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Old 07-29-2011, 09:21 PM
 
Location: Longwood, FL
288 posts, read 733,768 times
Reputation: 156

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I have a friend who applied on his own for disability and of course he was denied. My friend has had multiple surgeries, medical incidents, etc. One thing obviously not to do is to go see the doctor that social security wants to send you to for assessments. He found this lawyer, who obtained all the necessary records and paperwork. They retain a one time fee which was quite reasonable if they win the case (they won his), otherwise it doesn't cost you anything. Call them:

MYLER DISABILITY
PO Box 127
Lehigh, UT 84043

Robin Decker
800.652.9626
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Old 08-31-2011, 01:18 AM
 
838 posts, read 2,240,703 times
Reputation: 743
Quote:
Originally Posted by Alyzza View Post
One thing obviously not to do is to go see the doctor that social security wants to send you to for assessments.
If you have a representative who suggests you do not go to your consultative examination set up by SSA, he/she probably has their reasons. I'd be sure to ask the Representative why they don't want you to go and what the consequences could be for that decision. But if you don't have a representative giving you sound advice and you don't go to the consultative examination that is set up for you, then you may find you are denied for failure to cooperate, and you would be one of many who have found that as a reason in their Decision.
As far as representatives' fees, information on fees, fee agreements, and fee petitions can be found at The United States Social Security Administration, which for some reason at this moment is offline. You can also find information on SSA definition of disability and many other things that can help you understand the process. If you want to go with the representative, it can still help you to understand the process you will go through.

Quote:
Originally Posted by carolac View Post
I believe SS pays their fees, not you. Your money is sent directly to you and their money is sent to them.
If you go to SSA site and search for representatives' fees, you will see that if you win your case, the funds for the Representative's fees on a fee agreement will come out of the back payments that you receive from the date you filed the application to the date of the Decision. If you prevail without a Representative, that entire amount of back payments would go to you (unless you owe Social Services, for example, for repayment of help they gave you). If you prevail with a Representative, in most cases, you will get the back payment less the Representative's fee, which is capped by SSA and SSA will send the Rep his/her fee directly - again, explained at the SSA site much better than I can do here. Read your fee agreement carefully and ask questions. Some Representatives will charge costs of obtaining medical records from treating sources and other expenses of that nature and it will usually be included in the fee agreement.

You can always do a google search for Orlando Social Security disability representatives and then go in to an interview and see what services they offer, how long they have been practicing Social Security law, and if you feel comfortable with them before signing an appointment of representation form. Depending on your income and resources, you might want to see if your local Legal Aid or Legal Services provides representation for free.
Also, do you live in Orlando or outside Orlando such as Haines City or Winter Haven. If you live in Orlando and have to go to a hearing before a Judge, you will most likely be going right to the Orlando ODAR office. But I believe if you live in Haines City and off to the west of that, you will be going to the Tampa ODAR if you have to appear before a Judge.
Good luck to you with your case.

Last edited by Susan13202; 08-31-2011 at 01:35 AM..
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Old 09-03-2011, 06:10 AM
 
Location: Florida
44 posts, read 94,706 times
Reputation: 31
Quote:
Originally Posted by carolac View Post
An attorney will tell you to go ahead and apply on your own. Then if you are turned down, you have so many days to appeal. That is when you want to retain an attorney. Morgan and Morgan has a very dedicated team of people to help you do that. I believe SS pays their fees, not you. Your money is sent directly to you and their money is sent to them. I am sure there are other attorneys in town that do that, but I only know about them.
I've heard this too - when you first apply having an attorney doesn't make a difference - it's if you are turned down that you may need an attorney.
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Old 09-04-2011, 03:56 PM
 
5,544 posts, read 8,310,986 times
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also separate but similar. suggestion: keep an objective attitude while filling out the application, and if it takes an attorney representing you then they may be more objective than you might be

I applied for VA pension and my claim was not supported too well by my write up. I just feel so grateful that I have all my limbs, and such that what is a bum knee compared to having no knee.

So just suggesting that you make an effort to be objective as you submit your paper either way.
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Old 09-05-2011, 06:27 PM
 
Location: Longwood, FL
288 posts, read 733,768 times
Reputation: 156
I just reread my previous post and it wasn't very clear. My friend did apply for disability on his own, he described on the application the surgeries he went through and everything else they needed to know. SS did reply, said he needed a doctor's evaluation, and sent the name of a doctor right around here. He then went to that doctor that SS told him about for an evaluation, so he was in total compliance. Yes, SS paid for the doctor visit.

A few weeks after, he got the notification from SS that he had been denied benefits. That's when he found the attorney and started working with him. A few months later SS again notified my friend and the attorney that the benefits were granted. Since this happened several months after my friend's initial application and denial, he was given benefits for those months as well.

The lawyer's fees were deducted from those payments and were about the cost of a month's payment. This just made me personally feel that you're more likely to be denied when you apply on your own and don't use an attorney. His attorney was good and called him often to let him know how it was proceeding and how much longer it might take.
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Old 09-06-2011, 10:32 AM
 
Location: Eastwood, Orlando FL
1,260 posts, read 1,687,668 times
Reputation: 1421
Quote:
Originally Posted by Alyzza View Post
I

This just made me personally feel that you're more likely to be denied when you apply on your own and don't use an attorney. .
My husband was approved on his first try. It happens somewhere between 30 and 50% of the time depending on the sate
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Old 03-29-2023, 09:06 PM
 
35 posts, read 17,999 times
Reputation: 114
I had to have an attorney to get approved. I had extensive medical records and complied with SSA's request to see two doctors of their choosing. Two things I learned was first not to limit the expanse of your disability claim by focusing on what YOUthink is your disability. (I focused on my leg and knee pain and that was not even a secondary or tertiary factor in my disability award. Second, it is not enough to list your medical problems but you need to be very detailed about how your medical problems impair your ability to perform your ADLs as well as activities in a work environment. The judge in rendering his decision stated he could clearly tell from my work history timeline how I had transitioned from a high paced work environment to an easier work environment to a full time job with accommodations for physical limitations to finally a part time job with a lot of accommodations that I had really tried to keep working. I think showing that timeline with the explanations of why each transition had to be made, the particular limitations that necessitated the change, and the increasing number of restrictions and accommodations that had to be made in order for me to be able to work helped answer the question whether or not I could perform sustained gainful employment. The state also had a doctor there to answer any questions the judge had. I think when you go before the judge, the clearer you can paint a picture of how your disability impairs your ability to work rather than talking about pain the more likely you are to win your appeal.
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