Question for BlondieAngel . . . :)

Discussion in 'Fibromyalgia Main Forum' started by TerriM, Apr 9, 2003.

  1. TerriM

    TerriM New Member

    Hi . . . I believe on another post you mentioned that you used Scott Davis as your disability attorney. How did you find working with him? I tried to e-mail him but haven't heard back so just called his office. I paid into LTD with my company and am wondering if he does Social Security as well as cases with companies. I think I also read that he takes the cases on contingency and there is a cap for fees for Social Security cases. My husband has a friend who is an attorney who was willing to take my case, but he is not a disability or CFS expert and after much research I think I need someone who really knows this issue inside and out. I have CFS, not Fibro. I am worried about the Social Security 1999 ruling because they want a positive EBV Titer (mine was negative) and they want a failed Tilt Table Test (my doctor does not want me to take a tilt table test . . . he says it won't prove anything, will make me sicker & with my severe hypersensitivity I won't be able to tolerate the adrenaline) Anyway, was just curious how your experience with him was . . . did he ask you to keep a specific symptom journal? Any info you can give would be great! Love, Terri

    p.s. Just saw your post on your husband. My husband refuses to speak or hear of my illness at all at this point. I have been sick for 19 months after surgery, lost my career job and 2/3 of our income . . . no disability & health insurance COBRA running out soon! I understand it is difficult for them also, but I wish they could be a team with us vs. making things even worse!
  2. blondieangel

    blondieangel New Member

    Nice to meet you...sorry you are so ill:-(

    Yes, I used Scott Davis for my disability case. I initially emailed him too after reading his articles on this site...I think it was 3 weeks before he responded! You can have a telephone consultation free of charge to discuss your case. He is very busy traveling the country advocating on behalf of FM/CFS sufferer's through lectures, speaking at, and educating himself at conferances, and representing Disability clients!

    He will take a case anywhere in the US (he is in Arizona)on contingency, and then when you win he is paid through your past due benefits award...there is a set fee scale. It was 25% or $4000, (whichever was less). The cost was increased a bit last year. The only time you pay him directly is if your case has to go before a judge (mine did)and then I was responsible for up to $300 in traveling fees. Also misc. stuff like postage, photocopying, reports, etc.

    I don't know anything about those test you mentioned...so can't comment on that!;-)

    I wasn't asked to keep a journal. He did have me get affidavits from friends/family/coworkers regarding my disabling symptoms. He sent (or faxed, emailed) examples so people knew what to write about. I would definately reccomend him:)

    Re: Husbands - what happened to you is a lot like us, except I was in a car accident. I was rear-ended while driving to my first day of a new job. We had moved to the area 6 months prior, which made things more difficult, and then my husband changed jobs twice - the last COBRA cost us $425 a month and I had no income! Talk about stress!!!! I also miscarried our first child 6 weeks after the accident...we've been through A LOT!!!!It's been 3 years on 2/28..I know he just misses 'the old me' and I really did think I'd get better...but I'm not! And I was one to always get up, shower, dress, put on full make-up, style my hair etc..(except at the lake..we finally sold our boat a year ago:-( so I have very slowly 'given in' to the fact that I cannot do most of the things I used too...he even has to take me grocery shopping! He really is the greatest, but sometimes I don't want to always have to be the cheerleader!;-)

    God luck w/ your case...any more questions, let me know!
    Love,
    ~B~

  3. TerriM

    TerriM New Member

    that you have been through so much with the accident, miscarriage, illness & relationship issues. What state do you live in? You said that Scott Davis represents people all over the country . . . I live in Maryland. Was your court appearance where you live? My company & insurance co. are in the midwest . . . also, I have friends & family that could write affadavits, but no coworkers. I worked there for 15 years and had surgery and got CFS . . . I went back part time for a very short time & relapsed badly. The people there were told not to talk to me & they treated me terribly when I was there part time . . . I think they were made I wasn't still doing tons of work or something. Do you have Fibro & CFS? How long did it actually take to get your disability . . . three years? Right now it is so tough for us to afford all of the medical bills on my husband's salary. I made 2/3 of our income when I was working. Also, my COBRA coverage runs out this summer . . . my husband has a friend who is an attorney and said he would take my case, but he doesn't know disability or CFS law . . . he is normally a litigator. After much research I definitely think I need someone who knows the issue. Thanks so much for your response! Keep in touch!! Love, Terri
  4. blondieangel

    blondieangel New Member

    Thank you for your kind words;-)

