posted
I have gone through every appeal possible w/o a lawyer because no one would take my case. Then I finally found Binder & Binder who will help me reapply only. They made a huge mistake that cost me a deadline. I didn't know if I trusted them after that. Now I told them the info over the phone for the new application. They sent it to me to sign. There are so many errors that I am shocked. All the dates are wrong. They didn't list five of my meds. Of the meds they did list, the symptoms that I use it for are all mismatched. I think this is a bad sign. I called them and all they had to say was for me to cross out and rewrite the info and they'll fix it. No apology or anything for getting it SO wrong. This is the only law firm that's been willing to take my case in over 2 1/2 years! What do you all think???
Posts: 72 | From California | Registered: Mar 2004
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quote:Originally posted by bethanie70: I have gone through every appeal possible w/o a lawyer because no one would take my case. Then I finally found Binder & Binder who will help me reapply only. They made a huge mistake that cost me a deadline. I didn't know if I trusted them after that. Now I told them the info over the phone for the new application. They sent it to me to sign. There are so many errors that I am shocked. All the dates are wrong. They didn't list five of my meds. Of the meds they did list, the symptoms that I use it for are all mismatched. I think this is a bad sign. I called them and all they had to say was for me to cross out and rewrite the info and they'll fix it. No apology or anything for getting it SO wrong. This is the only law firm that's been willing to take my case in over 2 1/2 years! What do you all think???
I use a lawfirm called Elkind and Shea in Bethesda, Maryland at 301-495-6665 - They are specifically a disability law firm. Unfortunately, I just got my second denial and am on an appeal doctate to appear before an administrative law judge - step 3 of i don't know how many processes. But call them, Scott has dealt and won disabiilty cases with Lyme disease patients. Their website is: [email protected]. Hope they can help. Diane
Posts: 121 | From Gaithersburg, MD USA | Registered: Apr 2005
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arg82
Frequent Contributor (1K+ posts)
Member # 161
posted
I'm applying for SSI with help from Disability Advocates of America. They're not lawyers but rather nurses but they basically take the place of a lawyer. I have only filled out the first set of papers that names them as my advocates, but I talked to my advocate on the phone and he seems to know what he's doing. Might be worth checking out.
posted
Thanks for your responses and for the links.
I have not been assigned to a specific lawyer. I did call and ask about all the mistakes. All I was told was to cross them out and write in the correct info. I complained about the number of errors and that there were in response to VERY important questions. I was told the same all over again. FYI- this info was not from another source. This info was typed in while I was on the phone answering the questions. I don't see any excuse for the poor work.
I did write a note with the paperwork. Once again commenting about how many errors were on the papers. I know I just don't have a choice. I went the whole cycle without a lawyer because I couldn't get one. I got denial after denial. Now I'm applying all over with them. Oh, I did request that nothing be sent on my behalf without me looking at it first. I don't know if I can trust them on that though. Thanks again, Beth
Posts: 72 | From California | Registered: Mar 2004
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posted
Beth, FIRE them! Don't get stuck with these slobs who are careless. If you find this now, think what damage they can do later.
Write your local & state SSDI offices saying you have fired the lawyers so they can NOT collect any fee money IF you would win in the future.
Go to the sites above. Also, go to the DISINISSUES site:
Also be sure to go to DISINISSUES yahoo web site. Do a SEARCH on here for it. It would be a HUGE advantage to go there.
In there is an example of a female MD's template to be used for FILING SSDI! Print a copy of this BEFORE your telephone hearing.---------------------------------- --------
Read her detailed descriptions of what SHE CAN NOT DO FOR WORK; apply these ideas to your job situation.
It is NOT an easy job going thru this pure hell. I've been in this 4.5 years, and on my 2nd SSDI app.
12-23-04, appeals council turned down my 1st app and FAILED to provide me/my former lawyer a set of ALjudge hearing tapes so he could write a detailed brief! So AC denied without having a brief from my lawyer.
I'm working on this injustice w/out filing by Feb. 23 a civil court case against SSD.
So if you don't have the GUTS TO FIGHT continuously, don't even think about trying. All of your privacy is invaded, but you aren't married so they won't be able to invade your sex life too.
Again, do a search on medical questions, etc. going from screen to screen as it was recently posted here again. Best wishes!
If you do this CORRECTLY with ALL DETAILED INFO given, you can win on the 1st try using disinissues help! There is losts there too..months of reading.
Better to hold off filing until you get the needed info. Have you read your drs. medical reports on you? Mine were terrible and NOT detailed enough. What I was told & what was there were 2 different stories.
FYI, I've been in the SSDI process 5 yrs. 8-05! If you have to go every step of the way in denials and go to civil/federal court, you are talking about 8-10 yrs. of stressful, frustrating years to your health.
