Lawyer declined to help me with my LTD

Discussion in 'Fibromyalgia Main Forum' started by PatDLT, Oct 27, 2008.

  1. PatDLT

    PatDLT New Member

    After a few weeks of going back and forth with my lawyer, today I find a box at my doorstep from FedX. In it was a letter with a stack of my medical information that he gathered. In the letter he says he does not think he could win and will not represent me. He advises me to get another lawyer.

    1. Should I get another lawyer?

    2. Does anyone have ideas about writing a letter for the appeal to my LTD? I think I will write it myself.

    Any help would be greatly appreciated!

    Thank you!
    Pat
  2. 3gs

    3gs New Member

    hi pat tried to post earlier board wouldnt let me.

    dont understand why this lawyer would do that and not explain to you why he doesnt think he could win.
    at least suggest an other lawyer. or what was missing.

    i would talk to another lawyer. alot of people on her talk about allsup

    sorry dont know more
  3. PatDLT

    PatDLT New Member

    OK, I will call another lawyer. You guys are great! I was ready to give up until I read your notes. I will keep you posted.

    Hugs!
    Pat
  4. simonedb

    simonedb Member

    wow u have me intrigued, why do u only leave posts up for a day? how could an anonymous post be tied to you or hurt you?
  5. glenpr

    glenpr New Member

    Hope I can help a lil. Some advice that I just got yesterday and today. A lady toldd me to get letters from anyone that you can, friends, neighbours, pharmasist, minister, I spoke to my neighbour across the way neighbour who sees my comings and goings and she told me that I can most definitely use her name in my meeting tomorrow and if need be she will write a letter. So I will use her as a witness to what I am up to from what I used to be. Also a lady told me that many people fill out their own disability claims and have their doctor sign them. She is a nurse and says that this is legal, that doctors do not have the time to do this stuff, she did it this way. So there are my 2cents to help. I meant to ask my doc today about my filling the form but forgot.

    love and hugs
    glen
  6. PatDLT

    PatDLT New Member

    Thank you for the tips. When I was denied, I went to the website and I found an ERSIA law firm. I made sure that the firm did not charge up front, there are some that do that. I talked to one of the lawyers and I signed paper work for them to get my information. They said they would only charge if they took the case and won. Since they did not accept my case, they sent me everything that the insurance co had on me. The lawyer said that this would help me with the next lawyer so we did not have to go through the whole thing again. They did not charge me anything, but did not take my case. Today I talked to another lawyer and I will be sending them some of the information.

    I have been reading a lot of these posts and heard about the letters from friends family I got a few very well written letters from my sons and neighbors. I also got test results for my Sleep Apnea, so I'm hoping they will help because everything else they got did not help.

    I will also try to get the doctors to help me with the letters. I have two letters from my Reumy one in 2005 and one this years. Very basic about having Fibro. I don't know what else to give them.

    I just am so tired of fighting for everything.

    I will keep you posted.

    Thank you all for your kind words.
    Patdlt
  7. Zenith_Z

    Zenith_Z New Member

    Hello -- long one, sorry....i started it yesterday and transferred it....

    I think your attorney may have been one of those who takes a case and if they win gets part--can't think what thats called....which may be why they didn't take the case -- not because you don't have one, but if its not just a slam dunk it takes so long and is so hard to deal with LTD insurers they might not have wanted the trouble.

    I had an attorney i paid a lump sum to for however many appeals it took either up to getting money or filing suit. If I would have to file suit, I'd then have to pay another amount to continue.

    He did three appeals....(I was very pleased with all three) they take months past their 45 days response time for everything to deny to drag it out (I personally think to run you out of money to fight) and after I did cognitive testing to "prove" I have problems, they finally sent me a years worth of payment (during year two of fighting) then said they needed to review further.....and another 4 months later sent another denial saying my cognitive problems were mental or caused by depression (not fibro) and that their one year mental exclusion applied.

    As we'd did three appeals and got me money I then had to send him another retainer for appealing the new denial....and started again. That appeal was filed In May 08, and I just got an e-mail from my attorney last week that we had won and that they were paying "to date" which is past the 24 month your job/any job so I should be into regular payments from them. Note it took 5 months for them to decide this when I think the contract says 45 days.

