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12/04/2011 06:53 PM

Attorney for Disability Review

mlcannella
 
Posts: 7
New Member

I'm going through my Disability Review and was denied so appealing now and having trouble finding any attorneys that don't only take new application cases. I figure I;ll need one if my reconsideration is denied, which it most likely will be, and I have to go to the Hearing stage. Has anyone had this problem? and if you found an atty, how much did it cost you?
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12/04/2011 07:22 PM
ElvisPresley
ElvisPresleyPosts: 2885
Group Leader

Most attorneys won't even take your case until after the initial denial happens,also most attorneys work off a percentage of your back pay which is 25% or up to 6 grand max.Most attorneys require no money up front to take the case.

12/04/2011 07:45 PM
mlcannella
 
Posts: 7
New Member

Thanks, but that's the problem, I won't be getting any back pay, i've been on disability 3 years now and HAVE been denied continuation of benefits,as of Jan, but because I am in an appeal process, they will continue to pay me through the appeals. They say my disability is no longer severe enough to prevent me from working so supposedly no longer disabled. So how is someone in my situation suppose to find an attorney for my appeal? That's what I can't figure out.

12/05/2011 04:21 AM
ElvisPresley
ElvisPresleyPosts: 2885
Group Leader

Sorry, I misread your question. Hopefully someone here has experience with CDR Reviews. May I ask whats your disability and how long have you been on it? Are you on SSDI or SSI?

12/05/2011 02:23 PM
fibroforever
fibroforever  
Posts: 4128
VIP Member

I too, am curious as to what your disability diagnosis was.

What was their reason for denying you in your review? I mean- if you don't mind sharing some of your letter, that would be good. I'm jut wondering if they said anything in there about 'why', as in your doctor....? I wonder if maybe your doctor didn't complete the necessary paper work? I'd probably follow up with your doctors, prior to getting an attorney. Make sure they did their part.

I'm also wondering- did SSA send YOU any forms to complete for the review?

And, lastly, I guess my advice in obtaining an attorney in this situation would be to call some that state they specialize in disability cases. Ask them if they've ever handled any of these types of situations. Also, ask them (either way), how much they charge, since this is a 'review' denial, and not an initial denial.

You certainly raise a VERY GOOD question.


12/05/2011 03:24 PM
mlcannella
 
Posts: 7
New Member

I was originally awarded on Bipolar, severe w/mixed mania and depression diagnosis. Now they say it is not severe enough to keep me from working. They say I am able to communicate, attend to my daily activities, get along with others, adjust to ordinary emotional stress, without assistance therefore am able to work. (none of which is true!) Since my original diagnosis I have also been diagnosed with Panic Disorder with Agoraphobia, Generalized Anxiety, ADHD, OCD, Social Phobia.

I had to fill out two different forms from SSA, one a regular information gathering form about condition, meds, doctors etc, the second was a 10 page functionality report where they ask about your activities and abilities, my sister (who helps me) had to do one too, and they sent my doctor a little two page form to fill out. It is that form they reference in their denial letter, so I've got to get a copy of that, but my doctor is livid they have denied me, can't believe it and wrote a letter for my appeal package.

I did a lot of research last night and found the Steps of Review and the Medical Listings from SSA. If you meet the criteria on those listings you are automatically awarded. If not, you move through the other Steps which then look at ability to work, and other things. I know I meet the criteria on the listings. I emailed an attorney blog last night and his response was that I need to have my doctor write a letter specifically pertaining to that Medical Listing and my meeting the criteria to add to my appeal. He said I would have a very hard time finding a lawyer because they all only want the big award cases of the initial claims.

Post edited by: mlcannella, at: 12/05/2011 03:25 PM


12/05/2011 05:00 PM
wolfmanpark
wolfmanpark  
Posts: 2720
VIP Member

I have to ask are you going to an mental health doctor on a regular basis ? I mean after the story on the news about the lady collecting ssdi welfar and getting her rent paid for her while living in an 1.5 million dollar home the shit is gonna hit the fan with a lot of cases. Your probaly a part of a hugh wave of folks about to be put thru the ringer on ssdi. I expect that in the next few years they will put a lot of others off that are claiming illness that are not being still treated.

12/05/2011 05:12 PM
mlcannella
 
Posts: 7
New Member

yes, i see my psychiatrist regularly.
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