Jump to content
!! Advice given is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! ×
VA Disability Claims Community Forums - Hadit.com




  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

HadIt.com Changes Ownership

SSDI confusion

13fHankins

By 13fHankins
in Hiring an Attorney

 Share

Recommended Posts

13fHankins Apprentice

13fHankins

Posted
Posted

I am aware that SSDI is state regulated, and has nothing to do with any VA process. Though, I have an active claim with SSDI, and being represnted by the firm Rob Levine. It has been 1 yr and 6 month since the statrt of my case ( which is in the appeal process). I am having issues in the form of poor communication, and a lack of understanding to where the SSDI process is. I am knowledgeable of the length SSDI claims can take, but with my 100 P&T status I assumed that I would not have to wait this long. to add, I am unable to update my case manager on my updated medical information due to the poor communication. my question is, can I fire my current firm and pick up a new one, and will there be draw back. this firm works on ( we get paid if we collect) basis, but I dont truly trust this firm and their work ethics. Please Advice

Link to comment
Share on other sites


  • Replies 34
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

GBArmy
GBArmy

The short answer is maybe. The current firm has expended time on your case, so they have to be compensated for it. It is often hard to get an agreement on how much they should receive for what you bel

pacmanx1
pacmanx1

If I remember correctly it takes about 18 to 24 months (so you are close) to get a hearing with the appeals council and the ALJ. I think it was closer to the 24 months and in the between time your law

Stayfocus
Stayfocus

You can fire your representative anytime, however they will charge you for any work already done, and possibly backpay. When filing Ssdi, you should have your application expedited, just make sur

  • HadIt.com Elder
GBArmy Grand Master

GBArmy

Posted
  • HadIt.com Elder
Posted

The short answer is maybe. The current firm has expended time on your case, so they have to be compensated for it. It is often hard to get an agreement on how much they should receive for what you believe to have been a shoddy job. On top of that, most new law firms won't pick up an incomplete case because of the compensation conflict. Unless the case has not been worked very long, the old firm won't want to drop it and release. The best thing to do is try to reach out to the firm and explain your complex situation, and they may try to be a bit more communicative on the progress. You should also understand that there isn't a lot of info they can report on if there is no movement at the government's end. It does take a long time. On top of that, even if it is slow, the firm won't get paid if you don't win your case, sothey do have skin in the game. Best of luck.

  • Thanks 1
Link to comment
Share on other sites
  • Moderator
pacmanx1 Grand Master

pacmanx1

Posted
  • Moderator
Posted (edited)

If I remember correctly it takes about 18 to 24 months (so you are close) to get a hearing with the appeals council and the ALJ. I think it was closer to the 24 months and in the between time your lawyer should let you know that it is little to nothing you can do to rush your hearing. As to your 100% P & T, I hate to say it but the way that the SSA looks at it is that you are either too disabled to work or not and there is no in-between. As too trying to switch attorneys, keep in mind that the SSA office has to approve your agreement and they would need to know why. I am not sure if they are dragging their feet is a good cause, but it does take some time.

Edited by pacmanx1 (see edit history)
  • Thanks 1
Link to comment
Share on other sites
13fHankins Apprentice

13fHankins

Posted
  • Author
Posted
2 hours ago, GBArmy said:

Thank you much, it's more of the not being able to contact the firm, and the idea that I have updated medical information they my case worker is unaware of, due to the lack of communication. Though, I will keep composed and remain patient. Again thank you much

 

Link to comment
Share on other sites
13fHankins Apprentice

13fHankins

Posted
  • Author
Posted
1 hour ago, pacmanx1 said:

If I remember correctly it takes about 18 to 24 months (so you are close) to get a hearing with the appeals counsel and the ALJ. I think it was closer to the 24 months and in the between time your lawyer should let you know that it is little to nothing you can do to rush your hearing. As to your 100% P & T, I hate to say it but the way that the SSA looks at it is that you are either too disabled to work or not and there is no in-between. As too trying to switch attorneys, keep in mind that the SSA office has to approve your agreement and they would need to know why. I am not sure if they are dragging their feet is a good cause, but it does take some time.

Thank you much 🙌🏽 

Link to comment
Share on other sites
Stayfocus Community Regular

Stayfocus

Posted
Posted
7 hours ago, 13fHankins said:

I am aware that SSDI is state regulated, and has nothing to do with any VA process. Though, I have an active claim with SSDI, and being represnted by the firm Rob Levine. It has been 1 yr and 6 month since the statrt of my case ( which is in the appeal process). I am having issues in the form of poor communication, and a lack of understanding to where the SSDI process is. I am knowledgeable of the length SSDI claims can take, but with my 100 P&T status I assumed that I would not have to wait this long. to add, I am unable to update my case manager on my updated medical information due to the poor communication. my question is, can I fire my current firm and pick up a new one, and will there be draw back. this firm works on ( we get paid if we collect) basis, but I dont truly trust this firm and their work ethics. Please Advice

You can fire your representative anytime, however they will charge you for any work already done, and possibly backpay.

