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My first chat with a Disability Attorney (Someone Shoot Me!)

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Kate
dizzyflower
tecky
Paradox
Richard
rileyoday
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Cindy*W
susanasophia
Stillhurtin
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Post  Stillhurtin Thu Jan 21, 2010 4:52 pm

Soooo...
Made a couple calls to Disability Lawyers in my area to see about a consultation. My first call back was a huge hit (sarcasm!!)

I'll go Quentin Tarantino style to make it interesting and start with the end Suspect

I ended our call by saying to the man "Oh my god, your fu*$#ng NUTS!" and hanging up.

No joke. It went THAT well!

To sum it all up, he was an ignorant, male shovenist pig who knew nothing about M, accused me of being depressed and anxious (never been Dxd as such), made reference to my career and said "Oh that right there can give ya a headache!" AND...then proceeded to ask if I went to church regularly and when I said NO said "Well this is one of the hardest times in life and your all alone" I interuppted and said "Wait, I'm all alone?????" and he said "Yes you are not walking with the Lord."

OMG!!!!!!!!!!

Great start to the Disability process......Uggghhhh!! cyclops
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Post  susanasophia Thu Jan 21, 2010 6:25 pm

wtf.
i've been denied twice.
i have chiari and syrinx and had decompression.
i have headaches/migraines and have tried everything.
i have depression, anxiety, ADD, the list goes on.
and i was still denied.
and my lawyer specializes in disability.
wtf.
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Post  Cindy*W Thu Jan 21, 2010 7:12 pm

Jessica,

Wow, I am so sorry to hear that. If you wouldn't mind, I could call my disability attorney tomorrow and ask if they know a good one in your area.

I would hate for you to have to go through that again.

Cindy
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Post  milo Thu Jan 21, 2010 7:23 pm

SERIOUSLY? I would lose my mind if someone tried that on me. Twisted Evil
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Post  rileyoday Thu Jan 21, 2010 9:13 pm

no news


Last edited by rileyoday on Mon Jan 24, 2011 3:04 pm; edited 1 time in total (Reason for editing : incorrect)

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Post  Richard Thu Jan 21, 2010 10:07 pm

Whoa Team! Hold on a minute.

1) The lawyer you contacted was injecting his personal religious views into a professional relationship. This is known as religious harassment and is actionable. He also diagnosed you without a medical degree in his professional compacity,

What YOU need to do (I know do not have much energy) is go on the Net or the Yellow Pages and get the address of your State's Bar Association. Write the Bar Association stating "I want to file a professional complaint against Mr. X for religious harassment and for practicing medicine without a license." then write exactly what happened with as many details as possible ( At X:XX AM I called his office at 123-456-7890. I spoke with Mr. X. He said and I said ...) When the bar association contacts you, follow their lead.

This is important for your self esteem and to prevent other migrainers from being treated in like manner.

2) I filed for Social Security Disability in 2002 in San Francisco CA. My application was reviewed in Oakland. I was awarded disability upon application. My medical condition was "migraine" and mingraine alone. No denials, no appeals, no hearings.

3) Medicare begins two years after your disability began, not two years after you apply or two years after you win, but two years after your disability began and you were no longer able to work. My disability began in July 2000. I applied in March 2002 and received my benefits on July 1st 2002. I was immediately eligible for Medicare because my disability began in 2000 when I had to stop working.

4 This is critical. NO ONE GETS DISABILTY FROM THE SOCIAL SECURITY ADMINISTRATION BECAUSE THEY ARE ILL. It really does not matter how many illnesses you pile on to your application. One or twenty is all the same.

THE ONLY THING THAT MATTERS IS IF YOU CAN WORK!!

Being ill and not being able to work are NOT the same thing. Many people are seriously ill and able to hold down a full time job. think of Michael J Fox and Parkinson's Disease. But some of us are completely unable to work.

The application you complete for SSD is known as the green form. It asks questions like "How long can you sit?" "Can you life 30 lbs?" Do NOT answer these questions as though you were having a good day. Answer these questions like "Can you lift 30 lbs for 8 hours a day 5 days a week?" "Can you sit for 8 hours a day 5 days a week like a ticket taker at a movie theater?

