HELP! "Disability Nightmare" Part IVXXVIVXXIVXXXIVVIII

First, I want to thank you! I hadn't thought of going to the Bar! Excellent suggestion. I know that they scurried around like scared rats whenever I would threaten them with a lawsuit because they knew I had grounds. I'll do that! Second, I'm so VERY sorry to hear about your situation! Have you gone to Social Services about getting emergency assistance? I'd say you have proof enough that you can't work and also that you've applied for disability, so you should be able to get emergency help from Social Services. Also, no thanks! I'll keep my own 7-year nightmare with Social Security! I already lost one home to foreclosure and was almost on the street myself during all this. I lost a lot in that foreclosure because I didn't have the means to get everything out of the house. What I did manage to salvage, I had to sell in order to eat. It wasn't pretty! Don't you just love our government? I mean, they CARE so much about their citizens!

My problem is I've worked all my life. Like a fool never saved any thing, and two divorces didn't help either. But I've never had to collect un-employment and don't know how to use the system? I don't know anything about SSI getting food stamps or any of that. I have gotten 2 advace loans on the potential settlement. Trying for a third loan at this point is my only hope at the moment,but don't know if the Atty. will back me on this ? I'm 61 yrs old but a survivor. I'll make it somehow! Take care and good luck to you!! tdemex

Hey, it won't hurt to ask your attorney! Let him know what's going on. You need help and you need help NOW! I've worked all my life, too. I got my first part-time job at the age of 14 and worked straight from school. I even put myself through college and worked full time while doing that! I worked throughout my two pregnancies and began working again the day I came home from the hospital! (I was self-employed for a long time.) It's just not fair. It seems the harder you work, the least likely you are to get what you deserve when you need it. I've seen people on disability doing all sorts of things, showing no sign of being disabled at all! I'd LOVE to know their secret! Sigh! Well, my advice to you would be to talk to your attorney immediately about your current situation. Ask him about what Social Services might be able to do for you. He should be able to tell you. Good luck!

I will look into that, Grandma. Thank you. I'm beginning to see that I should postpone this hearing. I just got an email from one of our senators (after emailing him yesterday about my dilemma) and he is going to help me with this! I have to mail him back a Privacy Act Release, then he will be contacting Social Security. He's even given me a case number! How's that for important!?!? LOL Out of desperation, I emailed everyone I could think of. Maybe that's what more of us have to do... raise a stink! The squeaky wheel gets the oil, huh?

I do know that someone said that the best thing you can do is be direct with them and to the point. When they ask a question, be ready, don't stop to think and don't stumble over your words. It makes them not believe you.

Thanks, Thoroughrob. I have a meeting with this attorney today at noon. He cannot represent me without a waiver of fees from Binder & Binder, so I wrote a letter to them and faxed it over to them yesterday. In that letter, I gave them a date and time to respond by (Feb. 11 by 5:00 p.m.) and, if I did not receive a waiver of fees in the mail by that time, they would be forfeiting their rights to any fees connected to my case. I've also sent the letter via snail mail, Return Receipt Requested. There's no way they can say they never got it! But, I am leaning towards going to that hearing. This lawyer I'm meeting with today said that, even if he can't represent me because of that waiver of fees issue, he would be more than happy to give me all the advice I would need since he understands and sympathizes with the predicament I'm in. Binder & Binder definitely want no part in continuing with this case. They wrote me a letter, stating that the next step of this case would be "too labor intensive" so they would not continue to represent me. How about that? Lazy [expletive deleted]!!! I'm going to do whatever this lawyer suggests tomorrow. I'm not afraid to speak directly to the judge (even though it will be a teleconference since he's over 100 miles from me). I know they will concentrate on WHY I can't work so I'm preparing myself for that type of question. I have all the answers, I believe. I'll just be totally honest and also come armed with updated medical reports. I honestly don't want to postpone this hearing. It came out of the blue, with no one knowing who requested it. I didn't and B&B certainly didn't! I'm thinking that maybe someone from Social Security reviewed my case and saw that the previous Judge was unfair in his denial, since I had no attorney requesting this hearing. At least, I HOPE that's the case! Okay, then. I'm getting more and more courage to do this! I'll just wait to hear what this lawyer says today.

