NPR Attacks Disabled Workers

[jimells]

Are you sure the money paid to the lawyer didn't come out of your SSDI award? That is sometimes done. In that case the lawyer only gets paid if you win.

The fee is 25% of the retroactive benefits. This is by law. This is the only fee the lawyer can collect, although they can charge the client directly for out-of-pocket expenses, such as obtaining medical records. SSA sends the money directly to the lawyer and charges them a fee (up to $88, if I remember correctly) for doing so. The representative doesn't have to be a lawyer - they can be anybody. A form, signed by the representative and the disabled person, is sent to SSA, so it's all official. The SSA does have a blacklist of reps who screwed their clients, but the list says nothing about the competency of the lawyer.

The representative benefits greatly when SSA stretches the process out, which is almost always the case. If a person becomes too sick to work, files a claim, and receives benefits in just a few months, the rep. would get nothing, since SSA won't award retroactive benefits for the first five full months of the disability. Apparently sick people don't need any money for the first six months.

Nearly everybody is rejected at the state level, by their state's "Disability Determination Service". I have never seen any explanation of why state employees review (and mostly deny) all claims before SSA employees review (and sometimes allow) claims.

The claim acceptance rate by each Administrative Law Judge (who is just another lawyer, not a 'judge in a court of law') is public information. The disability lawyer I used publishes this information on his website. The huge variation in favorable decisions, by ALJ and region suggests that their decisions are largely arbitrary.

When I posted the article, it was my intention to post an analysis of it, but I was too upset to do so. I'd still like to do that, if I can "Keep Calm"...

 

[overtrain]

"The claim acceptance rate by each Administrative Law Judge (who is just another lawyer, not a 'judge in a court of law') is public information. The disability lawyer I used publishes this information on his website.

This is great. Would you be okay with sharing a link for the site or pming me with it? I didn't know their record is public. After my 'court appearance' my atty. said the second she found out he was the 'judge' she knew I'd lose, because "He turns everyone down".

The ALJ I got - serious power trip. I had to say "Judge" at some juncture at the very beginning of the 'trial' - there was a long silence- I looked at my attorney & she seemed horrified I didn't kiss his ass just right. It was set up like a court (this was via tv conference) with a stenographer, etc. And the swearing in. Surprised they didn't hand me a bible thru the screen.

I went thru worker's comp in CA & none of this nonsense transpired. And my atty. got 15%.

The huge variation in favorable decisions, by ALJ and region suggests that their decisions are largely arbitrary.

I wonder what anyone's doing to rectify this situation. Arbitrary is the word. A friend got SSI and she COULD work and WAS working & she got it. Everyone has their own sit., naturally, but I was floored she was awarded when I absol. can't work. She has no education. I def. think there's got to be stats related to ed levels & likelihood of claims approved.

When I posted the article, it was my intention to post an analysis of it, but I was too upset to do so. I'd still like to do that, if I can "Keep Calm"...

Yeah.... stress I used to deal w well now drains me; even basic research & posting on PR takes recovering from. Good luck....