What happens AFTER you get approved for Social Security Disability benefits

August 23, 2010 · Filed Under Social Security, Tips for dealing with attorneys · Comment 

I know I have spent a lot of time talking about what you need to do in order to prove you are disabled.  This video will help give you some insight into what happens after you get approved:

http://www.youtube.com/watch?v=vnnyBhxY5nE

REEVES’s REASONS WHY RAPID, REPETITIVE, RINGING THE PHONE WILL GET YOU NO RESULTS!!

Let me tell you why ‘BLOWING up’ someone’s phone NEVER works

Ok, before you start losing your mind, I don’t mean ‘LITERALLY’ blowing up someone’s phone so back off.  That’s not what I’m talking about.  I mean when you decide that calling several times a day or leaving multiple messages over a short period time is how you’re going to get someone to respond.   Let me tell you that this course of action is NEVER a good thing.

Now, keep in  mind this little point.  Pretty much every state requires attorneys to keep their client’s informed.  So we tend to be very accommodating to multiple calls (probably more than we should sometimes. lol).  However, I can’t tell you how many times I’ve had to give my “REEVES’s REASONS WHY RAPID, REPETITIVE, RINGING THE PHONE WILL GET YOU NO RESULTS!!”

1) For every message left, they gotta listen to it.
I’m always amazed at the people who feel that they have to leave multiple messages.   One message is usually fine.  Even more so fascinating is the fact that so many people will leave LOOOOOOOOOOOOOOOOOOONG messages and then want to repeat the same information when they speak to the person.   Remember, this is not necessary.  More importantly, why would you leave a 3 minute message on Monday morning and then call BACK that afternoon to see if they got it OR to ask them about the message??  Give them a chance to read it.

2) Don’t assume that your caller id will appear on the person’s phone.  Even if your number appears, do you really expect them to remember your number?
Remember, some phones have caller id which will only show your number.  THAT’s IT!  So don’t get an attitude if you call OVER and OVER again and you assume the person will recognize your number.   When I worked for my old firm, I had over 1000 clients.  Trust me, I’m doing good when I can remember family member and  friend’s numbers on my cell phone.   Do you really expect people who get calls all day every day to remember YOUR number by heart????

3) If they say 24, 48, or 72 hours, GIVE THEM THAT TIME TO RESPOND.
Most people make a point to let the caller know that they need to be given time to respond.  Usually, this is done because the person has so many calls they receive, they want to have the ability to call back in a timely manner.   So be reasonable.  If the message says, “I’ll respond in 48 hours”, that means TWO DAYS!! So if you call on Monday morning and you get the message “I’ll respond in 48 hours”, WHY IN THE HELL ARE YOU CALLING  MONDAY AFTERNOON??????   CHILL!  Give the person a chance to respond.

4) Always remember the story about “The BOY WHO CRIED WOLF”
Now, like i said before, attorneys are different.  We have a duty to communicate and keep our client informed.  However, you have to be realistic, if you call on Monday and the person gives you a status and THEN you call on Tuesday and they give the same status and then you call on Wednesday and they give you the same status, you CAN’T be surprised if you call Thursday and they don’t call back right away.  Keep things in their proper perspective.  After a while, people may tone you out so be careful.

5) If you don’t leave a message, HOW will they know?
This happens ALOT.  People confuse “making repeated calls” with “leaving repeated messages”.  Don’t forget about point #2.  You can’t assume that the person’s phones keeps tracks of the multiple calls you have made.  More importantly, you can’t treat ‘calling multiple times’ like leaving messages.  So before you get angry because you’ve called 10 times and never got a call back and you didn’t leave a message, ask yourself this question, ‘If you didn’t leave a message, HOW do you expect them know that you called multiple times?’

6) Don’t forget about the shoe.
Now, follow this example, you owe someone some money.  You don’t have it.  You are going to get it.  You are going to reimburse the person.  However, they are not sure you’re going to honor your word.  So they call you every other day asking for the status of their money.   GUESS what you’re going to do?  First, you’re going to have an attitude because you don’t want anyone sweating you.  Second, you’re going to ignore.  Third, when you finally pay the money, you are NEVER going to bother that person EVER again.   Now, REVERSE the role.  See how easy it is to get stank with someone and FORGET that they have your interest at heart but you have to respect them and their time.

Now don’t get me wrong.  As a professional, I understand the importance of making sure that people kept informed.  Just keep things in their proper perspective.    Sometimes, you have to understand that you must give the person you’re speaking to the opportunity to respond and once they have, you have to trust that it is not always necessary to ‘aggressively call them’.  Trust me. They know you’re there.

The hardest legal choices usually involve the ones you love

Ok, here’s the situation.  You are in a car accident and the person at fault is a good friend or a family member.  Do you call the police?  Do you notify your car insurance?