That's the trouble with responding through email, you have no idea what others have said. You keep that letter from them about too labor-intensive, that's proof that they don't want anything to do with your case. Bless that senator! I hope that means it'll be okay now that you've got someone big on your side. Keep updating us on this, I want to know how it goes!

I'll send you a PM. Thank you so much!!! I just noticed that I received an email sometime today from one of our State Senators, to whom I had emailed about my problem. (I wrote to 2 senators and 2 congressmen about this.) One congressman already wrote via snail mail, saying that he will make sure Social Security is aware that he will be showing interest in my case. But, I just got an email from one of the Senators, advising me that he has handed this over to someone in his office. He has assigned a "case number" to this and said that, as soon as he gets back the attached Privacy Act Release, he will contact the Social Security Administration regarding my claim. Should I go with an attorney? If I do go with the one I've selected, he has already told me that he will have to postpone the hearing because there is no way he could possibly get caught up in all that has already happened in just two weeks. I hate postponing this hearing (well, it HAS been 7 years!) but I want to ensure the most favorable outcome possible. (You'd think 3 doctors, one of whom is a rheumatologist, saying I can't work would be enough, wouldn't you? Not with our wonderful government!) I am SO glad I posted this!!! I'll get that PM off right now.

If you don't mind me asking, what is your disability? I can't believe I was denied benefits when I have fibromyalgia, lupus, arthritis, bursitis, IBS, CFS, 'brain fog' (severe memory and concentration problems) and depression. I went through all those appeals. I went before an Administrative Law Judge, with a flunky lawyer from Binder & Binder who didn't argue my case one bit! But, I had reports from 3 doctors who all claimed that I could not work. An administrator from Social Security was there, telling me and the judge that I could do 'this' work or 'that' work, even though the medical reports claimed otherwise. I was still denied. You were extremely fortunate, to say the least! I've known of people with end-stage cancer who were denied benefits! After the nightmare I've already been through with Social Security, I won't feel comfortable going without legal representation. BUT, maybe, with the help of my congressman AND a State senator now, I might not need an attorney. I'm going to write back to the Senator and ask him if I should postpone this hearing or not. I may not have to. That would be ideal but, if I do have to postpone it, so be it. I'm getting so used to disappointment!

Oh, I forgot to mention Binder & Binder's legal rights to attorneys fees. Unfortunately, since they DID represent me, legally they are entitled to a percentage unless they specifically waiver all rights. (Laws seem to always be in favor of the wrong people!) But, I WILL get that waiver! I've already written to them, requesting this waiver. They're most likely scurrying around now trying to read through my entire case to see if I could actually sue them over this. All Binder & Binder wants to do is claim representation, do nothing and collect their fees in the off-chance that you will be approved benefits with them doing nothing to help. Being nationwide, I'm sure they're making money hand over fist!

Only a written waiver of their fees. I've written them a letter and both faxed them a copy and mailed them a copy. In that letter, I gave them until Feb. 11 by 5:00 p.m. to respond, in writing, waiving their rights to any fees connected with my case. If they fail to respond by that time, they forfeit all rights to any fees. I also reminded them of the gross mispresentation on their part and that I could easily go to the Bar Association, the Better Business Bureau and my local newspapers and TV stations with my story about how they handled my case, causing me years of severe physical and emotional distress. I should get that waiver very soon!

I just hope it helps...let us know.

You know what, Deb? That makes more sense than anything I've heard or could possibly think up myself! I'm going to do that! I'll get started on that letter as soon as I log out of myLot, which will be right after I finish this response. That letter will do one of two things. It will end their rights to any fees if they do not respond or it will get them busy if they still try to claim any fees. I'll send that letter Return Receipt Requested to prove that they received it, too. Awesome idea! Thank you SOOOOOOOOOO much!!!!

