You can always get a second opinion
Working in a service industry like the law is a difficult endeavor. Invariably, you will always find people who disagree with your assessment of a situation. As such, I have one simple phrase that I like to share.
“You can always get a second opinion”.
Now, please don’t think I’m trying to be stank when I say these things. I’m merely offering insight. Let’s look at this logically for a second. If you didn’t go to medical school, why would you argue with your doctor about his or her diagnosis? If you don’t agree, just go to another doctor. If you don’t know anything about cars, why would you argue with your mechanic about his or her assessment of your vehicle? If you don’t agree, just go to another doctor.
In most cases, we find ourselves with a particular professional that we like and we are just committed to getting them to see things our way. I can respect that alot. There is nothing wrong with offering your perspective about a situation or even asking questions for greater insight.
However, at some point of the process, you have to rely on the opinion of those individuals you have obtained. You may not LIKE what they are saying but it’s important that you have TRUST in what they are saying. If you truly trust your doctor, you will follow their treatment regiment. If you truly trust your mechanic, you will follow their recommendations.
When using an attorney, it’s sometimes a little different. In most cases, your attorney is attempting to get you something you have lost or help you resolve some issue in your favor. Most times, we are so passionate about positions that we don’t necessarily see things from a totally objective standpoint. When you are using an attorney, an attorney has to balance your desire to see that your goals are satisfied as wel as ensuring that you have a complete understanding of the ramifications and legal implications of your case.
Sometimes, this doesn’t always come into play. In these difficult times, we find ourselves being placed in very difficult and unfortunate situations and we want to get a resolution that will correct the situation. As black and white as that sounds, this resolution may not always be that clear. So it’s important for you to understand that when you are seeking legal advice, you may not LIKE or necessarily AGREE with what you are hearing.
What is important to understand is that you have 2 fundamental options. One, you can follow the advice of your current attorney and allow them to take the necessary steps to advance your interests. Or two, you can seek a ’second opinion’ and obtain a new representative that meets your requirements.
Social Security Topic: I fired my representative so why are they still getting paid?
So you find yourself going through the Social Security Disability process and you hire a representative. Ok. No problem so far. Then, for whatever reason, you find yourself not particularly happy with the services of your representative. Again, no problem. So you go and get another representative or you represent yourself.
Then, something great happens. After months or maybe years of frustration, you get approved. YAAAAAAAY! It’s party time. After you get approved, you get a letter from the Social Security Administration indicating that a portion of your back pay is being set aside for Representative Fees. Say what? Now, don’t panic. They do that automatically because you did have a representative at some point in time. Well, you want your money that is being set aside for the Representative because you fired them. Problem? Just a little bit.
Sometimes, people don’t understand that just because you fire your representative doesn’t mean that they will not get paid. Here’s how it works. Representatives are paid in two ways: Fee Contract and Fee Petition. Under the Fee Contract process, you have entered into a contract so that your representative receives 25% or $5300 (whichever is less. On June 1, 2009, it goes up to $6,000) of your back pay. If Social Security approves the contract, they will pay the representative if you win from your back pay. The Fee Petition is a little different. This process is based on the premise that the representative has to show the Social Security Administration the work that the representative has done in order to get a fee.
So what does that mean as it relates to you firing your representative? Well, it depends. The Fee Petition process requires the representative to notify the client that he or she is petitioning for a fee and if the client wants to contest the fee, they can. Which means, you can challenge the representative getting a fee or challenge how much the representative will receive.
Now, you gotta look it from it’s proper perspective. If your representative has only been in your case one month and did nothing, I can see a really great grounds for saying they should get nothing. However, if your representative has been in the case a few months or even years, or if they have done appeals, or if they have gone to court with you, you are going to have a hard time justifying that they deserve nothing.
Just remember, it’s important to understand that you do have the right to contest the fees of your representative if they are no longer your representative. Just understand that if your representative did some work, they have a right to ask to be paid for it.
Tips for dealing with agencies
I know you don’t want to hear this but it really pays to be nice. It’s funny because so many times when people hire an attorney, they expect to have someone who is going to be jumping up and down on a table and screaming about “YOU better help my client OR ELSE!”.
Well, let me be the first to tell you that I am the complete opposite. I still believe in the old adage “You catch more flies with honey than with vinegar”.
