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Feel like I do not have any hope/depression
#31

Ahhhh......so that's the reason. How does that limit the amount he gets? I think he stated to me about a Medicare set aside and he said it was a pain and I wouldn't get as much......or something like that.
So where would I read up on how this works? So the Medicare setaside comes out of his paycheck/cut from the SSI payments once/if I am approved and back paid if applicable? Am I reading this right?
Thanks Jayne.



(06-20-2014, 04:55 PM)jayne Wrote: Mercy I haved stayed away from this side have been dealing with my own depression I am sorry I havent been here for some of you.
your lawyer doesnt want you to apply for SSDI because it can limit his/her paycheck as you may have to do a medicare setaside.
Stand up and take the lead when it comes to your care.

 
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#32
I agree with Jayne on this. I suggest applying for SSDI.

Also, if your attorney represents you with your SSDI, he gets paid by the amount of back payment you receive. The longer the back payment, the more he receives (there is a cap).
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#33

OMG
I was just reading the SSI and about the compassionate clause where they would process it faster. I fit it to a T.
So this Medicare setaside. Can you explain how that works as I plan on filing on my own for SSI unless you dont think that's a good idea? As I read the compassionate clause, supposedly I could be approved pretty quickly.
Finally good news. Thank you thank you!!!!!!


(06-20-2014, 07:13 PM)California_Help Wrote: I agree with Jayne on this. I suggest applying for SSDI.

Also, if your attorney represents you with your SSDI, he gets paid by the amount of back payment you receive. The longer the back payment, the more he receives (there is a cap).

 
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#34
Scooter I applied for SSDI January 30th 2007, six weeks later I received a phone call from my local social security office (intake person) telling me I had been approved and to watch my bank account. The money was deposited one week later.

My approval went so quickly because it was under the compassionate allowance.

The medicare set-aside requires a lot of work on your attorneys part.

Your attorney is not working in your best interest, no wonder you've had so many problems!
 
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#35
The Medicare set aside is nothing I would worry about now. If you are on SSDI and if you settle your work comp claim and close out the medical portion of it then SSDI requires a medical set aside amount as part of your settlement.

You do not necessarily need an attorney to apply for social security disability, but I recommend hiring one if you are denied SSDI. I do recommend reading some info on how to apply for SSDI. You may also qualify for SSI right now (supplemental security income). I suggest making an appointment with your local social security office and meet with someone who can help you. They are good people working there, unlike with work comp.

There may be reasons why your attorney did not recommend you applying for SSDI, but I think you really need it for both money and in a few months you would have Medicare. Any injuries denied by work comp you can then use Medicare. Your attorney may have felt he was looking out for your best interest (unknown). Sometimes attorney's do not realize/know their clients financial situation.

I would ask for the compassionate allowance as you wrote below.

I am copying info that I got off of another site (below). It contains some good links on how to apply for SSDI. What many people need to know is that SSDI is given f you cannot do ANY job within your qualifications and available in your area, and not necessarily your former occupation. You provide the list of doctors to Social Security, that you want them to have and do not need to provide them with quack IME evaluations, which may not state the true extent of your injury.

Below copied from another site. It is a lot of information to go over, but in my opinion worth looking over. The below comments were not written by me, however I have found this person to be very knowledgeable in regards to applying for SSDI. Skimming through the sites may give you a good enough view of how social security approves the applicants. By the symptoms you have written, my guess would be you would be approved the first time. I have seen some very disabled people denied, so anything is possible.


"The following LINKS are SUPERB, and EXPLAIN HOW SSDI works, HOW to fill out the SSDI APPLICATIONS, and HOW and WHO can HELP you fill out the SSDI application and answer the NUMEROUS questions regarding your disability, like family and friends. They may have OBSERVED OTHER difficulties that you may have as a result of your disability, but may have forgotten, or are not even AWARE of!

When you get to the web-site, is in important that you access all the links which refer you to additional information! Read the ENTIRE WEB-SITE so that you have a BETTER understanding of WHY and HOW SSDI will USE the information in your medical records, your answers, your age, education and past work history when determining IF your application will be approved or NOT.

IF you are DENIED the first time around (which is SSDI's common "practice"), be SURE that you FILE THE RECONSIDERATION by the DEADLINE!