What about a Will that leaves something to you that you know another family member.  Do you give it to the family member??  What if the item is something you always wanted but your family member has always said they wanted it?  If they fight it in court, are you going to fight it in court??

What about a family member that gets arrested and wants to use you as an alibi?  Do you cover for them if the alibi is not true??

I wish I could give you the ‘CLEAN LEGAL’ answer for all of the scenarios but unfortunately, I can’t.  I can tell you that you may need to investigate the damages for your car and speak to a Personal Injury Attorney.  I can tell you that you may need to speak to an Estate Attorney regarding challenges to wills.  I can tell you that you need to speak to a Criminal Defense attorney so you can appreciate the ramifications of your actions for covering (i.e. lying for a family).

Those responses are the “Legal” responses.  Unfortunately, they are not necessarily the CLEAN responses.  The reason I say they are not the CLEAN responses is because any time you are dealing with family members or loved ones and THE LAW, things are never as clean as we would like them to be.

It’s easy to deal with someone who is not a relative or a friend.  However, when you find yourself in a situation where you are trying to separate your personal emotions and feelings about a legal situation, it can be come increasingly difficult based on the person you’re dealing.

Unfortunately, there is no easy answer.  The phrase “The LAW is Blind” is also applicable to family members and friends.  When you find yourself in a situation where you are forced to avail yourself of the legal system, you have to keep in mind that your relationship with that person will be affected by the legal process.  The impact of that affection depends on you and your loved one.

Anthony Reeves
www.reevesfirm.com
Dedicated to Representing the Disabled and Discriminated

The initial speech when you come in for representation

“Allow me the opportunity to explain a few things to you about the process and what you can expect………”

I can’t tell how many times I’ve had to give this type of speech.  It’s a crucial speech and it’s one that every person who is hiring an attorney should and probably will hear.  It’s not meant to blow you off or talk above your head.  The speech is designed to educate you about somethings so you can be fully informed.

How does this speech go??  It’s usually something like this (and they are all done a little different depending on the attorney or type of case):

1) The Process
What the Lawyers say -”The process you’re going to go through is a difficult process and may take a while but you must be patient because some steps are necessary.”

What the Lawyers mean -  You have to be patient because there are certain things and steps that HAVE to happen in order to get a favorable outcome.  Even though you’ve hired an attorney, this doesn’t mean that you are going to get the outcome you are looking for immediately.

2) Representation
What the Lawyers say – “It’s important to keep me informed about your situation.  Remember, it’s important to remember that I am representing you.”

What the Lawyers mean -  The attorney is telling you that YOU are the client.  Not your cousin.  Not your husband. Not your wife.  Not your girlfriend, boyfriend, momma, daddy, or friends.  It’s, also, important for you to remember that you bear some responsibility in ensuring that you providing information to your attorney.

3) Attorney Fees
What the Lawyers say – “It’s important to understand that we obtain attorney fees in this manner. “

What the Lawyers mean – Unless the attorney tells you that they are going to do the case ‘pro bono’ (i.e. free), they expect to get paid.   Attorneys do a good job at documenting the work they do so they are going to cover themselves in terms of describing the work they do.

4) Expectations of your case
What the Lawyers say – “The likelihood of success depends on the facts of your case as well as the evidence.  As the case proceeds, we will evaluate the case further.”

What the Lawyers mean – Do NOT, and I repeat, DO NOT compare your case with someone else’s case.  Every case is different and every outcome is different.  As one attorney once told me, “I’ve seen great cases with great facts lose and bad cases with bad facts win.  What does that tell me?  Every case is a crap shoot”.  With this being said, it’s important to remember that attorney’s typically take cases they can win so they are trying to make money when they can.  However, sometimes, as the case progresses, they realize that they case can easily get worse.

5) Communicating with your attorney
What the Lawyers say – “Please feel free to contact our office anytime.  Our staff is available to assist you with most questions and concerns.  If you must talk to me, just my staff know.”

What the Lawyers mean – So many times people think that the only person who can tell them about their case is their attorney.   As such, people are quick to bypass the paralegal or admin assistant who can provide you quick and accurate information about the status of your case.  Don’t be so quick to believe that support staff can’t help you.

Attorneys constantly speak about how important a decision and it is an important decision.  Attorneys recognize and appreciate how important it is for clients to be informed about the process, the case, and everything that may be deemed relevant at the BEGINNING of the process.  Make sure you take the time to listen to what they have to say.

What should you do if you think you’re going to get fired?