I know this sounds really corny but you gotta appreciate why I say these words. It’s really beneficially that you are nice when dealing with these individuals. However, it doesn’t stop there. I’m not saying you need to be nice 24/7 but here are few thoughts to keep in mind:
1) If everyone else is ‘cussing them out’, why would you join in on the ‘cussing’? I have dealt with so many different agencies that deal with the public and have to listen to being told off, cussed out, threatened, or even, humiliated by someone. You can’t be surprised when you run across an Agency employee who seems to not really care. It’s not that they don’t care, but sometimes when you NEED something, you don’t think about the person you’re asking. You are so business wanting to ‘put them in their place’ and ‘make them recognize’ that they better get right, you don’t stop for ONE second to think about them. Put it like this, if someone cussed you out for something that you are, in good faith, trying to do, what you do??
2) Threatening almost NEVER works! Be mindful of who you are talking to when you are dealing with agencies. If you are dealing with the federal government and you THREATEN to go to your governor, do you REALLY expect that agency person to be moved? And please, get it out of your mind that just because you KNOW someone, you think this is going to be a powerful bargaining chip. You have to understand that by ‘threatening someone’, you put yourself in adversarial position. If someone threatened you, would you REALLY go out of your way to help?
3) I’m sure their phone isn’t broke. Why are you calling 2 to 3 times a day??? And don’t give me that crap about “I’m making sure they got the message”. I understand if you call twice in one day and then wait a few days and then call back. However, if you are calling 2 to 3 times a day and leaving a message, the person is reviewing your message 2 to 3 times a day. Do you really think that they are going to rush to deal with you??
4) There is a way to use the system. Stop grumbling and just deal with the system. Pay attention to where you went. Pay attention to when you went. If the person is not helping you or being rude or belligerent, ask to speak to a supervisor. If you don’t get any recourse, then contact your government representative or get a lawyer. Why waste time trying to MAKE someone do something? Just take advantage of the resources available to you.
5) Remember who you talked to and when and their number. I know you don’t believe this but you really should make a practice of paying attention to who you spoke to and remember their number. Don’t think I don’t do it. I deal with Social Security Administration every day and I know who I can call in certain offices who will be nice to me. No shame in my game.
6) Put it in writing. The easiest way to demonstrate to commitment is to put it in writing. Document when you called. Document when you stopped by. Document who you spoke with or dealt with and document what they did. Trust me. No matter how good your memory may be, you can’t remember everything.
7) You would be surprised by the number of things you can get by being nice or polite. Yes, yes, I know this is corny. When people call me from agencies, when I am asking how I am doing, I always say “I’m just PEACHY KEEN!”. Now, you may think that’s corny. However, you would be surprised at how “disarming” that statement and how much it makes people laugh. When you are dealing with people on a regular basis who are cussing you out and telling you off, you like to deal with someone who will make you smile.
People remember the people who stand out. GOOD or BAD! At the end of the day, people are PEOPLE! They remember the people who are helpful. They remember the people who are polite. They remember the people who are pleasant. They, also, remember the people who are rude. They remember the people who are STANK! They remember the people who unbearable.
Listen, I’m never going to tell you that you need “suck up” or “belittle yourself” in order to get something but you have to reverse the roles for a second. A lot of the people in these agencies are doing the work of 2 people in order to service twice as many people that they can handle. They understand your plight and they genuinely want to help. However, they are still PEOPLE and I’ll be the first to tell you. I don’t respond to any “Showing Out” and I’m sure you don’t either. So why would you expect someone who works for an agency to respond??
Please don’t wait to go to the doctor
One of the things that thoroughly amazes me is the number of persons who wait a significant length of time to pass before receiving any type of treatment for their injury or illness. Now, don’t get me wrong. I totally understand that some people just don’t have the money to get the treatment that they need. However, there are some people who have the insurance and the ability to get treatment but will not do so for what ever reason.
Unfortunately, the down side is that the longer you wait to get treatment, the worse your condition may become. In addition, some programs that rely on medical records may not be sympathetic about relating back. When I say “Relate Back”, what I mean is making the assumption that a medical condition has existed longer than the medical records indicate. For instance, if you hurt your back in January but you didn’t seek treatment until December, you may have a hard time demonstrating that your back problems resulted from your injury in January.