You ALSO have the RIGHT to find out WHO has actually done the REVIEW of your medical records/application! MANY times, this is performed by an SSDI EMPLOYEE, who is NOT A LICENSED MD!!!! Depending on the EXPERIENCE of the reviewer, and how KNOWLEDGEABLE the reviewer actually IS with COMPLICATED MEDICAL CONDITIONS/ISSUES, this ALONE could mean the difference between APPROVED or DENIED for SSDI!

YOU have the right to have your MEDICAL RECORDS AND YOUR APPLICATION REVIEWED BY AN SSDI STAFF DOCTOR!!!!! So, if the initial reviewer on your case WAS NOT A DOCTOR, then REQUEST ONE!! Send a letter to the actual OFFICE LOCATION where your Application is being reviewed, with your request to have a DOCTOR review your records/application to SSDI via US MAIL CERTIFIED, RETURN RECEIPT REQUESTED.

http://www.disabilitysecrets.com

Here in ANOTHER GREAT web-site that actually PROVIDES the "CRITERIA", the Five-step APPROVAL PROCESS, qualifying conditions and OTHER conditions that aren't on their "list", SSDI'S DEFINITIONS of "sedentary", "light", etc, the GRID SYSTEM, and OTHER FACTORS and CHARTS that the SSDI reviewers USE when reviewing your MEDICAL RECORDS and your ANSWERS to the QUESTIONS asked by SSDI on the application~

http://www.ultimatedisabilityguide.com/index.html

YOU NEED to EXPLORE the ENTIRE SITE, because it is a WEALTH OF INFORMATION:

It ALSO explains HOW YOUR Doctors should complete the RFC FORMS that can be DOWNLOADED from this web-site, to SUBMIT TO SSDI...... By exploring the home-page and links, here is what one can find under "RFC FORMS":

http://www.ultimatedisabilityguide.com/rfc_forms.html

FOR EXAMPLE: "The first is a physical RFC. These are used to help determine how your condition physically limits you. There is usually categories with boxes to check that show your limitations. After a series of these the form will usually ask for the medical or clinical findings that support your doctor's conclusions. For example: One question will be are lifting and carrying affected by the claimants impairment? Occasionally ( very little up to 1/3 of 8 hour work day) less than 10 lbs, 10 lbs, 20 lbs, 25 lbs, 50 lbs, 100 lbs or more. Frequently (1/3 to 2/3 of 8 hour work day) less than 10 lbs, 10 lbs, 20 lbs, 25 lbs, 50 lbs, 100 lbs or more. Your doctor will check off which lifting limitation applies to you. Your doctor will have a series of other questions like this in different areas of functioning as well. The form will ask after each set of questions about the medical or clinical findings that support his assessment. You can download a physical RFC on this page......

The second is a mental RFC. This will help determine how a psychiatric condition limits you. This form is set up similar to the physical RFC except your the questions are different and the check mark boxes are different. There will be a series of questions like the following: Ability to carry out very short and simple instructions? There will then be a series of boxes like no limitations, slight limitation, moderate limitation, marked limitation, and extreme limitation. Again Social Security will ask after a series of these type questions what is the medical support for these findings.......

"So why do you need these? Because whether you are disabled or not will be based on how your medical conditions limit you. These forms show your doctors opinion of just that. Another reason you need them is because if you don't have them from your doctor I can assure you Social Security will have some filled out by Social Security consultative doctors and other Social Security employees. Do you want to rely on what they say your limitations are?" [Emphasis added]



The following is JUST a partial chart/ example of ONE of the "factors/charts" used when exploring the other links within the web-site! SSDI , as explained earlier, has a "FIVE STEP PROCESS", and SSDI must consider EVERYTHING concerning your medical conditions, your impairment etc, not only on a "isolated basis" but in COMBINATION when cosidering ALL the factors in your case.....

http://www.ultimatedisabilityguide.com/grid_rules.html

GRIDs for Sedentary Work


Rule
Age
Education
Previous Work Experience
Decision

201.01
Advanced Age
Limited or less
Unskilled or none
Disabled

201.02
Advanced Age
Limited or less
Skilled or semiskilled-skills not transferable
Disabled

201.03
Advanced Age
Limited or less
Skilled or semiskilled-skills transferable
Not disabled

201.04
Advanced Age
High school graduate or more-does not provide for direct entry into skilled work
Unskilled or none
Disabled


"

