I filed for disability a while back and have not been granted it just yet. I have listed many doctors and hospitals or facilities I have been to, but for some reason they have not got in touch with those doctors because when they mail be back saying I can appeal and all that it tells me who was asked and if anything was sent.
Anyhow my main problems are mental issues, but I so have some physical problems also. My question is, how can I win this? I have tried finding a lawyer, but I don't have the funds. I can't work and that sucks. It's not fun staying home all day doing nothing. The friends I do have all have jobs and they can't hang out while they work. I just wish I had some way to take care of myself because my grandma is paying for my food and such. Is there a way I can win by myself?
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There are many types of disability, depending upon the country, state, province etc. You do not state exactly what you seek, so a specific answer is difficult.
However, I will assume you have applied for US Social Security Disability. If so, I can address some of your concerns:
Attorney:
All attorneys who practice Social Security Disability (there are many!) do not charge up front or bill in any way. The legal firm pays all filing etc., costs. If you do eventually qualify for this benefit, any attorney fee is paid out of the eventual benefit payment (up to $6K max) and that is sent directly to the firm by SSD. If you end up not qualifying for SSD, the attorney is not paid anything, by SSD, you or anyone else. Any attorney who wants to charge up front for discovery, fees, etc., should be reported to the American Bar Association.
Initial Application Process:
The initial application process is a pain and usually a lengthy wait process for a decision, but pretty standard. You note that the information you received states that you can appeal. Most, and I mean most (!!!) initial applications are rejected, and yours is par for the course. The letters you received say that you can appeal and that is exactly what you should do NOW.
Appeal Process:
You should now seek an attorney to move your case forward to a US Administrative Law Judge hearing. Again, this will be a lengthy process. The earlier you retain an attorney, the sooner you will be done with the entire process.
Here, I strongly recommend that you check the website of NOLO Press-a well known publisher who sells books that help people with various legal questions and problems that they can handle themselves. The address below will take you to a short information page that NOLO provides to help people understand specifically what they must do when applying for SSD. The information is free and there are no requirements. On the initial site page, there is a place (box) that you can access to find SSD attorneys in your area. You can make an appointment with any number of attorneys for no charge. Then the initial contact is usually a brief phone contact for information gathering by your chosen firm.
IMPORTANT:
The most important thing to know is this-going forward, you must be positive and completely organized in all that you do in this process. The legal discovery process is comprehensive so organization is key. The attorney you retain will work hard to present the best case for you. So you must pull your own weight in the process by doing whatever is asked, needed, etc., immediately. Remember, the attorney receives nothing if you lose, so give this your best shot always.
Administrative Law Judge Hearing:
The attorney will meet with you before the hearing, by phone and before the hearing to explain what will happen. Again, this is another step in the process but an extremely important one-how you present yourself to the judge in the hearing will make or break your case.
Administrative Law Judge Hearing:
You state that your disability and complete inability to work are the result of mental and some physical issues. To put this clearly, the ALJ judges have heard hundreds of cases like yours so they have "heard it all before". Again, being very organized and presenting well will help in your case. They want to know how you came to your present problems and why you are not able to work in any capacity. The judge will have all of your medical records so will already be familiar with your case. The hearing (and working with your attorney) is no place for complaints and laments, tears, etc.
Good Luck!!!
Continuation of above answer:
Appeal Process:
You should now seek an attorney to move your case forward to a US Administrative Law Judge hearing. Again, this will be a lengthy process. The earlier you retain an attorney, the sooner you will be done with the entire process.
Here, I strongly recommend that you check the website of NOLO Press-a well known publisher who sells books that help people with various legal questions and problems that they can handle themselves. The address below will take you to a short information page that NOLO provides to help people understand specifically what they must do when applying for SSD. The information is free and there are no requirements. On the initial site page, there is a place (box) that you can access to find SSD attorneys in your area. You can make an appointment with any number of attorneys for no charge. Then the initial contact is usually a brief phone contact for information gathering by your chosen firm.
Website: www.nolo.com/
IMPORTANT:
The most important thing to know is this-going forward, you must be positive and completely organized in all that you do in this process. The legal discovery process is comprehensive so organization is key. The attorney you retain will work hard to present the best case for you. So you must pull your own weight in the process by doing whatever is asked, needed, etc., immediately. Remember, the attorney receives nothing if you lose, so give this your best shot always.
Administrative Law Judge:
The attorney will meet with you before the hearing, by phone, and just before the hearing to explain what will happen. Again, this is another step in the process but an extremely important one-how you present yourself to the judge in the hearing will make or break your case.
Administrative Law Judge Hearing:
You state that your disability and complete inability to work are the result of mental and some physical issues. To put this clearly, the ALJ judges have heard thousands of cases like yours so they have "heard it all before". Again, being very organized and presenting well will help in your case. The judge wants to know how you came to your present problems and why you are not able to work in any capacity. The judge will have all of your medical records so will already be familiar with your case. The hearing (and working with your attorney) is no place for complaints and laments, tears, etc. Try to be as professional as possible and explain your problems thoroughly.
Good Luck!!!
Well... you have certainly been given the most complete answer that I have ever read so the only thing that I would like to add is that there are times when an attorney does not feel the case is winnable and will not take it. This happens quite a lot really.
If that happens, you can always seek a second opinion.
One of my friends recently had a consultation and she was told that she had to obtain records/evaluations from all of her doctors and present them to his office before he would commit to taking the case. This may be what you will have to do.
I hope you can find someone to help you.
Second Continuation of Answer:
After some overnight cogitation, I would like to add three important points:
1-It is helpful for you and your attorney for you to develop a written time line of how your disability came to be. That is, when your problems were first identified and literally everything that happened afterwards. You should sit down NOW and start a simple explanation-dates, what happened that sent you to a doctor on a date, what the doctor recommended, etc.
Then continue line by line, bringing your itemization up to the present. Your should be clear but concise. Keep a copy and give a copy to your attorney as soon as you choose one; this will be a great help in preparing your case. This will also help you to remember when you explain your disability to the ALJ as you can bring notes to the hearing.
2-Every time you meet or speak by phone with your attorney, you should make a short note of what happened and what you need to do next.
3-Organize everything-all papers, medical reports, forms received etc., regarding your case by date-the earliest to the most recent. Have this package ready to give to your attorney as soon as you have chosen one. Keep a copy to help you in later questions and in the eventual hearing.
Again, Good Luck!!!
get a written statement fro each of the Drs as to your disability and send in with your appeal.
The lawyers do not require a fee up front. They take a percentage if and when you get approved for disability. They go back to when you first became ill and pay you from then, so the 1st check will be big and the lawyer will take his share from that. My daughter's lawyer didn't even take his share out. I guess he felt sorry for her.
When I applied for Social Security disability, I compiled a three-ring binder with all the documentation from all of my Dr even the doctors that didn't include what my disability was. There is a checklist that comes with the package that you receive to make sure that you have all the documentation in order to receive Social Security Disability, you have any questions please call the Social Security office and speak with a representative. Your application should be very detailed and precise and all documentation is necessary.
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