Now, I’m not saying that you can’t relate back. I”m just saying that it becomes difficult to demonstrate a causal link between an injury or illness if you allow a long period of time to pass before you start seeking treatment.
Just remember, if you have an illness or injury that needs treatment, don’t wait. The sooner you get it evaluated, the better you will feel. In addition, the more helpful it may be to your case.
Be careful with Medical Evaluations
Many areas of law rely upon the use of medical experts or treating physicians as a tool to assess the significance of your medical condition. Some areas of law have a stronger use of doctors. If you’re injured on the job or due to a slip and fall or motor vehicle accident or propuct liability, you may have a workers compensation claim or a personal injury law suit. If your condition keeps you out for an extended period of time, you may be able to claim Long Term Disability, Short Disability, or Social Security Disability.
Despite the program you may be claiming or law suit you are filing, the use of a medical provider may be an integral part of the process.
Unfortunately, people have a bad habit of not appreciating the level of scrutiny a doctor or consultant has when evaluating you or assessing your case. In other words, these professionals are trained to evaluate your condition but sometimes, people think that they trick the system.
When I say trick the system, here’s a few things that come to mind:
1) You say one thing but your medical reports say something else. Sometimes, people think that they can say something and the doctor will just accept it for what it is. The joy of laboratory reports or objective evaluations like MRI, X-Rays, or CAT Scans is that these reports can either support or not support your statement. If you are screaming that your back is constantly killing you but there is nothing to support this assessment, you may be hurting your case as opposed to helping it.
2) You DO one thing but your medical reports say something else. Let’s be real, people. Don’t think that your doctor might not be watching you when you’re walking up to the door and then you decide to use your cane when you get inside. Doctors are smart. If your reports say one thing and your statements say something else, they are going to look a little further to make sure that you are truly in bad shape.
3) You don’t know WHAT they are writing. Sometimes, people think that the evaluators or the physicians are writing exactly what they tell you. NO More, NO LESS! However, unless you are there when they write their reports, you have no idea of what they are going to say on their final evaluation. Remember, most evaluators or physicians are going to cover themselves.
4) You can’t BEAT the exam! For some weird reason, people think that they can fake their way through a physical or psychological exam. What most people DON’T realize is that most of these exams have conditions set within them that let’s the tester know if the person is not giving the best effort or is, at worst, faking it. If you really want to mess up your case, try faking an exam as a way to make your case look better.
5) The doctors don’t know unless you say something. Sometimes, people don’t understand that evaluators or doctors CAN’T read your mind. If you don’t share with them your stresses, anxieties or issues, how are they going to know that they must address those issues.
Medical evaluations are crucial components of a variety of different types of cases which are necessary to support your claim. Make sure you give your best effort to ensure that you don’t cause harm to your case.
Attorney comparisons: You may be getting what you deserve already
Choosing an attorney is always a tough task. Alot of times, most of us have never had the opportunity to hire an attorney or even work with an attorney. However, once we’ve hired an attorney, it becomes very easy to want to compare our attorney to others who are using or have used an attorney as well.
If you find yourself in a position where you are trying to decide whether you should switch attorneys, here’s a few things to think about when you are trying to decide to make the move:
1) Is it your attorney or is it you? Alot of times, attorneys will take the opportunity to fully advise their clients about the status of the case and what to expect in the long run. Unfortunately, when things get a little tight, clients will get fired up and think that they are not getting what they are supposed to from their attorneys. So before you start kicking over tables, is your attorney doing what they are supposed or is it you getting upset over your situation?
2) Is the attorney doing what they told you they would do? Attorneys have a duty to not create unrealistic expectations. As such, attorneys will usually outline how their firm operates so their clients will appreciate how they conduct their business. Unfortunately, as time progresses, clients sometimes forget about what their attorneys told them. So it’s important to reflect on whether the attorneys are doing what they told you.
3) Sometimes, the process sucks. Sometimes people don’t understand that the process itself is one that can’t be circumvented. You can’t go around it. You can’t expedite it. As a result, almost every attorney who deals with these types of cases are in the same spot.
4) The grass is always greener. Sometimes, people think that if someone has a lawyer who got them their result faster or better, then they should switch. It’s fascinating because in some instances people don’t appreciate the fact that if you switch, you may find yourself in the same situation as before. Of course, you could be in a better situation but you could also be in a worse situation.
