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UndercovrAngel · 07-29-2012, 01:29 PM

Bronco,

I am glad that you are taking things one step at a time, and taking your time to get things done correctly.

As for the attorney fee being 25%, unless you agreed to that in writing, he CAN NOT set his fees. They are decided by SSDI if/when you are finally approved for disability and the fees are generally taken out of your back pay. And even if you did agree to the amount, I don't know if SSDI will hold you to that. There are specific laws that cover attorney fees and SSDI. In my case, my attorney was only paid $500 from my back pay when I was approved.

I noticed you stated that you were taking fluoxitene for anxiety. This is a medication that is normally prescribed for depression. My fiance' Randy has been on it since his break down back in November of 11. Make sure that it shows on the list of medications that you take on a regular basis as it should get the person who is reconsidering your claims attention. Although you may have been prescribed this med for an off purpose use, anxiety is a large part of depression, as is isomnia.

When you originally filed for SSDI, were you sent forms by them to fill out in regards to how your injuries have affected your day to day living ?? As well as given the ability to have at least 2 friends/family members fill out the same stating how they have seen your disability affect you? I was sent 5 pages of questions once my file was received that I had to personally fill out with answers pertaining to my injuries/illnesses that kept me from being able to work/do things I had been able to do prior to the illness/injury as well as how it affected my daily living habits. I also had my fiance and best friend fill out the same, only using their perspective in how they saw how the illnesses/injuries changed/affected me.

You may not want to get your attorney involved in the appeal, but at least ask for his help in how to write the appeal effectively so that you have a better chance of being approved. It might be worth a couple hundred dollars just for that if it gets your claim noticed and approved this go round. Otherwise, you may be waiting a year or longer to get in front of a judge for your final go round. It all depends on how many others are having to fight to get their claims approved.

Angel ^j^

AQA · 07-30-2012, 02:56 AM

(07-29-2012 02:01 AM)bronco54501 Wrote:
(07-29-2012 01:34 AM)UndercovrAngel Wrote: Bronco,

As stated prior, ask for a disc with all your records that were received/used for the determination. Make sure that ALL medical records... from all WC drs, therapists, VR etc are included. It doesn't matter if you saw the Dr one time. Also any other medical records you have such as PCP, neuro, etc that you might have seen in the last 10 years. Also all tests... MRI's, CT's, EMG/NCS etc. All of these records are important.

I applied at 45 years of age and was approved in 71 days with the assistance of an attorney. If I were you, I would have your attorney help with at least the wording of your appeal, as that has a lot to do with how the person reading it and going back over your claim will look at everything.

If there are conflicting reports between Dr's on whether they feel you can/can't work, don't be surprised if on your appeal, you are required to see one of SSDI's Dr's to clarify your ability to do certain things.

Do you have any record of depression?? This is a big one for SSDI. Due to all your injuries, inability to work, inability to do the things you once loved to do, inability to care for your infant son in a manner in which you should.. these can all be big factors for depression. If you haven't had to deal with depression nor see a Dr for it, I applaud you. You are one strong man not to let all of this get to you.

If I can help you in any way, just let me know and I will do all I can. I hate to see you lose everything after coming all this way in your battle.

Angel ^j^

I have always have been strong minded, I get that from my mother... Even though lately my world seems to be falling apart I keep trying to think tomorows another day.. It's starting to eat away at me lately but even the shrinks the pm clinic has sent me to in the past shows me not a sign of depression but thats been 2 years ago... But the axiety is documented and is being controlled by meds (fluoxitine) and a little self awarness of the things that set it off...

I have not appealed as of yet, I have been waiting for the records of my last visit with my injury dr, in which by the dates of records ssa does not have them.. It was my end of healing and a list of restrictions and some forms similar to what a member here sent me to have filled out.... I have an appointment this week with my primary and am going to have him fill them out as well.. This way I know there aint nothing left out when I appeal... I would rather try the appeal again without the lawyer because there fee is 25%..

When I recieved the notice of the decision, the papers state I can have have it in person with my local ssa in which I will do..

Sounds like a well thought out plan to me. I always wanted a face to face visit with them. That way I had a Q and A face to face. I only caution what you already know. The time frame.

Take care

bronco54501 · 07-30-2012, 10:58 AM

(07-29-2012 01:29 PM)UndercovrAngel Wrote: Bronco,

I am glad that you are taking things one step at a time, and taking your time to get things done correctly.

As for the attorney fee being 25%, unless you agreed to that in writing, he CAN NOT set his fees. They are decided by SSDI if/when you are finally approved for disability and the fees are generally taken out of your back pay. And even if you did agree to the amount, I don't know if SSDI will hold you to that. There are specific laws that cover attorney fees and SSDI. In my case, my attorney was only paid $500 from my back pay when I was approved.

I noticed you stated that you were taking fluoxitene for anxiety. This is a medication that is normally prescribed for depression. My fiance' Randy has been on it since his break down back in November of 11. Make sure that it shows on the list of medications that you take on a regular basis as it should get the person who is reconsidering your claims attention. Although you may have been prescribed this med for an off purpose use, anxiety is a large part of depression, as is isomnia.

When you originally filed for SSDI, were you sent forms by them to fill out in regards to how your injuries have affected your day to day living ?? As well as given the ability to have at least 2 friends/family members fill out the same stating how they have seen your disability affect you? I was sent 5 pages of questions once my file was received that I had to personally fill out with answers pertaining to my injuries/illnesses that kept me from being able to work/do things I had been able to do prior to the illness/injury as well as how it affected my daily living habits. I also had my fiance and best friend fill out the same, only using their perspective in how they saw how the illnesses/injuries changed/affected me.

You may not want to get your attorney involved in the appeal, but at least ask for his help in how to write the appeal effectively so that you have a better chance of being approved. It might be worth a couple hundred dollars just for that if it gets your claim noticed and approved this go round. Otherwise, you may be waiting a year or longer to get in front of a judge for your final go round. It all depends on how many others are having to fight to get their claims approved.

Angel ^j^

I did recieve the forms of which your talking, and the medical meds sheet... On my forms from the ssa on the bottom it states if I list a attorney and he participates in the appeal they will hold out 25% for thier fees from the back pay.. I do have the fluoxitine listed and what it is taken for, I have known its also used for depression... My primary perscribed it when my injury dr wouldnt, it took a near stroke and a er visit with a over night stay to get it noticed.. I have burned up 2 weeks of the 60 days to appeal , hopefully by friday I will have everything needed.....

Thanks for all you's helping me......

~~lucky~~ · 07-31-2012, 09:34 AM

The maximum a Attorney can get is $6000 dollars from your back pay. Read this:

http://www.ssdrc.com/disabilityquestions2-23.html

bronco54501 · 07-31-2012, 07:27 PM

(07-31-2012 09:34 AM)lucky Wrote: The maximum a Attorney can get is $6000 dollars from your back pay. Read this:

http://www.ssdrc.com/disabilityquestions2-23.html

very nice to know.........Thanks.

UndercovrAngel · 08-01-2012, 01:05 AM

Bronco

You need to read the following page in regards to back pay and retro-active pay as there is a big difference in the 2.

http://www.disabilitysecrets.com/back-pay.html

Angel ^j^