Any disability lawyers on here?

[NGE]

I have a question and a dilemma all in one. After fighting for almost 3 years, I finally was approved by the grubbermint that I was eligible for S.S.D. They are letting me claim back to the day I was let go from work, which was 4/20/07. My lawyer informed me that I will NOT get the first 5 months of the settlement check! I asked him why, he said, because that is how they pay the judges and any people who work for the court system. Does this sound right to anyone? I worked and paid into the system. Heck S.S. was like a tax out of my paycheck to begin with, and now they are taxing me again by keeping my first 5 months. Everyone that I have talked to, has said they didn't have to pay that. I am in Michigan, Maybe Jennifer Grandstand had something to do with it ( the B*tch Gov. ) is this a state thing or Fed. thing. I am so P.O.'d its bad enough I had to pay the lawyer 7G's. Anyone have any input on this, is our grubbemint that broke?.............NGE

 

[ivan salis]

it a standard 5 month--you get nothing-- waiting period the grubbermint cooked up -- and the lawyers your forced to wind up getting to get all the govt red tape"paper work" in order to get what your rightfully entitled to will get their cut as well BEFORE you get the money owed to you -- sadly its a rigged card game run by shady dealers that your forced to play cuz its the only game in town. (and you already "paid" to play upfront --via payroll taxes deducted for this "insurance" )-- if one has a insurance on a car the insurance company has to pay when its wrecked --but in this case the govt often says well your body is not completely "totalled" so drive your body the best you can .

they use all the standard lawyer tricks of the trade ---stall and delay --avoid actually paying out as long as possible (in hopes you will just "die" ) , and when finally forced to pay you --- jip you out of as much as possible of the amount owed , of course unlike when you owe the govt money , interest is NOT paid retroactively for all the time your money was "owed" to you ( so they will take their dear sweet time) -- this is so the govt thus winds up , after robbing you of the first 5 months pay altogether , with a 2 year and seven months long "interest free" loan of your money -nice deal huh? - and of course "the lawyer" your forced to wind up getting to get thru their rat maze of paper work --gets a nice chunk of your "cheese" -- so in the end on a 3 year long case--you wind up with about 2 years back pay -----however you should be able to go on govt medical care now --since the "effective" back date was 3 years ago .

 

[GPURS]

Not a disability lawyer here, but it seems that when some of these folks put obamer in office that he was going to take care of everything and everybody. I think you are just supposed to go to the post office and ask for that form to apply for some "Obama money" ...At least that's what the folks in Detroit were telling me 8)...
Seriously, I hope you get some help... Gpurs...

 

[bradsguns]

This is standard, been this way before the current Admin....here is an excerpt from the Westchester mental health Assn.::
When Do the Benefits Apply?
The law provides that, under the SSD program, disability benefits for you cannot begin for 5 months after the established onset of the disability. The 5-month waiting period does not apply if you are a disabled child (under age 22) of an eligible SSD recipient.

Social Security benefits are paid each month. The notice you received from Social Security telling you that your benefit application was approved also tells you when you will receive your monthly benefits. Generally, your benefit will arrive on the second, third or fourth Wednesday of the month, depending on the birthday of the worker on whose records you receive benefits.

Here is the full link if you want some additional info: http://www.mhawestchester.org/benefits/ssd.asp

Good Luck,
Brad

Here is the link for more info

 

[bradsguns]

Just wanted to clarify......I did not mean to imply anything by listing a mental health site...it was just the one I had hand that told about the 5 month hold-back on the benefits.
Brad

 

[truckinbutch]

It's standard , the 5 month holdback . I went 11 months without any income after a tripple bypass before I was approved for full disability . Checks started coming after 5 months from that .

 

[NGE]

I had gone to the S.S. site and read that there are at least a couple illnesses that you were "guaranteed" disability payments. One is musco-skeletal and the other is C.O.P.D. of which I have both, plus numerous other ailments. My spine is twisted in 2 places, I have rheumatoid arthritis, I have a ventral hernia, I kneed two total knee joint replacements, I worked with all these problems since 1998, because I needed the insurance, and the money to live. I also have cysts on all my finger tendons (air tools), I also have P.A.D., type 2 diabetes, my hearing is bad, going blind, losing my hair (shop chemicals?) and I just turned 60. I think they were hoping I would die b4 they had to pay......grrrrrrrrrrr ................NGE

 

[Bigcypresshunter]

I had gone to the S.S. site and read that there are at least a couple illnesses that you were "guaranteed" disability payments. One is musco-skeletal and the other is C.O.P.D. of which I have both, plus numerous other ailments.