When you write "I have migraines" it is meaningless. Instead write about what happens during a migraine episode. "I experience a visual disturbance followed by several hours of nausea and vomiting combined with a pounding pain in my left temple." Keep it SHORT and brutally HONEST.

But remember - tie it ALL to your ability to work 40 hours a week. Illness does not count. Your good times do not count. The ONLY question is "Can the applicant hold down a full time job commisserate with his/her educationb and experience?"

I hope this helps clear up some misconceptions,
Richard
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Post  Paradox Thu Jan 21, 2010 10:15 pm

Very thorough Richard and I think you explained a lot.

My son just went on SSDI and here I was sitting here thinking we had to wait two years for Medicaid when he's been disabled all his life.

Thanks for educating me.

Charlotte
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Post  tecky Fri Jan 22, 2010 12:34 am

Oh, Jessica, I'm sorry. What a terrible experience.

I applied in late August and I'm still awaiting a decision on my SSD application. I called last week and they said we should expect something in early Feb. It's really worrisome.

How do you go about finding a "good" SS disability attorney? Because I live in a rural area, quite a distance from a metro area, I'm not sure how to go about it. Traveling is pure torture for me, so I don't relish having to travel to consult with one.

It's certainly not process made to accommodate people with disabilities--it's difficult and tedious at best.

Hang in there.

Becky Crying or Very sad Question Exclamation
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Post  dizzyflower Fri Jan 22, 2010 3:08 am

I think what you wrote will help many of us, even those of us filling forms in England. I espescially like the differentiation between how ill we are and our ability to work.

I think you are right about complaining about that lawyer. Nobody should have to face that ridiculous response. I misguidedly thought that they were there to make things easier not harder.

I am sorry that anybody should have to go through this, and hope that there is an answer to this problem.

best wishes

Di

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Post  Kate Fri Jan 22, 2010 10:19 am

Wow, what a narcissit , jerk that lawyer is!

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Post  alli Fri Jan 22, 2010 10:35 am

I can't believe someone "practising" law would do something so blatantly illegal! What an @ss! Who is he to judge your religious beliefs? or state what your medical problems are! People like that just burn me!
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Post  Stillhurtin Fri Jan 22, 2010 9:09 pm

Thank you all for chiming in and for your words of support.

What a jerk, huh?? I am doing something about it.

HE really took my steam away, just when I had gained enough to plunge forward. Sad
It really was harassment!! He made me feel soo bad! Ughhh!

Anyway just wanted to say thanks. I'm not trying any more cold calls to lawyers. I'm traumatized...lol.
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Post  CluelessKitty Fri Jan 22, 2010 9:30 pm

I really think Richard commented and explained it all so well, that all I can do is add that I too was denied three times before I was finally granted my Disability Pension, so please, DON'T GIVE UP ever!
Fight fight fight, because if according to the laws and regulations you do qualify for disability you should get it in the end.

As for this:
.then proceeded to ask if I went to church regularly and when I said NO said "Well this is one of the hardest times in life and your all alone" I interuppted and said "Wait, I'm all alone?????" and he said "Yes you are not walking with the Lord.

I can only say:

My first chat with a Disability Attorney (Someone Shoot Me!) 265

Risa
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Post  Brain Pain Mom Mon Jan 25, 2010 10:43 am

Charlotte-

How did the process differ for getting your son approved? i am considering this for my daughter.
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Post  Brain Pain Mom Mon Jan 25, 2010 10:48 am

Jessica-

Enough for you...your cup runneth over! OMG I can't believe that! In case I need to contact one for getting my daughter on disability, can you please forward me this itiot's name so that I can avoid him? Wink I am so sick of people abusing their education bu being arrogant idiots. Doctors that think all of this is ficticious pain are right up there, too. I'll spread the word about him in the area, too. Twisted Evil Word of mouth is a powerful weapon!
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Post  milo Mon Jan 25, 2010 10:50 am

Please take Richards advice and report this man.
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Post  Stillhurtin Mon Jan 25, 2010 11:18 am

I did.
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Post  crt Mon Jan 25, 2010 2:22 pm

Honestly, it's a wonder he's still alive with that attitude. One of these days he's going to pull that stuff with the wrong person. There's a major jerk lawyer in my area who always carries a gun. He needs it.

What do you call skydiving lawyers? Skeet. Twisted Evil

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