    The company then sends me a letter i got a couple days ago saying yeah we find you can't work full time and are sending you payment minus part of what you got from social security, but we think you can work part time from what dr. ___ says, with restrictions and limitations in a sedentary level occupation...and per our policy after 24 months if you can work part time and choose not to then we can stop payments.

    So, they are still messing with me and I suppose either they will send me the back payment and another denial, or pay me for another month or two and deny me again. I do not know what i will do in that case. It is expensive to fight them but I guess I'm stubborn enough to not let them get away with it. I re-read the letter and functional capacity report and it is pretty specific i cannot work at all. Yet if they decide to, they will deny it and I'll get stuck spending more money to fight them.

    It's in their best interest to deny people -- The problem with disability insurers is that they have no reason not to deny using whatever reasons they want to -- there is absolutely no punishment for them even to do it wrongly....they can and do. AND, if you do have to go to court you don't get to prove that you really are disabled, only that they, with the info they had in their file acted (and here i can't remember the word but I think Capriciously or unresaonably....) and if you win in court....they still do not have to pay interest, they do not have to pay your attorneys fees or any penalties whatsoever. So there is no reason for them to be fair or do their job period. ERISA laws need changed. If they were required to pay interest or attorneys fees, maybe they would act differently. Or have to pay a penalty or something. But no, they freely get away with dragging things out as long as they can -- they get to keep your money longer to make more money....and maybe run you out of money to fight them in the meantime.

    I sent an email to my attorney saying I got their letter but the company has my address wrong as the letter was forwarded so the payment is also floating around in the mail. I told him that I also wanted a better breakdown of the money as I didn't think they did it right. see, i just got ssd in july and the backpayment from them....i owe the disability company for the "overpayment" of the one year they paid me as they only pay the difference between the social security amount and the policy limit amount. (this is also wrong why does our federal government subsidize insurers - they should pay bottom dollar and ssd nothing!!!) Anyway, they are only allowed to look at the base social security amount not the COLA increases and they have to take out the 5300 the ss attorney took.....and it looks to me as if they took the current social security amount and did not take out the 5300 so are still trying to screw me. I also asked about the threat of cutting off my benefits again and that should i write and ask about all that or him since technically he's done what he was paid for and not really my attorney anymore.

    I just got his e-mail a few min ago and he said that he was notifying the co about the address and requesting a better breakdown and told me " Ignore the "part time" threat. If they go there I will deal with it free of charge." which makes me feel a lot better.

    Anyway, I really liked him and he put up with my ranting scared upset e-mails and did a good job for me. I was very impressed with the appeals he wrote. If you don't already have an attorney lined up and would like to call him, leave a message here. I'll get back on tonight or Saturday (gone tomorrow) and check, and work out how to give you his information.

    (he's in new york, and I'm in oregon, but it worked fine)

    Hope this helps you know what you'll be dealing with
    zena.



  8. momof27

    momof27 New Member

    TELL THEM TO FILE FAIR HEARING OR YOU WILL . I DID THIS GOT MINE IN ONE MONTH.

    LOVE MOM
  9. dc1980

    dc1980 New Member

    what does file of fair hearing mean? who do you tell? And did you have an attorney?

    Thanks so much,
    dc
  10. momof27

    momof27 New Member

    FILE FOR A FAIR HEARING MEANS THIS IS WHAT THE ATTORNEY DOES TO GET YOU APPROVED. JUST TELL THEM YOU WILL FILE WITH THE SS JUDGE AT THE SS OFFICE IF THEY DON'T SEND YOUR FILES AND IF THEY DON'T THEN ASK WHO YOUR JUDGE WILL BE PACK UP YOUR RECORDS FROM YOUR DOCS AND SEND THEM STRAIGHT TO HIM/HER
    NO I DID IT MYSELF ,WHEN I TOLD THE OFFICE THIS THEY GOT RIGHT ON THE BALL I SENT MY RECORDS TO THE LOCAL OFFICE AND DIDN'T DO ANYTHING ELSE BUT I TOOK THE WORK OUT OF IT FOR THEM. I HIGHLIGHTED EVERYTHING SO IT WAS IN THEIR FACE.