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Thu Mar 10, 2022, 10:41 AM

Am I being a pain?

I've applied for SSDI and was turned down the first time. I have a lawyer. His firm will get 25% of any back payment I receive. I need a letter for my long-term disability insurance (LTD), which I'll have to pay back, from my lawyer saying I was turned down, an appeal was filed, and when it was filed.

It's time-sensitive. My LTD company called me Monday to tell me I needed a letter with this information. I had a call into my lawyer's office yesterday for this letter. Didn't get a call back. I'm getting nervous now. I didn't get a call back, but, like I said, I need this letter for LTD soon.

So, I called the attorney's office this morning to speak to the letter writer. She sounded annoyed. I have anxiety and self-esteem problems.

Was I wrong to call again? Squeaky wheel and all that. My COBRA payment is $740 a month.

It's a long, exhausting process.

25 replies, 578 views

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Arrow 25 replies Author Time Post
Reply Am I being a pain? (Original post)
XanaDUer2 Mar 2022 OP
MLAA Mar 2022 #1
XanaDUer2 Mar 2022 #6
redwitch Mar 2022 #2
XanaDUer2 Mar 2022 #4
vanlassie Mar 2022 #3
CrispyQ Mar 2022 #7
XanaDUer2 Mar 2022 #8
tblue37 Mar 2022 #5
XanaDUer2 Mar 2022 #9
tblue37 Mar 2022 #10
XanaDUer2 Mar 2022 #11
2naSalit Mar 2022 #12
XanaDUer2 Mar 2022 #13
2naSalit Mar 2022 #14
SWBTATTReg Mar 2022 #15
2naSalit Mar 2022 #16
SWBTATTReg Mar 2022 #17
2naSalit Mar 2022 #18
XanaDUer2 Mar 2022 #20
SWBTATTReg Mar 2022 #21
XanaDUer2 Mar 2022 #22
SWBTATTReg Mar 2022 #23
XanaDUer2 Mar 2022 #24
Wounded Bear Mar 2022 #19
Skittles Mar 2022 #25

Response to XanaDUer2 (Original post)

Thu Mar 10, 2022, 10:43 AM

1. For 25% the law firm should take your calls with a cheery 'hello'!

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Response to MLAA (Reply #1)

Thu Mar 10, 2022, 11:15 AM

6. I know they're helping lots of people

I'm not their only client. It's a good law firm so far. But, yeah. Shit pops up. It did at my job...

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Response to XanaDUer2 (Original post)

Thu Mar 10, 2022, 10:43 AM

2. No you are not being a pain.

This is really important to you. Make sure they do what they need to do in a timely fashion. Good luck!

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Response to redwitch (Reply #2)

Thu Mar 10, 2022, 10:52 AM

4. I had a gut feeling I wasn't getting a call today, either nt

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Response to XanaDUer2 (Original post)

Thu Mar 10, 2022, 10:48 AM

3. Be the biggest pain in her day.

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Response to vanlassie (Reply #3)

Thu Mar 10, 2022, 11:15 AM

7. LOL. This!

To the OP: You're paying for their services. You have the right to expect an update on where they are at in getting your time sensitive business completed. I'd think they'd want to make sure you get those back payments, too.

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Response to vanlassie (Reply #3)

Thu Mar 10, 2022, 11:16 AM

8. Lol

Yeah, I am trying to be more assertive

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Response to XanaDUer2 (Original post)

Thu Mar 10, 2022, 11:12 AM

5. No she was being a pain.

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Response to tblue37 (Reply #5)

Thu Mar 10, 2022, 11:17 AM

9. She said she'd do the letter today

Sigh.

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Response to XanaDUer2 (Reply #9)

Thu Mar 10, 2022, 11:21 AM

10. And you have a right to check back at the end of the day to see if she did so.

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Response to tblue37 (Reply #10)

Thu Mar 10, 2022, 11:25 AM

11. Yes!

I sat by the phone yesterday all afternoon thinking I'd get a callback after she wasn't busy. But I just had this feeling today I wouldn't hear back today, either. The office closes at noon tomorrow.

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Response to XanaDUer2 (Original post)

Thu Mar 10, 2022, 11:38 AM

12. I'm not an attorney...

But I have been through the process and all I can offer is what I went through as a brief primer of sorts.


What I learned the second time I tried to apply with the help of a resource assistant at the local clinic is that you apply then get rejected after 90 days. At that point you immediately request a medical review. Make sure you have all you relative medical proof available to the agency.

No lawyers involved at this point.

A medical review requires you to release your medical info, a different set of investigator(s) review your case, everyone goes through these two parts and waiting periods, the review will take no less than 6 months. Should that be rejected, then you get an attorney and they should 10 or 15% of the first tranche of $$ should you be approved and nothing more. This initial $ will be the amount of $ you would have received from SSDI had you been already approved over the first year during the application when you could not have been working. Then there is the monthly allotment from which no attorney should get anything.
(In my case I never needed the lawyer because the medical reviewers agreed that I was done working and I was called on a Saturday, informed I had been awarded SSDI. If it hadn't been the case worker from five years prior, I wouldn't have believed it for days.)

