SocSec office told me that I don't need an atty. for appealing

Discussion in 'Fibromyalgia Main Forum' started by Betty50victor, Mar 11, 2003.

  1. Betty50victor

    Betty50victor New Member

    I've read a couple of times that people have gotten an attorney after their first denial.
    I called and my case worker said that it'd just be a waste of my money cause all they'd have to do is sign about 4 pages or so and that's it! They'd get a 1/4 percent of whatever lump sum I get. She said that she's just letting me know so that I can make the choice. She said if I don't mind losing money to go for it but really isn't necessary unless I'm denyed again.
    Please, what do you think about this? I'd really appreciate your comments/help with this.
    Thanks you so much, ahead of time.
    Hugs (soft gentle ones) to Every Person on this Board. Betty
  2. Carlacat

    Carlacat New Member

    The problem you run into is..if they turn you down again then some lawyers dont like to get involved at that point, they like to get in on the beginning. I've heard this from other people also..just my advice.
    Carlacat
  3. Mikie

    Mikie Moderator

    Your chances of eventually winning go way up when you have an atty. unless you get an atty. who does nothing for you. Mine sent me to docs who know how to document disabilities. He gave me questionnaires for my docs to swear that I am disabled according to SS's own Listing 1.02. Does this mean I'm guaranteed a win? No, but it certainly is a lot more than I would have even done on my own because I didn't know about all this.

    Love, Mikie
  4. froggy

    froggy New Member

    I just won my SSDI case with my attorney help. if this is your first denile then please think hard about an attorney- get one that knows about your disabilties. Yes there are a few who have won on there own but not many, because we don't have the resourses that atty's have to get your doctor to state that you are not able to work, they send out questioners to them, the SS office does to but they are different-they are looking to put you back to work, were as your atty is looking to get your disability and yes they do charge 25% or max of 4,500.00 that is taken out of your back pay but it really is worth every penny, we have enough stress and the SS just adds to it, you think it over and if you think you can handle it on your own go for it if not get a lawyer now and one that is good with your disabilities.


    Peace & Love Jan
  5. jeanderek

    jeanderek New Member

    I was told that I didn't have to have an atty either, but I know better. I got my denial yesterday and called SSA. She said yeah you were denied Friday and I guess you want to appeal too. So she is sending me papers to appeal and going to atty on April 2. From this point on there is no way I would go at it alone. Just filling out all that paper work the first time and doing all the calling to doctors and stuff proved to be to much for me. I would get an atty the price is a small one to pay to get your money.

    best of luck,
    Jeanna
  6. Mikie

    Mikie Moderator

    The atty. now gets 1/4 of your first retroactive payment or $5,300, whichever is less. My case has dragged on for more than two years now, so it is definitely worth it if I win and I will be happy to see my atty. get paid (SS pays them directly and send the rest to you).

    Love, Mikie
  7. bluebirder

    bluebirder New Member

    I got an attorney for the first round.Yes, you may loose some to the attorney if you win. But they know what needs to be done and when for your best interests. They fight for you and they aren't IN Fibro-fog but thinking more clearly than we can.

    Wish you success.Happy for you Froggy!
    [This Message was Edited on 03/12/2003]
  8. tiredtim

    tiredtim New Member

    definitely DO get an attorney for the hearing. make sure the attorney specializes in this type of work. make sure the attorney has worked with fibromyalgia cases before. and make sure they have won fibromyalgia cases before. DON'T DO THIS ON YOUR OWN; YOU'LL LOSE!! The attorney's fee is capped by SSA regulations, what you pay the attorney is well worth winning. If you lose the hearing, you have no choice but to either start all over; with the precedent of having been ruled against, or taking it two steps further to U.S. District Court, in which case your legal bills will be MUCH higher. You MUST win the hearing!

    Tim
  9. dan0248

    dan0248 New Member

    The Spider to the fly. Each case is different; yours may have been open and shut case. Mine was, when I applied it went straight through. But from the horror stories that I’ve heard on this web page is enough to make you want to fight for the changes that need to be made. Ok tell me why an applicant has to wait for five months once approved before their start getting their pay. Are they trying to starve you out or what, it makes no since, what so ever. I plan on being more active with this cause after I get my house sold and settled in some where else. Their method of eligibility is also screwed up, they really need to set a standard and stick with it across the board. No state should be allowed to change the coverage or method to determine who is afflicted with these diseases. , there should never be state by state rules. The is some verbiage in the ADA act that states something like there should be treated equally and fair and in the same manner of fashion. How many different horror stories have we all heard with in just one state? Now let’s look at it across 50 states. My point is a nickel is a nickel and it’s the same in any state, just the same as a person with any of these damn diseases, let’s get serious, and let’s do it now.
    [This Message was Edited on 03/14/2003]
  10. Betty50victor

    Betty50victor New Member

    My denial (first one) was dated Feb. 6, and I have to have the paperwork back to SSA by 3-28 (that'll be the 60 days they give me to get it to them). I talked with an Attorney's assitant and she talked to the atty and they said that I didn't have time to get copies of med records, and other stuff they want in time for recon. To get med. records from Kaiser would cost me 50$, which I think is obscene. Anyway, the atty office said to go ahead and gather all info they need and I should set up appt. with them so they can review my stuff to see if they can help me and if they can, they'll get everything ready for the 'NEXT' denial! BOY, THAT WAS NOT A VERY ENCOURGING THING TO SAY!
    Well, I'm just gathering any new doctors (visit) notes and letters from fam. and Friends.
    Wish me luck. I'm trying to be positive since some of the people on here have won without atty.
    I'll keep you all posted. Thanks for your input and help.
    Love and Hugs, Betty