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how much of a difference

posted 8/6/2007 7:29:25 PM |
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does a lawyer make when filing for disablity? Cause yall know I was turned down the first time, just wondered do the judges sit up and pay attention to the lawyers or is it all in vain ?

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Aug 6 @ 7:33PM  
Depends on the lawyer but typically between 25% and 33%.

Oh and YES they tend to pay attention when the lawyers get involved.

Aug 6 @ 7:43PM  
Get a Lawyer!!! The Judges do take Notice!!!

Aug 6 @ 7:50PM  
OMG you filed before a judge without a lawyer get one now the judge will definitely take notice and a lawyer knows how to "tweek" the system in your favor

Aug 6 @ 7:53PM  
The first time I filed I did not have a lawyer, but now I do , I just wondered really how much influence it has on the judges descision ?

Aug 6 @ 7:53PM  
Prepare to be turned down at least 1 or 2 more times, with or without a lawyer. Very seldom is it granted on the first try unless you are in a vegatative state. The main thing a lawyer does for you is to be sure that all the T's are crossed and all the I's are dotted. Never get past the hearings if the paperwork isn't correct. It's not so much that they listen when a lawyer is involved, but he will present your case in the prescribed manner and use the proper terminology. In other words, lawyer speak; "yes, my client deserves to be granted dis-ability", becomes a 15 minute monologue with all the whereby's, wherefore's, and whereto's that they seem to love in legal proceedings.
But, don't give up, they just want to be sure you really want it that badly. If you qualify according to your doctors written opinions, then they will grant some level of it at the end of your patience.

Aug 6 @ 8:07PM  
My husband was approved for disabilty on his back, first time, no lawyer, no pull from anyone. The lady at the claims office told us that the key to getting disability is your doctor's reports and test results. My husband happened to have one of the top Neurologist in the state as his doctor, I don't know if this helped or not but, he was aprroved, no questions ask.

Aug 6 @ 8:34PM  
Get a lawyer. One you feel you can trust.

My Dad was a lawyer. Passed the bar in 1939 and practice till a week before he died in 2003 (He was 91) He would even hire a lawyer if he did not feel confident in the subject matter. My mother was in a nursing home and he wanted advise on elderly laws. He hired a lawyer.

Aug 6 @ 8:55PM  
ladygrace - THANK YOU! I am so tired of misinformation! As I've tried to explain before (not just to you, Maggie, so this isn't directed at you)'s all about proper documentation AND the disabling condition to be expected to last more than 1 year. Period.

Get from SSA what they are specifically looking for. It's not classified information - it's just not something they freely make available to the public.

Go to your doctors' offices and hand pick the records yourself.

Make sure that a doctor can honestly say that the condition will last more than 1 year. If they say 10 months, go home and forget it; you're automatically not eligible.

I'd like to know how many people giving you advice worked with SSA on applications? 'Cause I did it for 2 years and saw many be approved on 1st try. Why? Because I found out what was needed, took my ass down to the records room, sat on the damned floor and looked through records until I found what was needed.


Aug 6 @ 9:08PM  
Maggie as stated in a couple of responses above you must have your Doctor on your side who clearly states the degree of your disability.

Instead of a simple 2 line reply on the form, get him to add an addendum describing in detail your limitations as it applies to seeking employment and the impact on your life.

My husband suffered his first of countless heart attacks at the age of 41 and I could write a book on the charades you have to play to get assistance.

Good luck to you!!!!

Aug 6 @ 9:16PM  
As stated before.. get all your records copied so you have copies to hand them.. that's the trick.

Aug 7 @ 12:01AM  
I musta just had a lucky situation. All these responses seem rather negative, and I got accepted the first time around. Have a good case, and have a good lawyer. Good luck, Mags!

Aug 7 @ 12:10AM  
Not everyone gets turned down the first time. If your paperwork provided fits what SSA is looking for and you qualify, you'll be approved. SxeBBW is right, I sat through a training recently on helping folks apply for DSI and SSI, you don't need a lawyer if you do the "leg work".

However, if you can't or don't want to do the research and legwork SxeBBW was referring to then perhaps sharing any backpay you are awarded with an attorney isn't the worst idea.

Aug 7 @ 5:07AM  
in some places it depends on what your disablility is or is considered.....Mags... I am asking you because you are the one who posted the blog (not because I am trying to pic on you etc)..... Is there ANYTHING that you CAN do with your disability, or is it sooo severe that you can just not function to hold down any sort of job? (That was a question that was asked to my father by the disability board). Cause Mags..... I have to be honest... you come across as a very intelligent individual, that has the capacity to think on her own. Is there something that you could do for work?

Aug 7 @ 8:45AM  
Sweetheart, get the lawyer! I was turned down the first time and went for a lawyer and within 3 weeks I got it.

Aug 7 @ 8:56AM  
Yessss! Get a lawyer..makes all the difference.

Aug 7 @ 8:58AM  
thanks for all the comments, gonna try to answer a few with just a general block of info

I had four strokes and a heart attack in june 06 had another stroke in feb 07, I worked after the inital illness, took two mths went back to work until feb that was when my dr decided I could not work , when he decided that I was put on short term disability, then long term thru my company, yes the dr wrote a letter for me to the SSA, all the paper work was gotten and delivered, the problem came about when I went to their dr and he did a physical exam , which turned out to be a good exam I suppose, its not physical I have issues with , its memory,I have short term memroy issues, an example being, I got an email from someone here that said you say you dont want to have anything to do with me in the past 4 emails, yet you still write, I thought OMG did I do that, I dont recall the first one, much less the other 3, I am sure thats hard to believe but its true, now having said that, I misplace t hings, lots and lots of t hings, like my glasses ,my drivers liscense, money,papers,and yes I have a central location for my things, but if someone moves it or I do and dont recall I cant find it , I cant get my mind to think where they may be, I miss dr's app's or show up on the wrong day, just sure that I am correct, I dont return phone calls, cause I dont remember you calling .... and its not as simple as a notebook to write things in , yes that helps , but would you run over and write down ...."cindy called" no cause I forget the damn book .... so you see I cant do alot of things that I could do physically simply because I cant remember how to do it ......speaking of physical I have signifigant weakness in my right hand, most days a gallon of milk is struggle, and yes I had a bit of therapy, so you see I have done the things to try and improve self and just not having any luck , now having said that ,what do yall think now?


Aug 7 @ 9:18AM  
I know it's spendy but see if you can't get a psych eval.. they will note the memory bit and the other things that have slipped. That might help.

Aug 7 @ 10:58AM  
thanks for the insight Maggie...i hope you are able to get your disablity payments, and everything straightened out.

Aug 7 @ 12:15PM  
best of luck and take care

Aug 7 @ 9:51PM  
If you've not checked out these links, it might help you to understand why you were denied and/or what you need to show in order to be found eligible.

How we decide if you are disabled.

Listing of Impairments (Adults)

I find it so frustrating that people put SO much stock into what fucking doctors say. In my experience working with doctors in this capacity, they think all it takes is them saying "you're disabled" and *poof!*, you get SSDI. They think they are gods and it's because people take their word for it...why?

I said it before but maybe if you read it on the SSA page you (everyone) will finally see I DO know what I'm talking about...with one exception: they are now telling people what conditions and situations constitute the SSA definition of "disabled". And I quote:

The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.

I have no idea what your condition is, but check the list and see where your condition is listed. If it's not, you have a serious fight on your hands. If it is, the problem is either with proper documentation, expected term of your disabling condition, or other factors (like where you worked, if you have money coming in, etc...)

I wish you the best, Maggie...

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how much of a difference