Hahaha! I'm one stubborn red-headed Aries gal! Well, strawberry blonde, anyway, but there's enough red in there to make me pretty darned feisty when I need to be! My kids used to say something when they were younger. If someone said or did something that they knew would get me angry, they'd say, "Don't mess with my mom, she's Aries!" I always got a chuckle when they said that. I'm beginning to formulate a plan now from the responses I've already received here. I'm going to write to Binder & Binder and tell them that I'm about to go to the Bar and the Better Business Bureau and file complaints against them. I'll also tell them that I've sought other legal counsel regarding their (B&B's) handling of my case and will proceed with legal action against them unless I get a letter, send by express mail, waiving their rights to any fees collected from my case, immediately! Then, I will postpone my hearing. Social Security probably sent me this notification of the hearing only 2 1/2 weeks before the hearing on purpose, so I would not have enough time to get legal representation. It will probably be another 6 months before I get a new hearing but, if that's the case, it will have to be. Of course, having a congressman and now a State senator on my side, I might just be approved without going to another hearing. I've been writing to everyone I could think of regarding this nightmare. So far, one congressman and one senator have agreed to help me. The senator sent me a Privacy Act Release which I am to sign and return as soon as possible. (I have it printed out, signed and in the envelope right now to mail first thing this morning.) He has assigned my case a number and also assigned a specific person from his office to handle this case. I've also been corresponding with a new attorney who is local and specializes in Social Security Disability cases. I am to meet with him soon and will show him all of the support I've managed to find so far. He's the one who needs the waiver of fees from Binder & Binder and I can certainly understand why! I should be receiving around $60,000.00 so the lawyer's cut should be substantial and I can understand why no decent lawyer would want to work for me and have the majority of that money to go to Binder & Binder for doing absolutely nothing! All this is happening because I got fibromyalgia, lupus, arthritis, bursitis, IBS, CFS, 'brain fog', severe memory and concentration problems (you ought to see how long it takes me to write here in myLot because I have to constantly stop to remember certain words or look up how to spell them and I used to be a proofreader!), etc. etc. etc. I didn't ask for any of this! I've been a "go getter" all my life. I've worked since I was 14 years old and love working! Having contracted these diseases has severely affected my mental outlook and I suffer from extreme depression because of it. Well, with the help of the government bigwigs and a good attorney, I just may win this time. I will probably end up suing Binder & Binder anyway, just for the principle of the matter. They've hurt me severely by being so ineffective and downright LAZY concerning my case. I'd have my disability benefits right now if it had not been for them, I'm sure of it! NOT having these benefits has put extreme hardship on me financially and also increased my depression and other physical symptoms (pain). You're right, I SHOULD sue them!

You may be right about the fees. Binder & Binder told me their fee was 1/4 of whatever I received. They mentioned nothing about a limit on their fees! I have a meeting with with my (hopefully) new lawyer at noon today. He says he cannot represent me until I get that waiver from B&B, however. I wrote a letter and faxed it to B&B yesterday, stating that if I did not receive a written waiver in the mail by Feb. 11, 2009 at 5:00 p.m., then they forfeit any rights to any fees connected to my case. I also reminded them that I could go to the Bar Association, the Better Business Bureau, plus our local newspapers and TV stations with my story regarding their pitiful handling of my case, then bailing on me when it got "too labor intensive" (their own words). Plus the fact that I hired them in April 2004 and did not get an appeals hearing until October 2006! Two and one half years! They did not even contact Social Security for the first 19 months and only did that because I called them to find out what was going on! So, I believe I have B&B by the virtual ballz. I'll get that waiver. Once this case if over I'm definitely going to sue B&B for negligence, ineptitude and gross mishandling of my case. They've caused me undue hardship and emotional distress because of the way they mishandled everything. I'm also going to ask this lawyer tomorrow if he thinks it would be a good idea to go to this hearing and explain that I could not get a new attorney because B&B so far has refused to sign that waiver, but also refuses to help me any longer. That pretty much kills any chance I have of hiring a new lawyer. I don't blame them, either! I wouldn't want to put a lot of work into something and have most of the fees going to someone who didn't lift a finger! I'm leaning towards going. My husband doesn't want me to go, so we're having quite a disagreement about that. He just can't understand the frustration this has caused me. Nor can he understand how this is affecting me physically and emotionally! He can SEE that I'm having worse problems, but he just can't understand the pain and depression. But, he also has an intense fear of confrontation. I don't. I'm going to go with what this lawyer advises tomorrow. He said that, even if he can't represent me if B&B never signs a waiver, that he's quite willing to give me all the legal advice I need about my case. I like the man already and we've never met yet! I can't wait for noon! (I just wish I could get to sleep and STAY asleep so noon will come that much sooner. Sigh!)

