Ssdi Denied. Says I Can Be A Cashier.

[mariorivera830]

Anyone know of a good lawyer to contact in SoCal? It basically said that I was denied because I can still perform work that I did 12 years ago as a cashier. Even though it shows that I have clear panic attacks in public. I figured it would happen but hoped for the best. Next step: lawyer up. Thanks in advance!

-Mario

[Gastone]

As to a good SSDI Lawyer, unless you have a referral from a trusted friend, go with whoever advertises the most. SSDI Lawyers all work on a contingency percentage of your Retro. You go Big or Small firm, Fee is usually the same. You really wouldn't want a Cut Rate Lawyer, right.

Depending how strong your Medical Evidence is as contradicting your Denial Decision, you could probably Rep yourself at the Hearing. My wife didn't trust me to rep her at her Appeal Hearing back in 12, I got an attorney from a firm I was familiar with for 20% of Retro Fee.  2 months later, 1 brief and 10 minutes at the Hearing, she was awarded with full retro to date of Filing. The Hearings are non adversarial, just the medical facts, no feelings.

Am I right, in CA lawyers can advertise on milk cartons?

Semper Fi

 

[Guest]

I believe that the maximum fee agreement is about 25% or the maximum fee an attorney can charge a person is (six thousand dollars) $6000.00.  Keep in mind that this money will come out of the persons back pay and most law dawgs have a "you don't pay if you don't win" clause. It is a real no brainer, some attorneys may charge a person for a separate medical opinion but this is rare .  For the person who is applying, some money is better than no money and then the person will get their regular monthly checks.  It is really sad that a person should have to pay an attorney but that is the way it is set up. If a person doesn't get a law dawg he/she won't get their SSDI. SSA has to allow the fee agreement and if they approve it and grant the SSDI the person won't even miss the funds the SSA will pay the law dawgs.

[rpowell01]

Under the NEWER BRAVE ACT SSDI MUST also find any 100% or IU P&T disabled per the new laws. Read the Brave Act.

 

Also if you have MDs that says you cannot work IMHO I would do everything myself. If I knew then what I new now, Attorneys just use exhibitis and present them to SSDI and the AOJ. Yes they may use their own MD but its nothing better than to use your own who knows your issues. Understand? SSDI will utilize your own MDs opinion over a SSDI contractors opinion. If you have a Medical Opinion it holds more weight because these days SSDI is not giving people SSDI exams which IMHO is illegal. Myself I am going through a SSDI Review but now they are saying I can work but nowhere does it talk about my RADICULOPATHY with permanent nerve damage, nowhere. I am requesting this to be added to my contentions because a newer EMG showed my issues to be CHRONIC and now with PolyNeuropathy in both legs that means I have permanent nerve damage. Remember read you read your decision closely because if all your contentions of are not on there request them to be added during the reconsideration or appeals whatever level is next for you. Myself I can't get an attorney because there is no retro with SSDI review cases so what attorney will pick my case up? Thanks to the VA I've learned a great deal from here and dealings of the VA. All the answers are in fact in the CFRs mainly 44 CFR. If SSDI doesn't take into consideration such things as a person on MORPHINE and OXYCODONE then that is a TORT claim in Federal Court and you can sue the crap out of SSDI because they are forcing you to drive high to work, cause safety issues on the job, etc...Understand? Myself I didn't put this on my APPEAL letter but I am going to bring it up during the DRO hearing with SSDI review because they MUST take medications into consideration per 44 CFR. Read that chapter it will give you ever detail what they do and you can tell by your decision letter what bull crap stuff they will do.

Edited December 13, 2015 by rpowell01

[rpowell01]

Okay well I messed up on the Brave Act. It never passed the first time and they changed the wording to something totaly different whenever it was passed in 2010 or 2009. SSA still has an article on the their website of the OLDER Brave Act. In it, it states that if a VA JUDGE says a veteran is unemployable then SSDI must use that Judges decision to make a decision to award SSDI to a veteran. So I am sorry they changed it so much it doesn't even mean the same than when it was first sent up to the House. Unless I am not finding the right one.

 

Anybody have a link to the updated Brave Act?

[rootbeer22]

Folks:

My brother in law worked for the SSA...and even with a strong file..most get denied the first time out the gate...you just have to get a great lawyer and just work with them to eventually get it approved...most need to start with the mind-set that it's going to be a fight because it will...  But if you have a VA disability you already understand that as well.....