What I learned the first time I applied and was denied five years prior was that you should avoid attorneys until absolutely necessary but also that you can fire the attorney, in writing, at any time and owe them $0. Up to the point where you agree to whatever they negotiate for you. You also have to notify any other parties involved that you have fired the lawyer.

You may get responses from the other parties right away so be prepared. I did and negotiated a settlement 2X the amt the lawyer was going to get for me when it was all over and they weren't doing anything helpful to get me medical help for my injury on the WC claim I had activated and prompted my SSDI application. I ended up working for another five years.

Many lawyers rip off SSDI applicants. be very careful.

And good luck!

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Response to 2naSalit (Reply #12)

Thu Mar 10, 2022, 11:51 AM

13. Thank you!

This attorney works with my very-trusted psychiatrist and is known as excellent for complex SSDI cases. Besides my mental issues, they brought in my physical issues- back-and-shoulder problems. My job devolved from white collar into stevedore job my 56-yr-old body could no longer handle.

Naturally, the LTD company wants me off their coffers. This lawyer can help with that, too. I trust them, but I need this letter soon. Maybe she's worked off her feet; I don't know. But I still need it. I was turned down the 1st time, despite my age and heavy duty meds, is because the "mental health assessor" who interviewed me for 12 minutes said if I had problems my whole life, I can suck it up and continue to work.

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Response to XanaDUer2 (Reply #13)

Thu Mar 10, 2022, 12:07 PM

14. Hmmm...

Complexities are what they are, complex. I have PTSD and a deteriorating spine due to hard work and arthritis. It was the set of spinal MRIs that won the case, the mental health component was secondary but noted and its mention affords me free therapy for that.

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Response to 2naSalit (Reply #12)

Thu Mar 10, 2022, 12:22 PM

15. Nice write up. I am sure lots of other DUs will certainly use this very helpful advice. I

copied it to save, in case I ever get any ?s from friends, etc. on getting these hard-earned benefits, that we've all paid into for our entire working careers.

Thanks again!

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Response to SWBTATTReg (Reply #15)

Thu Mar 10, 2022, 12:34 PM

16. Well...

I would hate to see more people going through the anguish I did, and others go through so much more than I did. At least I'm still ambulatory and, even though I was homeless and living in my car for ten months, I was aware of what the whole process involved being an MPA and all. It was psychological torture and tested me every day but I somehow survived it and the reward is that I can pay rent, feed myself and keep a running vehicle available so I came out the other end with what I was aiming to get.

The only other thing I would add that is very important is that when asked on forms and in interviews about your health issue and its cause, claim that it is cumulative! Then you don't have one event scrutinized and used to screen you out. Cumulative means that your working hard or whatever has built up over time to render you unable to participate in the work force and another big thing to claim is memory loss, always claim that. I got that advise from my resource assistant who helps people apply as her job. One thing that kept me sane during it all was her hand-holding skills which she used with aplomb making sure I knew what each step was and when to expect it. I gave her a painting in gratitude.

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Response to 2naSalit (Reply #16)

Thu Mar 10, 2022, 12:39 PM

17. I was lucky, I did have a wonderful company help me in my efforts, which some of them

are actually decent. I didn't want to put their name out there, but if someone does ask, I'll provide. The fee was very reasonable too.

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Response to SWBTATTReg (Reply #17)

Thu Mar 10, 2022, 12:42 PM

18. I was even luckier...

Mine was free and provided as service at the community clinic I use as my medical provider. But free or not, they are worth consulting, especially in the beginning.

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Response to SWBTATTReg (Reply #15)

Thu Mar 10, 2022, 01:59 PM

20. Exactly

These are earned benefits-which needs to replace the word entitments- i and my employers have paid for 35 years in my case.

And it seems like many Americans have roadblocks set up to get them

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Response to XanaDUer2 (Reply #20)

Thu Mar 10, 2022, 04:09 PM

21. And little do Americans know that the republicans used funds for these accounts of ours,

to so call balance the budget under their regime. This is outrageous.

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Response to SWBTATTReg (Reply #21)

Thu Mar 10, 2022, 04:14 PM

22. I know

And I never got why news does not report this, or AARP or something. Maybe AARP does. I'm a member, and their newsletter is pretty informative.

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Response to XanaDUer2 (Reply #22)

Thu Mar 10, 2022, 04:16 PM

23. Someone did report on it, that's why I knew about their little scam/trick to balance their

budget. I'm not sure where I heard of this scam from, but I wouldn't be surprised if it was AARP. They are pretty good.

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Response to SWBTATTReg (Reply #23)

Thu Mar 10, 2022, 05:45 PM

24. It needs to be shouted from the rooftops

Maybe wake some of these Republicans the Hell up.

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Response to XanaDUer2 (Original post)

Thu Mar 10, 2022, 01:25 PM

19. No. The system is set up to benefit lawyers...

the longer they string shit out, the more money they get in the end.

Meanwhile, you're flailing, fighting off all the peripheral shit that goes with disability.

About all you can do is "be a pain."

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Response to XanaDUer2 (Original post)

Thu Mar 10, 2022, 06:02 PM

25. no, you are being proactive

and that gal who answered the phone is extremely unprofessional

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