I'm seriously considerin suing them. I had to threaten them with a lawsuit throughout their handling of my case to get them to do anything! I just received an email from one of our State Senators yesterday evening. He's going to help me! He needs me to sign and mail him a Privacy Act Release form, which I already have ready to put in the mail. (I intend to go directly to the post office and send it overnight mail or at least 2 day mail.) Then, he said the first thing he will do is contact Social Security. He's even given my case a number! That makes it official that he means business. I'm so excited now!!! I may end up not having to go to this hearing, which I will be postponing, by the way. I think Social Security sent me this notice only 2 1/2 weeks before the hearing date on purpose, so I would not have time to get proper legal representation. How in the world could anyone get caught up on seven years worth of stuff in that short amount of time? But, I've also been in contact with a new attorney and have been speaking with someone from his office. I am to meet with him as soon as possible. He said, even if I don't get that waiver from Binder & Binder, he can still advise me as to how to proceed. FINALLY! I have people listening and willing to help! It only took seven years of my life! Also, Debs_Place told me to write to Binder & Binder, telling them that if they do not respond by a specific date that I will be forced to conclude that they are waiving their rights to any fees concerning my case. I thought that was an EXCELLENT idea! If B&B is true to their established protocol, they will not respond, but I'll have that waiver by way of their silence! So, even though I'll have to postpone this hearing, it looks like I will be approved soon enough. Hopefully, with all these heavyweights on my side, I won't even have to go to another hearing! I'm hoping that the judge will just overturn the old denial and I'll start receiving benefits, PLUS the money that I should have been receiving for the past seven years!

There's only one problem with that. If I start over, that means a new application. Social Security would just throw my last seven years of hell into the garbage! They wouldn't pay me the money I should have been receiving all along. I have a State Senator on my side now. I just received an email from him yesterday evening after emailing him the day before. He said he will help me! I have to send him back a Privacy Act Release, then he will be contacting Social Security! I'm so excited!!! So, I may not have to cancel this hearing and there's even a chance now that I won't have to hire a new attorney or even have to go! I sure hope so. I can't say that for sure yet because I don't know exactly how much clout this Senator has with Social Security but I'll be finding out... soon! I'll keep you posted. Good luck with your case! I sincerely hope it doesn't take you even half as long as my case has taken me!

Actually, I have found a sympathetic attorney. We are to meet at noon today. He said he cannot represent me until I get a waiver of fees from Binder & Binder first, though. I have faxed B&B a letter, requesting that they respond with a waiver by Feb. 11 or forfeit any fees associated with my case. This new attorney is quite willing to advise me before then. That is cutting it way too close, though. There is no way this attorney, or any other for that matter, could possibly go with me on the 13th because there simply is not enough time for them to understand exactly what has gone before. I will ask him tomorrow if your advice is good advice because it does sound good to me. I could simply tell the Judge that I was unable to obtain legal counsel until I receive a waiver of fees from Binder & Binder, who want no part of this case any longer except maybe a fee for the so-called "work" they did for me in the past. You know why they bailed on me? They told me that the next step in my case would be too "labor intensive" for them to continue. WHA???? That proves that they only want to take cases that they are pretty sure will win since they want to do the least amount of work possible. With everything Binder & Binder did NOT do for me, I have decided to go after them once my disability case is settled. They've caused me untold hardships because of their ineptitude, neglect and gross mishandling of my case. I have the proof and I certainly don't want them getting away with it! Maybe it will make them more careful in the future. It may even get them disbarred! I'd be very happy if that would happen, believe me!