Posted on 12/16/2005 12:22:34 PM PST by JusticeTalion
Dear FReepers,
I have been embroiled in an eight year battle with the Social Security Administration without benefit of legal help. Up to now I have managed but filing an effective, and compelling, federal appeal is impossible for a layman. There is no attorney in my area who would take the long running case. I contacted the Federal Appeals Agency in Georgia, that is all they do is file appeals, but they want $175 for consultation and a whopping six thousand dollar retainer. Needless to say, after ten years of being out of work I do not have this money.
Neither does my aunt, who has supported me over the years. Recent illness, and crushing energy bills from the outrageously hot summer, have put her in dire financial straights. The money from my accumulated benefits would relieve this and repay her kindness. The medical benefits would also allow me to finally receive attention for the infirmity that knocked me out of work in the first place.
I am not asking for financial help. But I am asking for legal assistance. If you are a lawyer, know a lawyer, or have information on where I can get help with this matter I would appreciate any leads. I am down to the end of my rope and the thought of being cheated out of my rightful benefits is making me a wreck.
Up until now I have handled my own legal needs out of necessity, there were plenty of examples and forms, but this appeal process is so far beyond me I am flailing helplessly in the dark. The judge, with his decision, has placed an onerous, and unfair, burden of proof on me in order to prove I am disabled. The available evidence proves it sufficiently but his ruling ignored the relevant information by calling for more proof. Proof that I can't provide without hiring a doctor to baby sit me 24/7 and making observations. Their ten minute office visits used to create the vocational reports are flawed because they don't take into account the old injury preventing me from returning to my former employment, which Social Security is claiming I can do.
If you can help, please PM me so we can work something out. If you can't, then drop a prayer for me to find someone to help out.
Thank you all, my fellow FReepers, for considering and your prayers. Merry Christmas and the best to you, and yours, in the coming New Year.
Justice Talion
God bless our troops wherever they may be.
(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie.Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")
I am a lawyer. Have you exhausted all of the SSA appeals? Federal appeals take lots of time and money. There is no avoiding it. I assume you've tried and not been able to find anyone who will take it on a contigency basis. If so, and if you don't want to pay the money for a lawyer, your best shot is to try to frame your case as an important public interest case, and get a large rich law firm to help you pro bono...or go to a library with legal volumes and bone up on federal appellate procedure.
Check out your local law school. Many have legal clinics that will provide student representation for you. Or check out your local legal aid service.
What kind of injury do you have that prevents you from doing any work at all?
There are many attorneys who do this work and will not charge you unless they get relief for you. Where do you live? There are 800 phone numbers and if you have a computer, which you obviously do, just use google to find legal help.
It is hard enough to pick up an appeallate case after an attorney has lost at the trial court; it is nearly impossible after a pro-se litigant has done so.
This link will help you get started.
http://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=law+firms+doing+social+security+appeals&btnG=Search
I agree with Dino. If you are out of work, I would assume you have time to go to the local law library and start studying. It wouldn't take much to prepare a motion to continue to give you as much time as you need to learn and prepare. I am a judge and I NEVER like seeing someone represent themselves. Even if you manage to get the basic forms, petitions, motions, etc filed properly, your ability to argue your case based on case law is just never going to be in the same league as the other side.
(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie.Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")
The threshold for receiving SSI is extremely high. (70%+ of all initial claims denied) You must prove you cannot work at all, and the likelihood that you will ever be able to is zero. I am sure you know this by now. Do you have private disability coverage? If so, sometimes the benefit is broken into a 'base' amount and an 'SSI' amount. If you receive SSI, then the SSI amount will be reduced accordingly. Therefore your insurance co will provide free legal assistance with this because then they can lower the benefit they pay. Of course if you don't have private insurance, all that I have written is worthless. It is necessary to have an attorney at the point you are at. All the best
You have a legal problem. Apparently, you have been representing yourself, and have not succeeded. You need an attorney. Free Republic is not an attorney, although there are attorneys here.
You cannot possibly tell the details of your situation here in these threads, and it would be inappropriate to do so. So, start with the link above here, call your local legal aid society, and begin your hunt for an attorney.
You may well have hurt your cause by continuing to act so long on your own behalf. You're right that few attorneys are going to want to take on a case that is marred by poor filings and other incorrect previous paperwork.
There may be an attorney who is a member of your church who can help you find assistance.
Make an appointment to see your Congressperson (hopefully, they're of the same political persuasion as you are) besides they exist in DC to represent you. If you're able to be in DC, make an appt. If not, then your Representative or Senator should have a local office. My dad hired an attorney because he was fighting the mining company to get his black lung benefits. My dad was test by his doctor and the mining companies doctors and tests proved my dad had black lung and a host of other problems. The lawyer's fee was to take a certain percentage should my dad receive his benefits. In a three year time that my dad hired this joker, the attorney wrote one (1), that's right ONE, letter. However, I was working in DC and my mom came to visit. I called her Representative up and demanded to get an appointment for her (it helped that it was an election year too). Instead Mom's Representative's aide (real nice person) took the case (to avoid an official appointment) and investigated my dad's case. My dad's file had already been filed away in "File 13". The aide was able to pull the file and rechecked. Wasn't too long afterwards that my dad received his black lung benefits at a time when the program was virtually bankrupt. Anyway, the lawyer charged my dad $1,000 for one letter. RIPOFF!!!
That is what they need to rename it the 100% attorney employment act. Legal aide will only help you if you have proof that three law firms have refused to help you. Don't you think congress is wonderful.
congress and wonderful in the same sentence, well, I'll have to stretch reality to agree with that.....
But you are flying a California flag?
If you can't find a lawyer to take a case, you should question the merits of the matter.
At this point, it sounds like you should contact local law schools and ask for the legal clinic, or try looking for a legal aid agency.
JusticeTalion
God bless our troops wherever they may be.
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