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

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spike

How Do You Evaluate A Ssd Attorney

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How do you find if the attorney is a good attorney or just blowing smoke up you know what.....here are the self proclaimed credentials of an attorney i hired ahead of time, to not wait for denial and appeals. Sorry this cut and paste didnt work as I would like it.

My practice is concentrated in disability claims, (Social Security, Railroad Retirement, New York State and Local Employees Retirement, private long-term disability). • I am a former Social Security Claims Representative (nonmedical claim adjudication), and a former Social Security State Agency Disability Analyst (medical claim adjudication). One job is federal, the other state. By chance, I am one of a very few people in the country who has done both jobs. • I have over twenty years of experience in Social Security disability claims. Between government service and private practice, I have been principally involved in the adjudication of approximately four thousand disability claims. • I am admitted to practice in the U.S. Court of appeals for the Second Circuit, and the U.S. District Court, Western District of New York. The infrequency with which I must appear in court is a measure of my success at the administrative claims level. • I am a Sustaining Member of the National Organization of Social Security Claimants' Representatives, and a member of the Social Security Law Committee of the American Trial Lawyers' Association. • I have given numerous lectures to attorneys, and have given other lectures and appeared on public information radio, speaking on the subject of Social Security and disability claims. • I give very frequent informal advice to numerous attorneys on the subject of Social Security and disability claims, as those topics impact upon a wide range of matters such as personal injury and child support. I appear "of counsel" to assist less experienced attorneys in hearings. I also give pro bono advice to advocacy groups for the disabled, such as the National Multiple Sclerosis Society. • I am past committee chair of the Erie County Bar Association Committee for the Disabled. In that capacity I have donated my time to arrange continuing legal education seminars on the the subject of disability law.

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The credentials sound good to me. I would be more apt to use a prior claims rep. You should call them and ask what their success rate is.

My thought is that they don't get any money if you don't, so they are in it to win. They get 25% of your backpay and I think the max is $5300. Me personally, I filed my claim without a lawyer (still waiting by the way, 7 months) and now if I get denied I will then I will hire an attorney. I figure if I file and win all the $ is mine and I do not have to share, on the other hand waiting can be a long road. You have to weigh each side and figure which way to go.

Good luck to you.

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The fact that SSD attorneys are limited to 5300 or 25% of retro is a good thing. I hope that the Lawyers that a Veteran can hire are the same.

If a Lawyer takes your case its a good claim.

Good Luck

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In Fla. I retained Ward, White and Associates prior to filing my SSD claim.

I still did lots of work, got my 1st denial, had an ALJ hearing that I did not and chose not to attend, then was granted SSD - fully favorable. The law firm got 25 % of my 1st check, (I got the $ first then sent them their fee) this provided me a little piece of mind, perhaps without them I would have had more denials, I'll never know.

jmho,

carlie

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Carlie:

You can't look back. Peace of mind means a lot.

Pete

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
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