When filing Ssdi, you should have your application expedited, just make sure SSA personal knows you are 100%.

  • Best Answer 1
Link to comment
Share on other sites
13fHankins Apprentice

13fHankins

Posted
  • Author
Posted
1 minute ago, Stayfocus said:

You can fire your representative anytime, however they will charge you for any work already done, and possibly backpay.

When filing Ssdi, you should have your application expedited, just make sure SSA personal knows you are 100%.

If I get a hold of my case manager I will be including that fact. I assumed that being 100 PT should have expedite the process, but it's not the case

Link to comment
Share on other sites
Stayfocus Community Regular

Stayfocus

Posted
Posted
22 minutes ago, 13fHankins said:

Thank you much 🙌🏽 

Keep in mind, hardship appeals, and veterans age 75 and older, their appeals automatically get adjudicated first…BVA claims appeals will be processed in docket number order, these two scenarios are the exception.

  • Thanks 1
Link to comment
Share on other sites
Stayfocus Community Regular

Stayfocus

Posted
Posted
14 minutes ago, Stayfocus said:

You can fire your representative anytime, however they will charge you for any work already done, and possibly backpay.

When filing Ssdi, you should have your application expedited, just make sure SSA personal knows you are 100%.

I’m sorry, are you saying that you have an attorney representing your ssdi appeal?

Link to comment
Share on other sites
Stayfocus Community Regular

Stayfocus

Posted
Posted
15 minutes ago, Stayfocus said:

You can fire your representative anytime, however they will charge you for any work already done, and possibly backpay.

When filing Ssdi, you should have your application expedited, just make sure SSA personal knows you are 100%.

There is a cap on how much your ssdi attorney can receive, check your attorney client agreement.

Send them an email, you always want written proof of all conversations.

Link to comment
Share on other sites
  • Moderator
pacmanx1 Grand Master

pacmanx1

Posted
  • Moderator
Posted (edited)

The agreement that the SSA Office typically approves is somewhere between 25%-30% or around $6,000.00 of the person's back pay and they normally take it out and you will not even see it coming but the SSA Office will inform you that they have paid the attorney and you do not have to pay them. Sometimes I think it is some type of a hidden agreement between the SSA Office and lawyers. If you have hired an attorney; I am quite sure they had, you sign an agreement form.

P.S. if your attorney sends you to one of his/her examiners for a medical opinion, there may be an additional charge for the medical consult. 

Edited by pacmanx1 (see edit history)
  • Thanks 1
Link to comment
Share on other sites
13fHankins Apprentice

13fHankins

Posted
  • Author
Posted
7 minutes ago, pacmanx1 said:

The agreement that the SSA Office typically approves is somewhere between 25%-30% or around $6,000.00 of the person's back pay and they normally take it out and you will not even see it coming but the SSA Office will inform you that they have paid the attorney and you do not have to pay them. Sometimes I think it is some type of a hidden agreement between the SSA Office and lawyers. If you have hired an attorney; I am quite sure they had, you sign an agreement form.

P.S. if your attorney sends you to one of his/her examiners for a medical opinion, there may be an additional charge for the medical consult. 

Yes that is all true. It seems my best option is to be patient, but continue to try to contact my case manager 

Link to comment
Share on other sites
Stayfocus Community Regular

Stayfocus

Posted
Posted
5 minutes ago, pacmanx1 said:

The agreement that the SSA Office typically approves is somewhere between 25%-30% or around $6,000.00 of the person's back pay and they normally take it out and you will not even see it coming but the SSA Office will inform you that they have paid the attorney and you do not have to pay them. Sometimes I think it is some type of a hidden agreement between the SSA Office and lawyers. If you have hired an attorney; I am quite sure they had, you sign an agreement form.

P.S. if your attorney sends you to one of his/her examiners for a medical opinion, there may be an additional charge for the medical consult. 

Every claim/appeal is unique, every examiner at SSA has to abide by SSA blue book.

kinda like va m-21.

Link to comment
Share on other sites
  • Moderator
pacmanx1 Grand Master

pacmanx1

Posted
  • Moderator
Posted
3 minutes ago, Stayfocus said:

Every claim/appeal is unique, every examiner at SSA has to abide by SSA blue book.

kinda like va m-21.

I didn't have a SSA examination, my VAMC doctor wrote his medical opinion and that was it.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
 Share
Go to topic listing
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept