Posted by BarbaraCat on March 21, 2002, at 1:44:20
In reply to Re: Social Security » BarbaraCat, posted by Janelle on March 21, 2002, at 0:49:04
Hi Janelle,
The way I understand it, the lawyer works on a contigency basis, so no money upfront from you. By the time the case is appealed and won, it's usually one year from the date of first filing. But the money is acruing all during this time. The clock starts ticking when you apply with the SSI office and you're determined disabled - usually the last day you were able to work. So, for example, if a person is eligible (based on years worked) for $1,000 a month, then at the end of the appeals process, usually 1 year, $12,000 will have added up. This is the accrued monthly benefit that you WOULD have been getting had you been approved and receiving a monthly check from the start. The lawyer takes, say, 25% leaving you with $9,000. If you don't win, the lawyer doesn't get paid. Then your $1,000 monthly benefits take over from there.I haven't heard back from them yet, so I don't know what to expect next - probably a letter saying I don't meet the qualifications. My husband also had to fill out a questionnaire. The questions are definitely black and white (can this person take a shower, talk to store clerks, wipe her ass, that kind of thing) and make it look like if you're not a drooling idiot then you must be fine and dandy. Cases are not won on the basis of these forms. Usually they escalate to a higher court where you appear and present evidence that things really are that bad. That's where the lawyer comes in. He or she does alot of foot work collecting med records and statements from family and friends. I've heard that in some cases they have you see an appointed psych (who is generally not going to be your friend) but by that time you should have a lawyer. The lawyer will fend off such a person, or present enough counter-evidence to sway a judge in your favor. It's not an easy process and you have to be determined, but in my case I'm like a pit bull because I don't have any other recourse. I really can't put in a full 40 hours worth of computer programming work anymore and don't have any other skills that could offer me a reasonable living. If I felt just fine, I'd rather be working than sitting in the house crying and going broke. This is not a process for someone who just wants to coast and take advantage of the system. The main point is that if you're really ill (and from your posts it sounds like you're hurting pretty badly), then by God, we are entitled to this and we must insist upon getting what we paid into and deserve. I'll keep you all posted as my case progresses. Hey, how you doing today? It's been a little better for me - hope for you too.
poster:BarbaraCat
thread:98599
URL: http://www.dr-bob.org/babble/20020318/msgs/99166.html