I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#36
You are both my angels!!!!!! I have always felt my lawyer did/does a good job BUT when I mentioned disability to him he poopoo'd the idea and said (if I remember correctly) it was a pain in the ass and I wouldn't get as much in the settlement and the whole Medicare set aside was terrible. Told him I don't care about a settlement. I only want my injuries fixed so I can return to work and get back to my life. I have stressed to him many times about my worry about the future/bills/losing everything we have as well as not getting the medical treatment I need. After sitting and having a locked leg for almost 7 months, I have muscle atrophy in my calf. I can see the large indent where the muscle is shrinking and the knee remains swollen from effusion. Told him if I don't get the appropriate treatment soon, I will probably be in a W/C within a year due to the compensation I am having to offload onto my opposite knee/hip and back. Then I wouldn't be a candidate for a knee replacement- I would be a candidate for the rest of my life stuck in a chair.
At the hearing, he didn't even have the last MD note where he gave me a brace. ( which is a bandaid and useless because it's too small due to the edema from my mid calf to above my knee). Went to that appt about 5 weeks before the hearing. He didn't have the PT notes, I had to get those the day before the hearing. He is with the best rated law firm in the city supposedly but in the end, you both are so right. I need to take a stand for ME because it obvious that he is putting it off. He told me that I should wait and maybe apply next year for SSI as I would get a better monthly check as I would be that much closer to retirement.

When the hearing was over, he mentioned something about the appeal if the commissioner allows the depo ruling from the quack. He said" well, it costs 150.00 so we will have to set up for you to give me money for that".

Monday............I am going to make an appt and get that ball rolling. Time to take off the rose colored glasses that I have been wearing.
I thank you BOTH with all my heart for your help. You just made my world a whole lot brighter. Thank GOD for this board and your help. I appreciate it so much more than you could ever know!
 
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#37
Never did I have to give my attorney money for anything, the expenses came out at settlement.

In fact I am not for certian if it is legal for you to give money to your attorney.
 
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#38
I didnt give my lawyer a dime until I settled. SSDI and WC are 2 different balls of wax.I made an appt at the SS office. Bummer knees has worked with SS for people who needed help PM her
........I love cats, I just cant eat a whole one by myself......







 
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#39
As part of the Zebley Decision 45 individuals were trained by Social Security Administration And Department of Justice to work in the roles as a mentor doing intake and assisting families with special needs children in the application process of applying for SSI for their disabled child.

I was one of the 45 individuals who went thru this training and have assisted many in the application process.

Message me if you have any questions or if I can help you you with anything when you apply.
 
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#40
(06-20-2014, 09:50 PM)Scooter123 Wrote: You are both my angels!!!!!! I have always felt my lawyer did/does a good job BUT when I mentioned disability to him he poopoo'd the idea and said (if I remember correctly) it was a pain in the ass and I wouldn't get as much in the settlement and the whole Medicare set aside was terrible. Told him I don't care about a settlement. I only want my injuries fixed so I can return to work and get back to my life. I have stressed to him many times about my worry about the future/bills/losing everything we have as well as not getting the medical treatment I need. After sitting and having a locked leg for almost 7 months, I have muscle atrophy in my calf. I can see the large indent where the muscle is shrinking and the knee remains swollen from effusion. Told him if I don't get the appropriate treatment soon, I will probably be in a W/C within a year due to the compensation I am having to offload onto my opposite knee/hip and back. Then I wouldn't be a candidate for a knee replacement- I would be a candidate for the rest of my life stuck in a chair.
At the hearing, he didn't even have the last MD note where he gave me a brace. ( which is a bandaid and useless because it's too small due to the edema from my mid calf to above my knee). Went to that appt about 5 weeks before the hearing. He didn't have the PT notes, I had to get those the day before the hearing. He is with the best rated law firm in the city supposedly but in the end, you both are so right. I need to take a stand for ME because it obvious that he is putting it off. He told me that I should wait and maybe apply next year for SSI as I would get a better monthly check as I would be that much closer to retirement.

When the hearing was over, he mentioned something about the appeal if the commissioner allows the depo ruling from the quack. He said" well, it costs 150.00 so we will have to set up for you to give me money for that".

Monday............I am going to make an appt and get that ball rolling. Time to take off the rose colored glasses that I have been wearing.
I thank you BOTH with all my heart for your help. You just made my world a whole lot brighter. Thank GOD for this board and your help. I appreciate it so much more than you could ever know!

I think your attorney has made some valid points, however like I wrote previously, your situation is that you need help now. I do agree with him on what you wrote above about the MSA etc. I think he was looking out for your best interests, but attorney's sometimes do not realize their clients entire situation.

I think it is great that bummer knees has that knowledge about applying for SSDI. I would take the help.

God bless all of you.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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