommendations as best you can. You deserve to be well represented because when you win, your atty will be well paid by SS out of your settlement. Demand nothing short of the best and good luck to you.

    Love, Mikie
  7. TwoCatDoctors

    TwoCatDoctors New Member

    A way of meeting many disabled people is to find the local disabled support group that meets in your area. Check with your local senior center as the senior center lends out rooms to various support groups. And some of the disabled groups are sponsored by the spine associations. I didn't realize about the local disabled groups until after I was approved for SSD as I became permanently disabled in an accident.

    The attorney I had to help me obtain SSD I could never recommend to others and he didn't take all his money from SSD. His office was disorganized, his contact person I was to call never knew the answers or would give incorrect answers and then would not get back to me on answers she didn't know--and even gave me answers to legal questions that should have gone to an attorney and her answers were WRONG.

    I had to finally write a letter by certified mail, return receipt requested to the attorney to detail what I had been going through with his office and that I wanted a meeting personally with him. He called me and acknowledged that the contact person gave me wrong answers and should have directed legal questions to him and within a few days I received a letter saying I was approved by SSD. But slick TV advertising means nothing and this attorney's office advertises on TV to this day. I had been working and had become disabled and did not know other disabled to ask them. After I was approved for SSD, I learned of the local disabled groups that meet and the Independent Living Centers that help the disabled in many ways including socialization.
  8. kellygirl

    kellygirl Member all have been very helpful. I will follow up on all of your advice. Again, I am grateful for this board.

    I will let you all know how it goes.

    I will go to the FMS support group and ask people there.
    [This Message was Edited on 01/10/2009]
  9. kellygirl

    kellygirl Member

    I did go back to the atty that won my w/c case because there was nobody else closer. But, I ended up with one of his associates. I was on the phone with him and will see him tomorrow and he sounds much better, actually talks to me.

    So, I shall see what happens tomorrow. I just hope the weather holds out, it is supposed to snow, but only a couple inches.

  10. Mikie

    Mikie Moderator

    That winning SSD isn't logical; it's a game. Unfortunately, instead of relying on logic, we have to learn the rules of the bureaucratic game in order to win. A smart disability atty knows this.

    Most of us are trying our best to heal and we put our best foot forward to try to appear normal, hoping it will be a self-fulfilling prophecy. We cannot do that and win SSD. We have to document what we are like at our worst and when it comes time to see the judge, we have to appear as we do at our worst. We must answer questions as we would when we are at our worst. Going through the process can be very discouraging and depressing. It makes us face up to just how horrible we feel during our worst times.

    For those of us who are "glass half-full" types, there is a disonance between how we try to feel and present ourselves to the world, versus how we actually feel at times in order to be approved for what is rightfully ours. No one I know would rather have our illnesses and be on SSD if we could work and have our old lives back. One would think that SS would "get it," but they don't. We have to prove, in multiple ways, that we simply cannot work at any job in any meaningful way.

    I now work part time and still receive SSD. I earn very little and am on the "Ticket To Work" program. They promised that I would not be subject to a medical review as long as I'm on the program. Recently, I received a questionnaire about how much I make. I was threatened with loss of my benefits if I didn't reply within the time specified. I have never made more than the cap on earnings. This is our tax dollars at work.

    I'm not trying to scare you but to prepare you for the SS "mentality." Understanding how it works can make the difference between approval and being denied. Best of luck to you.

    Love, Mikie
  11. kellygirl

    kellygirl Member

    Thanks Mikie, appreciate it!

    BILLCAMO New Member

    is not allowed to use logic. IMHO , 98% of us would much rather be able to work & earn our way. But , we can't.

    At times it seems that "they" are more focused on "weeding out" the 2% than "they" are about helping the 98%.......

    It may not be fair , but , we have to play the game by "their" rules.

    BTW , the CDC has finally made a site/link with info for CFS (ME). I have a thread here with the "addy". It has some useful info.

    Hang in there !

    Blessings ,

    [This Message was Edited on 01/12/2009]