If I lose my 2nd ALJ hearing coming up next month, I'll quit the process...note worth it to my health. Sent the last of my medical reports 10 days ago.
Wed. this week, my LOCAL SSA office called saying they have my file & I could REVIEW it for 1 week. I went & reviewed it using post-it notes & paper clips so I could OCPY DDS' MD & psychologist RFC/mental function capacitues.
THIS IS A MUST DO...review & get copies of DDS reports you NEVER see until you/your lawyer can review the file! Then you can use what they found as discrepancies by finding CORRECT info in your files.
Best wishes. Do NOT give up; nor take unacceptable lawyers like you found.
EDITED to add:
Ask to review your file and that SSDI HA office send it to your LOCAL SSA office for you to review there.
They will notify you when the file comes for you to go there. Don't dress up; dress very casually....you will be observed:
for your dress, handicaps they observe....walking, standing, concentration, bathroom breaks, etc.
Take post it notes so you can mark the pages of DDS' MD/psychologists who prepared MENTAL/PHSYCIAL residual function capacity questionnairs on you, etc.
Mark to make a copy of EACH DDS report their in-staff drs. prepared. There should be a typed summary at the end. Read that well. You will find their comments used to DISAPPROVE your claim.
Use their remarks to help your case by finding ACCURATE medical reports from your "treating" MD, etc. whose weight is given MORE weight for approval vs. DDS; MD/psychologists report.
I'll work on my remarks using DDS reports I copies last Friday to my advantage in the future.
Betty G., Iowa
[This message has been edited by bettyg (edited 18 April 2005).]
Posts: 1 | From US | Registered: Aug 2015
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There are many more links, as well as advice, in the "useful" messages in the Files area of the website. Go to http://groups.yahoo.com/group/Disinissues and click on Files.
These links are a compilation of several areas of interest which are commonly requested and mentioned. They reflect the collected wisdom of this group. Check them out - you just might find the information you were looking for! Take a look at Files that are not specific to your situation, because they might be helpful anyway - what works for Social Security may work for LTD claims, what applies to CFS may apply to your medical condition.
You must register with Yahoo to use the website, but note:
Be careful not to permit your address to be put into the directory when you register. Put as little as possible into your public profile.
You do not need a Yahoo address to use the website. Your email address is what Yahoo calls your "alternate address."
Contact the moderators at [email protected] or for AOL subscribers: Click here
I certainly appreciate the time you took to respond to my post. I have spend the last 2 1/2 years looking all over for a lawyer. So at this point it's use Binder and Binder or go it alone. I already did the whole process without a lawyer without any success.
I went and copied every single piece of paper in my file. My drs say, without a doubt, that there is no way I could work. They wrote letters stating that. Still the dr that was at the hearing said that I only think I can't work, but I can.
I have viewed all the cites that you listed, many times. From what I am told there are one out of two reasons for my denials. One- I have three young children, therefore I could work. (Even though I submitted proof that I pay for full time child care because I'm too sick to take care of them.) Two- I am too young (34 but feel like 90) and too educated. They don't want to have to pay me for 30 more years (as if I'm going to make it that long). And I guess they figure if your educated you can work. Although I fail to see the connection.
I still have no idea what I'm going to do. I guess I'll see how they respond to my note regarding their many, many mistakes. I really don't have the strengh and it's a huge tax on my health. However I have 3 kids I need to provide for and I'm useless.
Take care, Beth
Posts: 72 | From California | Registered: Mar 2004
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JillF
Frequent Contributor (1K+ posts)
Member # 5553
quote:Originally posted by bethanie70: Hi Betty, I certainly appreciate the time you took to respond to my post. I have spend the last 2 1/2 years looking all over for a lawyer. So at this point it's use Binder and Binder or go it alone. I already did the whole process without a lawyer without any success.
I went and copied every single piece of paper in my file. My drs say, without a doubt, that there is no way I could work. They wrote letters stating that. Still the dr that was at the hearing said that I only think I can't work, but I can.
I have viewed all the cites that you listed, many times. From what I am told there are one out of two reasons for my denials. One- I have three young children, therefore I could work. (Even though I submitted proof that I pay for full time child care because I'm too sick to take care of them.) Two- I am too young (34 but feel like 90) and too educated. They don't want to have to pay me for 30 more years (as if I'm going to make it that long). And I guess they figure if your educated you can work. Although I fail to see the connection.
I still have no idea what I'm going to do. I guess I'll see how they respond to my note regarding their many, many mistakes. I really don't have the strengh and it's a huge tax on my health. However I have 3 kids I need to provide for and I'm useless. Take care, Beth
Beth, so to make sure I am understanding this correctly; you were denied on 1st claim by ALjudge and then appeals council.