    I am in California. Yes, Scott comes to you if necessary, to the nearest SSD Hearing Office where you live. From the time I applied until I received my first payment..it took... omg.. fibro-fog...um, I think 18 months. But every case is different...

    I didn't have co-workers either since we had just moved to a new city and I was driving to the first day of a new job! No biggie! We just used family..when you have your telephone consultation, Scott will explain EVERYTHING very carefully and answer all your questions. I had already applied alone and been turned down, so I wish I would have known what I later learned! It you read his articles, they all go over exactly what he does to win the case! It's all about the symptoms that prevent you from working - the severity, what you cannot do, etc..as opposed to the list of ailments/diseases. Make an appt. over the phone for a consultation - it's free and he calls you, so no long distance charge! Do it right away! You've got no time to lose!

    That's terrible about work! People can be so cruel. Actually the relapse and the fact that you tried to go back to work will work in your favor for your case. You will have to go in to detail as to WHY you could not do your job. Instead of 'I had a relapse' he will have you write, something more like 'when I returned to work part-time I was unable to perform my job due to chronic exhaustion from unrefreshing sleep, I am unable to concentrate or follow though with things in a timely fashion, as I must lie down every 15-20 minutes for a half hour and on and on...

    Terri - I know just how you feel, sweetie!!!! I sold all my husbands tools and all the furniture I could give up - then the boat went...then we refinanced our first home - we purchased it after my miscarriage as a distraction - we had been trying for 9 years and did not know I would not recover in 6 months from the car accident like to doctors told me! So, when State Disability ran out...it was panic time! I tried to do a telemarketing thing and had an anxiety breakdown (thank goodness for xanax)I have FM, CMP, history of Crohn's, IBS, anxiety, depression, sleep disorder, left-sided neck, back and hip injury, bone spurs, cervical stenosis, and on and on..right now my hands are swollen and joints ache so badly!!! UGH!

    Call his office! Get your papers in to SS. Also keep regular doc appts! You must have a doctor backing your claim!
    Love,
    Blondie;-)
  5. TerriM

    TerriM New Member

    I have e-mailed him and had also called his office today. Evidently a woman there named Jenny is going to call me with questions. I have my completely medical history (everything) in a notebook compiled over the last 19 months since my surgery. My husband's atty. friend did get my benefits info (by request) from the insurance co. so they do know that I am pursuing a claim -- I think I have to try for the company LTD first -- hopefully Scott does that as well. It took me several specialists before I found a WONDERFUL doctor who knows I'm very sick and has been trying for the last 10 months to figure this thing out . . . lots of testing and some "effect" types of things wrong, but still looking for the bottom-line to my CFS. He is behind me and I have a great psychological who has helped me cope & knows this thing isn't psychological. Again, thank you for all of your help and I hope things begin to improve for you! Love, Terri
  6. ForeverFlaring

    ForeverFlaring New Member

    I called Scott once before about a year ago when I was confused and in denial about my fibro. I never spoke with him but the woman I did speak with was very helpful. I finally applied without an attorney but I think I need one now. I have talked to a lawyer here in town, and although he seemed knowledgeable regarding fibro and SSA, I didn't officially hire him. In a way I think I would rather do business with Scott because he is a strong advocate for all of us. He seems to genuinely care about our plight and the lack of knowledge all over regarding hidden illnesses.