It’s important that you carefully evaluate the significance of deciding whether you should switch from your current attorney to a new one. No one is saying that you should have to stay with an attorney who is not providing you the service you desire. However, it’s important that you evaluate whether you are getting the service you’re getting or determining if you are just frustrated that you are not getting what you want fast enough.
Monday, April 20, 2009 - 10:16 AM EDT Social Security Tips for certain disability cases, Part III: Asthma
It’s tough. I know. You are applying for disability benefits because you have asthma and you can’t seem to understand why no one totally understands what you’re going through. These cases are sometimes very tough because asthma is a fairly normal condition that affects people on a regular basis. As a result, merely saying that you have asthma and that you are using a nebulizer doesn’t necessarily mean that you are going to be entitled to disability benefits right out the gate.
However, if you are alleging disability based on asthma, here are a few things that you may need to keep in consideration to help your case:
1) Be mindful of how often you have an asthma attack. Keep track of your attacks. Keep a calendar. Mark how long you have them and what you have to do to make them stop.
2) Be mindful of what causes them. Is it heat or cold? Is it dust or humidity? Is perfumes or chemical substances? What about exertion? Do you have problems breathing when you walk? Pay close attention to any stressor that may affect your ability to breath.
3) How often are you REALLY going to the hospital? So many times people say that they are going to the hospital every month when in reality, it’s only every other month or even less. Keep close track of the frequency of your visit.
4) Smoking does NOT help! So many time people complain about their asthma but for some odd reason, they are still smoking. Trust me when I tell you, smoking does NOT help your case.
Asthma cases are inherently tough because so many people who deal with asthma on a day to day basis are still working. Be mindful of these little things. They make a difference.
Social Security Tips for certain disability cases, Part II: Epilepsy
Epilepsy is a severe medical condition that can have powerful effects on your day-to-day functions. Most people have epileptic events called seizures. These seizures are usually Petit Mal Seizures or Grand Mal Seizures.
Petit Mal Seizures may be manifested by ’staring episodes’. The individual may find themselves experiencing periods of time where they are cognizant of their surrounds and may literally be non responsive (even though they are awake). In most cases, persons with Petit Mal Seizures lose track of time during the seizures.
Grand Mal Seizures are the convulsive attacks that result in the individual experiencing rapid body movement, eye rolling, and other involuntary body functions for a period of time. The person may urinate or defecate on themselves during these attacks. These events are so traumatic that some people need lengthy periods of time to regain their composure.
Most people think that epilepsy is so traumatic that an individual should be approved fairly easily. Due to its unpredictability, the symptoms can affect you in a variety of different ways. Despite the severity of this condition, it is difficult to demonstrate that the condition can prevent from performing work on a full time basis.
In order to appreciate the difficulties of these cases, here’s a few things to keep in mind:
1) How often do you have them? A seizure calendar is a great tool. Take a blank calendar and everytime you have a seizure, mark it down. Distinguish between Petit Mal or Grand Mal. Since most people don’t remember when they have one, it is important that you have a loved one help you keep track.
2) Take your meds. Some people have the opinion that once they go a period of time without a seizure that they must be fine. It most instances, this just means that the medication levels are at a point where it can balance your seizure. Unfortunately, some people get a false sense of security and think this means they are cured. WRONG! Unless your doctor tells you to stop, keep taking your medicines.
3) What happens after the attack? Here’s where loved ones can help. Some people take a few minutes to recompose themselves. Some people need to take a nap. Some people need to lay down. In most instances, the person having the seizure doesn’t remember, but you should have a friend or family member let you know what is going on after you come out of your attack (as well as tell you how LONG the attack was).
4) What are your restrictions? Are you allowed to be around the stove? Can you stay with the kids by yourself? Has your driving license been taken away? All of these things are necessary to help you with your claim.
5) Sugar Coating it or Sour Coating it will NOT help your case. Listen, don’t front. Epilepsy cases are hard to win. So don’t act like you’re not having many seizures when you actually ARE and don’t act like you’re having a bunch when you’re not.
Recognize the importance and the difficulty of your case if you are alleging Epilepsy. These little things may make a HUGE difference.
