I need ya'lls help

Discussion in 'Fibromyalgia Main Forum' started by jenemc, Jun 21, 2006.

  1. jenemc

    jenemc New Member

    Okay first off, I filed for disability in June 2003. I have been denied twice, had my alj hearing was denied again, no reason as to why really. Said soemthing about my boyfriend would benefit form my getting disability, which makes no sense at all. Had my alj hearing in march 2005. received denial letter in dec 2005.

    took everything to my lawyer after the christmas and new yrs holdiays. secretary was suppose to appeal...talked to her in march this yr. had not heard anything ..still haven't..so i called.

    I spoke with my lawyer..asked him what all was going on. well, secretary had to quit workign due to illness, he cannt find several files or appeals. his suggestion was to reapply for ssdi benefits. now i have waited for 3 yrs..with no luck..if i reapply, won't that affect my current application?

    My lawyer told me to call back end of next week, he will have new sec. and a temp and they are goign to go thru all files adn call old sec to see what all is oging on. I don't understand how this could have happened.

    Aren't lawyers suppose to keep up with their cases? why is it that they can't find files? the main person I have always talked to adn actually had more faith in was the sec. I talked to my lawyer several times before hearing adn at day of hearing.

    I guess I just don't understand why I should be reapplying. Will ya'll please give me ya'lls opinion on htis. I live in Texas, the judge came out of Okla for hearing.

    thanks,
    jennie
  2. optimistic1

    optimistic1 New Member

    No question about it. Run, don't walk to a new Lawyer's office.

    I don't mean to make light of this situation. This is unexcusable. I would get a new lawyer.

    Good luck to you,

    Arlene
  3. sisland

    sisland New Member

    Hi
    try your best to find a lawyer that specializes in disability claims!! sounds as though this lawyer dosen't have your best interests at heart ! the first one i had was a lady that was a disability advocate.....................................She did hardly nothing................................................so i got one that only deals with disability and it worked!! goodluck to you and don't give up!
  4. yourtroubl

    yourtroubl New Member

    I have worked with Lawyers and ALJs for over 20 years. Most would not even admit to being in such a mess without his secretary.

    I am certain secretary probably did everything except go to the hearings.

    You do need another attorney. I would hire a firm. That way the secretary cant be the blame. Sole practioners, while great, can be too dependent on a small amount of staff.
  5. NyroFan

    NyroFan New Member

    Jennie:

    The next step after an ALJ turns you down is to sue SSA.
    Hopefully they will find your papers and if not they can request copies of them from SSA. I would hate to see yo start all over again.

    If not satisfied, yes: head for another lawyer.

    nyrofan
  6. BlueSky555

    BlueSky555 New Member

    I was one of those that filed once, went back to work, trying very hard to work, but just couldn't go on. So, I had to file again.

    I wish so much that I had continued with my first application but hard-headed me, didn't want to give up working. Now, I have no choice.

    I don't want to discourage you either but had a friend that filed and her lawyer did the same thing; lost paperwork; she got another lawyer and in all, took her 7 years but she won.

    Don't give up,
    BlueSky555
  7. thirkmom

    thirkmom New Member

    Is there anyway you can stop the application you re-filed or has it been a long time? My lawyer told me that if you absolutely had to go back to work while applying for SSI, they would look at it as a failed attempt to work. That would tend to work in your favor because you did try to work and you were willing to work. It seems a shame to have lost all that time that you could get back pay for. But then again we're dealing with a government agency.

    It seems there is no reward for fighting for our independence, other than our dignity and I guess that should be enough. I truly admire you for trying. LuAnn
    [This Message was Edited on 06/22/2006]
  8. findmind

    findmind New Member

    Get a new lawyer immediately. Also, call your state and national congresspersons and file complaints with them.

    Do NOT give up. GET all your papers from the current attorney. Can you find the secretary in the phonebook? Call her and ask her if she will help you get all your paperwork together! Bet she will.

    This is scandalous. The atty should be reported. He had no "backup" and he probably is a shyster to boot.

    Best of luck to you...hang in there!
    findmind
  9. rockgor

    rockgor Well-Known Member

    get a new atty who specializes in Soc Sec.

    you may also want to consider a malpractice suit against the first atty.

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