Can you post the link where it says that? I have C.O.P.D. but I was told it was very hard to get disability with COPD/emphysema.
http://www.allsup.com/about-ssdi/ssdi-guidelines-by-disability/chronic-obstructive-pulmonary-disease-(copd).aspx
Sorry to hear about your other problems.

 

[NGE]

Search this site, I think this is where I read that..........NGE http://www.ssa.gov/pubs/index.html

 

[CaptainRobin]

NGE, glad to hear your claim was approved...

I'll try to explain personal experience. This if for general information and should not be taken as legal advice. I'm not an attorney.

First, file for disability (you did) ~ it is usually denied the first time. Appeal the denial. If denied a second time an offer to appear before an administrative judge is offered. This is when you should have legal representation. Obtain a local attorney who actively advertises they handle social security disability claims and that you feel comfortable with. Attorneys who do this should go over details with you prior to appearing before the judge, you are given the opportunity to sign paperwork which states you agree to the attorney fees before appearing before the judge. If you do not agree, the attorney will likely NOT take your claim.

There should be no money up-front... the attorney is compensated, by the government, from your payout, for 25% of your claim, up to a total of $5400. (This sum IS about five months disability benefits). If the attorney is unsuccessful with your claim, they receive nothing and you owe them nothing. This is how the law is written. Personally, I think that's pretty good... the attorney has the motivation to make every attempt to win your case as they will not be paid unless successful. I preceive a mistake on your part by paying the attorney up-front, AND the attorney DID NOT inform you of how the "system" works as far as attorney's compensation is paid. Water under the bridge, lessons learned... sorry for you, but that's how it is.

If the judge finds in your favor, the payment date for the benefits will be some months down the road. Payments will be made on the Wednesday following your birthday each month. The first payment will be lump sum for backpayments (which you luckily got) plus your first month at the current settlement. You will not see the money for attorney fees, they are paid directly to the attorney by the government.

So, your settlement was reached, and you received 75% (or more, depending on time lapse from your initial claim) of your claim, with the attorney receiving 25% (up to a total of $5400). If you paid $7K up-front, the attorney got off like a fat rat. I feel this person is unethical as they apparently took a retainer plus fees from you knowing they would receive the payout from the government. Sorry for you, but that's what I see....

Anyhow, my personal feelings, is that 75% of something is waaay better than 100% of nothing. Good for you. That disability payment will make life better. I don't know if you can get your up-front $7K back from the attorney, but the max fee as provided by law should have been paid directly by the government from your settlement.

Robin

Again... Disclaimer... this post is not legal advice...

 

[Montana Fireball]

Too bad you can't work to support yourself.

 

[WindHarvester]

Not a disability lawyer here, but it seems that when some of these folks put obamer in office that he was going to take care of everything and everybody. I think you are just supposed to go to the post office and ask for that form to apply for some "Obama money" ...At least that's what the folks in Detroit were telling me 8)...
Seriously, I hope you get some help... Gpurs...

You take any chance you get.

 

[Seamuss]

Too bad you can't work to support yourself.

There are things he can do for a little extra income but he has to be discrete how he does that so the "system" does not catch him or it's the end of his checks coming in.

 

[Bigcypresshunter]

Too bad you can't work to support yourself.

There are things he can do for a little extra income but he has to be discrete how he does that so the "system" does not catch him or it's the end of his checks coming in.

maybe e-Bay?

 

[Seamuss]

Sleeze-bay...ya.

 

[EDDE]

low dollar cash transactions on craigslist

 

[mrs.oroblanco]

I'm not an attorney, but, the 5 months is accurate. In fact, even if you didn't have to wait and get turned down a few times, you still wouldn't get anything in the first 5 months. You have to be disabled for 6 months - that's just the way it goes. It'll still be a nice check. (even after the lawyer gets their cut.)

From the SS Disability site:

http://www.ssa.gov/dibplan/dapproval.htm

Beth

PS - you will be happy to learn that you don't get medicare for the first year, but, since they backed you up to 2007, you will be eligible for that right away, too - and part D - which is meds.

 

[marinedad]

i just learned a costly lesson, the grubbermint will tax you on your ssd back pay. got my back pay in 2009 need to give back over ten grand because it is considered income, even though i have been disabled for 5-6 years cpa figured i had too much income last year because of all the back pay. seems unfair.

 

[kenley]

There is one good thing you can say about lawyers: ..............ah..............ea................
Damn! I forgot what it was.

 

[rockhound]

Thanks for all the advice. I signed up 3 months ago, and was told it would take 5 months to get my approval. I see where all that comes in now. Good Luck. rockhound