You have now filed your 2nd SSDI claim, and that is the claim lawyer's staff took info from you & MISTYPED most of info...correct?
then at 1st ALJ hearing, you or THEY had a dr. there who said, "you think you can't work, but you can"? So it was THEIR dr. there....correct?
You said you copied every single sheet of paper in THEIR files including DDS' dr/psychologist reports??
You stated your drs. had written letters but did they specifically state WHY you can't work:
. can's sit more than 20-30 minutes without getting up to stretch.
. can't walk more than 10 minutes max.
. can't stand while making copies of things...
. can't crawl, bend, etc. in any type of job.
. can't grasp papers or staple since she has lost the use of her hands doing repetitite type work.
. can't multi-task anymore; answering phone and taking phone messages
these are just a few examples of things off the top of my head...
Beth, I feel for you; been there and still going thru that....
Bettyg, Iowa
Posts: 1 | From US | Registered: Aug 2015
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Yes, all the info you mentioned was correct. I was denied by the judge and then the appeals council refused to look at it again even though I had new evidence.
The drs letters were very detailed. Basically the judge stated that since THEIR dr found that I only think I can't work, that I was denied. He said the three (2 of them mine) didn't agree, so he was going with the one who said I could work.
It is the new SSDI application that the lawyer's office made all the mistakes on. They asked me the questions over the phone and then typed in inaccurate info. I'm still waiting to here from them.
Jill- I will check out the post you linked. Thanks to both of you!
Posts: 72 | From California | Registered: Mar 2004
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cootiegirl
Frequent Contributor (1K+ posts)
Member # 3216
posted
I sure don't want to sound flip here, but please keep on looking. There really are attorneys out there that will represent you. I live in NYS and used an attorney that had no previous lyme experience but had represented clients with FM, CFS, etc.
I certainly had to do the lion's share of the initial work - make sure all your applications are very very detailed, and he did a very good job representing me.
As luck was in my favor I had a very good judge who 'got it'. I was declared disabled.
So do take the advice and look into the links the others have provided you. If you feel uncomfortable about the lawyers, then I say follow your gut instinct and pass on them.... cootiegirl
Posts: 1728 | From New York State | Registered: Oct 2002
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posted
[QUOTE]Originally posted by bethanie70: Hi Betty,
Yes, all the info you mentioned was correct. I was denied by the judge and then the appeals council refused to look at it again even though I had new evidence.
The drs letters were very detailed. Basically the judge stated that since THEIR dr found that I only think I can't work, that I was denied. He said the three (2 of them mine) didn't agree, so he was going with the one who said I could work.
It is the new SSDI application that the lawyer's office made all the mistakes on. They asked me the questions over the phone and then typed in inaccurate info. I'm still waiting to here from them.
Jill- I will check out the post you linked. Thanks to both of you!/QUOTE]
Bethanie, NEW evidence is good only for the time AFTER ALJ denied you...not after.
Appeals council only decides on what is ON their desks now.
Do you have fibromyalgia too? I received 11-02 court ruling on FM that a patient's TREATING MD has PRIORITY over DDS' in-staff MDs/psychologists who do NOT see the applicant/patient!
Going to civil court means 3-5 yrs. more so I didn't pursue this.
You can WIN this, but not thru these attorneys.
So at this point, you have NOT filed your 2nd SSDI app WITH SSA LOCAL OFFICE?
I'll come back tomorrow & add a link to the FEMALE MD'S DETAILED SSDI APP ATTACHED TO HER CLAIM that she gave local office; was approved on 1st step; 1st try. Very detailed why she can't work doing the 8 levels of things SSA wants to know about...standing, walking, sitting, bending, grasping, etc.
Time's up today. Bettyg, Iowa
Posts: 1 | From US | Registered: Aug 2015
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TheCrimeOfLyme
Frequent Contributor (1K+ posts)
Member # 4019
posted
Yes:
Please be aware of attorneys and the people who work for them ( commonly called Paralegals , and then there are Legal Secretaries).
I am a paralegal. I work for two attorneys. I have lyme disease. I have never, even at my worst, made those types of mistakes, ever.
Have I MADE mistakes, yes. None that were whimsical or funny, however.
In my opinion, considering all the above so stated; get a new law firm, immediately. OR
call and speak to the attorneys. Sometimes attorneys are NOT made aware of what goes on.
However, if you are dealing with GOOD attorneys, they watch what their paralegals and legal secretaries ( NOT THE SAME THING) are doing to begin with.
It's your call. But I would advise you are sincerely upset- to the attorney ear/face.
Posts: 3169 | From Greensburg, Pennsylvania | Registered: Jun 2003
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