TOMORROW’s CASE: ASTHMA
Social Security Tips for certain disability cases, Part I: Diabetes
Over the next few days, I’m going to address a few types of cases that I’ve commonly represented and some of the pitfalls that I’ve noticed claimants having.
One of the first cases that I’ve had an interesting time with people affected with Diabetes. Typically, people who are alleging diabetes either have Insulin-Dependent or Non Insulin-Dependent.
Some people have a hard time appreciating the fact that just saying that you have ‘Diabetes’ is not going to get you a guaranteed social security check. However, Diabetes cases are not necessarily that simple:
1) Diet. You are what you eat! It’s amazing the number of times I’ve sat in a hearing and the judge will ask “Does your doctor have you on a diet? Are you following that diet?”. These situations can be really tough because on the one hand, if your doctor puts you on a strict diet and you just can’t resist eating the bad foods, you aren’t helping your case AT ALL! However, sometimes the diets that doctors put you on may be expensive to the household. Think about it. If you have a family of 4 on food stamps, the choice between buying something bad that can last 4 or 5 days versus something good for YOU that last one day can sometimes be a rough chose.
2) Exercise. In some instances, if you’re overweight, your doctor may advise you to exercise. Now, don’t get me wrong. If you have another physical impairment that prevents you from exercising, losing weight through exercise may not be possible. However, if your doctor is advising you to walk or stretch and you’re not doing any of those things, it doesn’t help your case.
3) Medication. Social Security can be rough on those people who believe that they should take their medicine ONLY when they think they should take their medicine. I can’t tell you the amount of times people will selectively choose not to take their medications. The unfortunate thing is the people who can’t afford to purchase their medicine so this puts them in a very tough position.
4) Compliance and the medical doctor. The phrase is called “Non-Compliance” and it is a killer for diabetes cases. When you go to your doctor and he’s advised that you lose weight or change your diet or stay on your meds and your Blood Sugar is still high or “uncontrolled”, typically the doctor is going to make one of two choices. One, despite you following his treatment regime, your diabetes is still problematic. Two, you may not be doing what he wants you to do specifically, therefore you are NOT COMPLYING with his instruction. In other words, you are “NON Compliant!”. It’s hard to explain “non compliance” if you are not doing what you’re supposed to be doing.
Diabetes cases are notoriously tough. Even if you have the tingling in your extremities (neuropathy), fatigue, or blurring / scratchy vision (retinopathy), if the medical records reveal that you are not doing what you are supposed to be doing, you may be in serious trouble of proving your case.
My philosophy has always been, “Do what your doctors tell you EXACTLY and you shouldn’t go wrong.”
TOMORROW’s CASE: EPILEPSY
Times may get harder while waiting for Social Security Disability
“How long does the process take after I apply?” Do you know how many times a day I get THAT question?? Unfortunately, my answer to it is not really one that I like sharing to prospects or clients.
I usually tell them that the process can take anywhere from two months to three years depending on the circumstances. Unfortunately, that takes the wind out of alot of people’s sails.
The sad truth of today’s situation is despite the economy, the new administration, or any other external factor, the Social Security process is still a lengthy process. I’ve provided a few different posts previously to help you cut the time off of the process. However, the simple fact remains that it IS a lengthy process.
The next hardest question I get is “Is there anything that can be done to make it move faster?”
This question falls heavy on my heart because invariably most people don’t appreciate the fact that they are one of thousands of people who are trying to do the same thing. They are sending in their bills, or eviction notice, or foreclosure notices. They are living with family or friends or even homeless. However, if SSA doesn’t have everything that they need, they can’t, in good faith, make an informed and educated decision regarding your claim.
I’ve had two claims in the last year that moved REALLLY fast and both of those persons had terminal cancer (one applied in March, was approved in March, and passed away later that year).
“Do I have to be dying in order to get disability benefits?” That’s a cold statement but it’s hard to explain to people who are struggling that they are one of MANY persons who are in the same boat as they are. As such, it’s tough to get them to understand that they are NOT the only person who is trying to avoid foreclosure, or is trying to avoid eviction, or is trying to keep the lights from being disconnected.
The simple fact of the matter is this, the moment you are put in the position to apply for disability benefits, your world has INSTANTLY been changed. Unfortunately, despite how crucial your world may be, you still have to go through the process in order to get to the desired outcome. As such, no matter how HARD it is, you still have to wait.
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