I heard from Scott Davis, attorney at Law today......

Discussion in 'Fibromyalgia Main Forum' started by kadywill, Dec 5, 2002.

  1. kadywill

    kadywill New Member

    I had written this attorney after I read about him on this site where he is listed as ImmuneSupport's legal advisor. I e-mailed him on November 25, 2002 and he replied today. He thinks I have a good case for Social Security Disability and that I should call him after I have been out of work for five months and we will have a free telephone conversation about how I should proceed and how to win my case. He reiterated that I will have a good claim and that I should be working on documenting my medical records with symptoms and limitations.
    I am really pleased to have received this advice and I am more than pleased to hear that I have a good claim for SSD.
    I read all the old posts concerning Mr. Davis and I saw that some liked him and some did not. I haven't spoken to my husband about this, as it is really early in the game and I can't even apply yet. I will give Mr. Davis consideration since he answered my e-mail quickly and favorably, though.
    Shirl, Mikie, what do you think?? Is this a smart way to go about filing a disability claim or should I contact someone local? I really want to do this the right way and I am so green in this respect. Would I end up paying more (when I get the money) for him rather than a local attorney? I know that there are no local attorneys with his reputation and I have to trust that he knows what he's doing or this site wouldn't endorse him.
    I'd appreciate any advice I can get!!!!
    Thanks!
    Kady
    [This Message was Edited on 12/05/2002]
  2. kadywill

    kadywill New Member

    I had written this attorney after I read about him on this site where he is listed as ImmuneSupport's legal advisor. I e-mailed him on November 25, 2002 and he replied today. He thinks I have a good case for Social Security Disability and that I should call him after I have been out of work for five months and we will have a free telephone conversation about how I should proceed and how to win my case. He reiterated that I will have a good claim and that I should be working on documenting my medical records with symptoms and limitations.
    I am really pleased to have received this advice and I am more than pleased to hear that I have a good claim for SSD.
    I read all the old posts concerning Mr. Davis and I saw that some liked him and some did not. I haven't spoken to my husband about this, as it is really early in the game and I can't even apply yet. I will give Mr. Davis consideration since he answered my e-mail quickly and favorably, though.
    Shirl, Mikie, what do you think?? Is this a smart way to go about filing a disability claim or should I contact someone local? I really want to do this the right way and I am so green in this respect. Would I end up paying more (when I get the money) for him rather than a local attorney? I know that there are no local attorneys with his reputation and I have to trust that he knows what he's doing or this site wouldn't endorse him.
    I'd appreciate any advice I can get!!!!
    Thanks!
    Kady
    [This Message was Edited on 12/05/2002]
  3. teach6

    teach6 New Member

    Sorry I'm not Shirl or Mikie, but here's what I think about disablity attorneys. In my opinion the most important thing to consider when hiring one is how much experience the attorney has with your disabilities. Scott Davis obviously has a lot of experience. I have found him on other websites and I believe he gives presentations at conferences.

    I was able to find a local equivalent. He has lots of experience with CFS and FM and he helped write the law about CFS as a disability. If I had not known of someone locally with a great reputation I would have considered Mr. Davis also.

    Good luck to you. From all you've told us here it should be a no-brainer, but sometimes I think that is a qualification for making decisions for SS: no brain!

    Barbara
  4. dndoriginal

    dndoriginal Guest

    Hi Kady,
    I wrote one of those bad emails about Scott Davis. He came to my support group here in Las Vegas and gave a good speech. He is extremely knowledgable and he has a very good win rate. Why? Because he is very picky about whom he chooses to represent. I spoke with him when he was here and at that point I hadn't recieved my first denial, YET. He told me to contact him when I had. (Contrary to his most resent wriings, saying get an attorney when you first file.) I didn't contact him right away (my fault) out of ignorance. I tried to do it on my own, not wanting to share my settlement, and I'm not a dummy plus my friend that has been helping me has a law degree. I tried to speak with Mr. Davis, before I received my second denial, and he didn't get back to me until I had received it. Bottem line, he wouldn't take my case because I was too far into it and also because my Pain Doctor (at that time) was still playing it safe and not helping me with my case. When Mr. Scott heard that it sealed it for him--He FLAT OUT TURNED ME DOWN!!! He didn't like the odds. Ok fine, I won without him. But Kady, I worked soooooooooooooo hard and had to do so much research. I finally had to get an attorney 5 months before I went to court, mostly because I was tired of fighting so hard. In the end, I won, but I had to do it ALL and I still have to share my settlement of 1/4 (legally, that is all an attorney can take from your settlement) with my attorney. Almost $3,200.00!!! I am probably going to sue him in civil court because we never even had to go to court. The Administrative Law Judge looked through my HUGE 2 year long file and decided on my case without needing to see me. I got a call the morning of the "trial" and they said I had won because I had so much documentation on everything that is wrong with me, (FM & CFS plus ruptured disc's in my neck and PTSD and more stuff) my point is I bombarded them with proof, there wasn't a chance for them to say NO. It really was ALOT of work, I couldn't do it again. I can advise you about what I know and I know that if Mr. Scott will take that load off your hands/back and shoulders--- LET HIM! It's worth it. When I wrote my nasty comments about him I was venting. Spoiled Milk! He wouldn't take your case unless he thought you could (he could) win. Well, that's my 2,4 and 6 cents worth. I hope this helps, and I was serious when I said you could contact me anytime.
    Why wont you tell your husband???? :)
    Good Luck,
    Deanna
    my email: dndoriginal@email.com
    PS Oh Yeah, get a sympathetic Doctor!!!
  5. kadywill

