when to contact a lawyer?

[Greg]

In 2008 my wife (non-ms) was denied for disability had a review of ruling that was upheld. In either 2010 or 11 I convinced her to contact a lawyer the firm she talked to told her she needed to refile and if I remember right call them back if she was denied again. Any ways I finally got her to refile and she had her interview over the phone last week. I was working with voc rehab to be retrained becuase of my nueropathies (still in limbo) Voc rehab requested a physical capacities worksheet from nuero, the limitations were so severe and with the unknown dx's voc rehab closed my case becuase I am unable to work. So I filed via internet last week. I have phone interview today.

Ok so should we have already hired an attorney? Should we contact one immeadiately? Or are we suppose to wait for the denial then contact the attorney to contest ruling. Is it too late for an attorney to help with cases already have been filed? This is very confusing to me. I am not worried about back pay. I just want to make this process as smooth and quick as possible. I need to stablized the our finances as soon as possible. Please tell me if I should be on the phone today talking to a lawyer to ensure the quickest and favorable outcome or am I jumping the gun?

[MSW1963]

I hired an attorney for my STD benefits, I wasn't interested in SSDI at that time. The attorney insisted I apply for both STD and SSDI. Lucky for me, I was denied STD and approved for early for SSDI.

The attorney's fees are automatically withheld by SSA, if you do hire one. I forget the exact percent, 10%, maybe 20or 25%? The fee is limited by mandate and withheld by SSA from your award.

However, based on the assessment you received from voc rehab that you are unable to be re/trained based doc's statement of your physicial condition, I would think your chances of being denied are minimal.

I wouldn't want anyone to base a decision to hire an attorney on my opinion, it is an opinion offered with no authority to approve your claim for benefits.

Maybe someone with your similar voc rehab experience can offer a comment. Re-posting with "Voc Rehab" in the title may get more relevent responses/opinions.

[lovejoy]

nOT SURE WHAT THE ANSWER IS ON THAT.. I DID MY OWN SSDI CLAIM WAS DENIED I THEN APPEALED IT AND WON ALL WITHING 6 MONTHS, WAS FEELING PRETTY GOOD CAUSE I JUST FINISNED A DEAL WITH THE IRS, AND VA.....BUT I AM TRYING TO REMEMBER IF I SATYED ATA HOLIDAY INN XPRESS THE NITE BEFORE LOL. GOOD LUCK WITH YOUR CASE

[dmcmtk]

Good to see a sense of humor, because with ssdi you've got to have one! Applied in April 2011 and recieved a letter of denial in December, on my birthday! At this point I can't devote the energy to appeal. I've worked the last 25 years as a professional chef, spending 10 to 12 hours on my feet, now I can spend about 45 minutes on my feet before needing to sit down and rest. However, my denial letter claimed I could still do my previous work!? Big Brother knows best!

[lovejoy]

Hey DMC, you can stand for 45 minutes? darn thats to bad cause i just read the cuf off is 44 minutes LOL. did some chef ing myself at the Beach and Tennis Club on the 17 mile drive right of the 17th T at pebble beach hard work indeed

[Rich Feingold]

Hi, Greg and everyone. You are right not to worry about paying attorney fees. They are capped at $6,000 in most cases and an attorney can help to make things go smoother and possibly get your case paid sooner, e.g., by obtaining the appropriate opinion from your neurologist, helping to gather medical evidence and helping you with forms; at least this is what we do.

I do not think it is prudent to wait until you are denied before hiring an attorney. You don't want to do anything that may jeopardize your case, e.g., incorrectly answering functional capacity forms that are sent to you.

As MSW1963 said, however, it is your choice.

Let me know if you have further questions.

Rich