September 29, 2009 · Filed Under Labor & Employment, Tips for dealing with attorneys · 6 Comments 

In this day and age, people are become more and more concerned about their job security.  Even when the market was good, the last thing you want to see happen or have happen is to find yourself in a situation where you think you are about to get fired.   Now, there is a difference between getting fired or laid off.  When you get laid off, it’s usually due to some type of financial decision that was made by the employer in an effort to reorganize or save cost (Unless you think they are just saying that to get rid of you and that’s a whole different topic).

Usually, when you think that you are about to get fired, this situation usually occurs as a result of some type of ongoing tension between you and your employer.   This tension can not only be distracting but also upsetting.  The last thing you want to do is find yourself in a situation where you think that someone is going to drop the hammer on you.

Unfortunately, when people find themselves in this situation, their first instinct is to try and figure out a way to keep this from happening.  Doing this can be tricky because you literally don’t know what the employer is thinking so it’s kind of hard to take any proactive step to stop this from happening.

But don’t think you’re completely helpless.  You can do a few things to keep YOU on your game so that you don’t make your situation worse:

1) Is your employment unionized?
In most instances, if you are in a ‘union shop’ (i.e. you are a member of a union), the union representative is your best resource.   If you think the hammer is about to drop, I would be quick to tell you to go and speak with you union representative. The reason I mention this is because invariably if there is a grievance procedure to go through, you will have to go through that first if there is any type of collective bargaining agreement in place.

2) Be careful of WHAT disciplinary actions may come your way.
You have to be mindful of any additional disciplinary actions.   If you find yourself getting written up for things, make sure you take the opportunity to read what the allegations are.  Most employers give you the option to ’sign or not sign’ and in some instances, you may have the ability to write a rebuttal.  In any event, you want to be careful about any ‘additional disciplinary actions’ that appear to pop up from no where (especially if you’ve never had any problems in the past).

3) Keep an eye out on the BEFORE and AFTER!
What is your employment track record?  If you’re an employee who has never been written up and gets great evaluations, you are probably going to be a bit concerned when you start noticing an increase in negative evaluations.   Pay attention to how soon these ‘negative evaluations’ occur and more importantly, pay attention to the timing of these evaluations.

4) What type of state are you in?
Meaning are you an AT WILL state which means the employer can fire you for any reason or no reason (as long as it doesn’t violate any clearly defined law i.e. based on race, gender, age, etc.).

5) If this place is not a union shop (i.e. has a union) and you are what is called “RIGHT TO WORK” state, you need to be careful.
If you find yourself getting ‘verbal communications’ about things that you should do in an effort to improve your situation, you should a nice letter to the employer summarizing the content of these meetings and your understanding of what they want you to do and WHY they want you to do it.  You should emphasize the facts (not the emotions) such as NO indication of corrective action (if that’s what happened). Be careful because when you start documenting, the employer will think you’re up to something but THIS POINT forward, you needs to be documenting everything.

6) Be SMART.
It’s amazing how GANGSTA people get when they think that someone is about to bring the heat! It’s even further magnified when they believe that they have had a reputation and livelihood effected.  Be careful about being a pistol. The law is fairly clear that if the employer has a ‘personality conflict’ with an employee, this is different from discrimination. An employer may be able to put the heat on you for not getting along. You don’t want to do anything to trip over your own feet. I’m not saying you can’t be vocal about anything that may be illegal but you have to be careful not to come off as the unruly employee who is not trying to work with management to improve.

7) If they are going to let you go, there may be nothing you can do
Absent some express contractual provision or a provision in a union collective bargaining agreement, you may not be able to STOP an employer from you.  You can possibly sue to get your job back.   You can sue for damages. However, if they decide to let you go, that’s’ it.

8) IF you get fired, file (if you thinks you’ve been discriminated) right away.
The moment that the adverse employment action, you will have 180 days to file with the EEOC (I don’t know what the time line is for most states for a similar state action) but you don’t want to wait.

9) Don’t expect your co-workers to automatically have your back.
In an employment setting, when it’s a choice between your job and your friend, your Worker FRIEND will probably choose their job. Even though employers are not permitted to retaliate against an employee for participating in a situation like this, employees may still run scared because they don’t want their employer looking at them crazy.

10) GO TO A LAWYER!!!
Sometimes, lawyers can do certain things that may put the employer on notice that they better chill out if they are doing something potentially illegal.  However, it’s important that you take the opportunity to speak with an attorney so you can understand and appreciate all of your options.

Let me be the first to tell you that there is nothing sexy about being in a position where you are worried about the financial well being of your job.   With all of the stresses that you deal with in your day to day life, the last thing you want to have in front of you is a situation where you are freaking out about the possibility of losing your job.  Be smart.  Most importantly, if the climate of your job has changed, you may want to think about changing the weather.  I know it gets kind of crazy when you’ve been in a job for a number of years but in the end, your sanity is much more important than a paycheck.

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