    kadywill New Member

    The reason I hadn't told my hubby yet was because I KNEW he wouldn't like the idea of Scott Davis handling this....you see, my husband NEEDS to make all of the decisions,; it's important to him and I wanted to see what Mr. Davis said about my case first. I left Mr. Davis' letter here on the desk for my husband to see, which he did. He, then, wrote an attorney from his hometown that he went to high school with. This guy is not a disability attorney, but is known to be a good attorney. See, this is what I was afraid of. I want someone who ONLY does disability work. Well, we can, at least, see what this guy says...he may refuse us and recommend another lawyer....I hope so, because I only want to do this ONCE and no more!
    Thanks for the advice, my friends!
    Love,
    Kady
  6. kadywill

    kadywill New Member

    I'll let you know how it goes. I called Jefferson-Pilot today asking when I could expect my first STD payment. They said that a check for $550.00 was mailed yesterday. I've been out of work since November the 10th, but there is a 14 day elimination period, so this is all I could get for now. I asked the rep. how often I would receive payment. She said that there was a letter being sent, too, saying that the company needed "further medical" before they could send more. I don't know what this means, but my doctor wrote on the form that I was 100% disabled from any type of work indefinitely due to spinal stenosis unless I had surgery. I won't have surgery for numerous reasons, but I was told to just say that it was undecided at this time. My boss continues to push me to see a neurosurgeon. It is just too early in the game for that, as I am on a pain management program right now to get me some degree of comfort. THAT'S what I am interested in. In spite of the meds and other treatments my MD prescribed, the last three days have been horrendous!!!!! I have hurt as badly as I ever have and my doctor doubled my A.M. Oxycontin dosage yesterday! I cannot imagine how bad it would be without that med. I believe I would die without it. There is absolutely NO WAY I could return to work in any capacity and I am positive about that, as is my doctor. Right now I am out of bed ONLY because of the pain. I WAS sleeping and was awakened by the severity of the pain. I'd just scream and cry if the insurance company denies me.
    Love,
    Kady
  7. allhart

    allhart New Member

    i didnt like scott davis reply to me ive posted it on here before,i live in az and couldnt get his help he told me to check the yellow pages,do a seach and read my post,aleast you know you have a good case he talked to you!!!
    remember they have a fee set by ss that ss pays,so please dont go hand anyone any money yet i realy belive you can do this on your own you have a very very good case!
  8. mamusia

    mamusia New Member

    I hope you don't mind but I thought I would share some thoughts on the STD situation with your employer. You and I seem to be in a similar boat. I am the person who has been waiting for 4-1/2 months to hear about my company and whether they will approve my STD payments. How I understand that my company works the first 10 days are my responsibility, the 11th day until the 13th week are called salary continuation (they finally approved that for me and are paying me 2 months of back pay), then the 14th week through the 26th week would be STD, and lastly the 27th week through retirement would fall under LTD.

    When they made me go for a Functional Capacity Evaluation at their facility I did it about 7 weeks ago. They just approved the salary continuation. They should have an answer for me on the STD by next week but I am told that I would have a very good lawsuit if the deny the STD because they already approved the salary continuation for the first portion of time and had already requested "additional objective evidence" which I agreed to by going to their facility for this evaluation.

    I would suggest that you continue to work with your doctor giving them medical objective evidence, but I would stress if it comes down to it with an attorney that they agreed to pay and then changed their mind when they thought it might parlay into a LTD situation.

    You see I am confident in my situation because I have what my attorney calls a "creditable" history. I have worked 20 years and in top positions working my way up the corporate ladder. I have been 4 years with this company and have been an exemplary employee (my CEO vouched for me), and I can prove prior involvement in church, community and my childrens' adoption process.

    All of these types of things will benefit you in the long run. And as a matter of fact they cannot force you to do a surgery against your will because that would be a whole other lawsuit.

    You keep fighting Kady because you have already suffered so much pain and you deserve to come out on top.

    I will pray for you as I have had to do for me and my husband and children to see this through with all the added stress, worries and pain.

    Hugs,
    Mamusia
  9. kadywill

    kadywill New Member

    and with your permission, I will save this info in my disability file. I really appreciate it because this is all so new to me. I do SO hope it goes well for you~~it should as it seems you deserve this disability.
    Keep in touch!
    Love,
    Kady
    [This Message was Edited on 12/07/2002]
  10. mamusia

    mamusia New Member

    You bet you have my permission to use what I said. I hope for the best for you and have truly said prayers for you and your family in this fight.

    Mamusia