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SSD Approved after 14 months!

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    SSD Approved after 14 months!

    After an initial denial of benefits, I appealed the decision and hired an attorney. Finally 14 months later I had my hearing date! This past November 2011 I was awarded benefits retroactive to September 2010. It felt like it took forever!!!

    I also have lupus - you'd think the benefits would have been granted the first time around! It should have been a no-brainer from the beginning.

    I collected all medical records myself to keep attorney costs low. The form that my attorney gave my neurologist to complete was then submitted to the judge. In the judge's written decision, he said he could not consider this form when making his decision because of the absence of any references to the laws governing SSD. Whuk?

    I met with the attorney twice - once when I hired him, and the night before the hearing. The night before the hearing, my attorney advised me that the judge had a reputation for being very FAIR and he thought we had a 50/50 chance of winning. He also said there would be no decision made at the hearing and I would have to wait 30 days for that. It made me nervous and as it turns out, he was all wrong!

    The morning of the hearing at 9:05, the judge's secretary called me at home and said the judge reviewed my medical records that morning and "agreed to pay the case" and no appearance was necessary. Yay!!!! He used my written testimony that I had submitted with my initial application in 2010 - before the appeal.

    I have to ask myself how did this attorney help me? I wonder if just being represented by an attorney makes the court take your case more seriously. I know there are better attorneys out there than the one I chose... I hate having to fork over 25% of the settlement to him!

    I'm just grateful this is over. Still waiting on the check. should be here soon...

    #2
    JadeD, congrats on winning your SSDI case. After my initial consultation with the SSD attorney, the only thing I heard from him about my case was cc'd form letters reminding SSA that he was due a percent of my award and back benefits.

    I was approved within 6mos of my application. There may have been some 'compassion' involved in my case, but all in all it came in the k/nick of time and I try not to second guess alternative outcomes and the monies 'earned' by the lawyer.

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      #3
      I understand everything you stated! I applied for my SSDI in May 2010 and finally got a hearing on November 2011. The judge granted me fully favorable within a week of my hearing. Its just a long drawn out process. Congratulations and I am glad it all worked out for you. I know it sure sucks to have to pay that 25% to the lawyer, but honestly I don't think most people would get it without an attorney.
      Dx with RRMS :April 2007
      Meds: Copaxone

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        #4
        well i got mine without a lawyer, but lets just say that you knew ahead of time it would cost you 25 percent or 5000 ahead of time before you signed the contract with the lawyer. Besides yor putting money back into the economy ... Question for Rich, people who use's lawyers can they write it off on income tax? i know when i was looking into hiring a tax attorney to fight the irs they said i could write it off... but i took the irs on by myself and won so thats why i took on the ss and new i could win them to, must be my charming persona LOL..... Peace out

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          #5
          I would think no. Since the Award is usually not Taxable any expense getting would not be Deductible.
          Bill
          Scuba, true meaning of Life! USS Wilkes Barre 91, USS Monitor 96, 97, 99 .. Andrea Doria 96, 98 .. San Francisco Maru 09

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            #6
            actaully ssdi is taxable

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              #7
              I still have not gone in front of judge yet, denied twice, its been 15 months for me now,,,,,,Ughhhh So frustrating!!!! Oh and lucky me on welfare now, Ughhhh I hate my life right now!!!!

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                #8
                Lovejoy - Here is a link to the IRS's website that should provide some helpful information regarding taxability of benefits: http://www.irs.gov/publications/p915/index.html.

                There is a section on this page concerning deductions related to one's benefits. Read it and see if it is applicable. It does refer to insurance companies so verify the inforamtion with the IRS or Social Security and I am not giving legal advice here, although, I think this IRS page is generally helpful.

                Rich
                Attorney Richard Feingold concentrates his law practice in helping disabled individuals obtain the monthly Social Security disability benefits and health insurance that they need to survive. Although based in Chicago, Illinois, Rich helps disability claimants nationwide. He has been answering posts in this forum since June 11, 2003. Twitter handle: @RichFeingold.

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