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Filed for SSD

tarheelgirlttarheelgirl Posts: 473
edited 06/11/2012 - 8:28 AM in Health Insurance Issues
Hi guys,

I just wanted to tell you that I filed for SSD and decided to go with Binder and Binder. This is the first time filing. They only take you if they think you have a strong case (obviously b/c its the only way they get paid is if I win).
I pray I hear good news...they said it can take 4-6 months. I've seen some of you got your answer in 2 months? I hope mine doesn't take long. But, I'm comforted to know that there is back pay to the date I stopped working which has been over a year...so that would really come in handy in this economy. We really need the money!

Jeaux...since you are so knowledgeable and worked for SSD attorney...can you tell me about SSD paying you for your children? They took all info on my 5 kids (2 are step children who we have full custody)...my rep said that SSD will likely pay to my children too...I can't remember what this insurance was called?? What do you know about this and do most people get this if they are approved? Thanks!!


  • Oh no, I think I am beginning to see what you were talking about Jeabeux with large firms like B&B. I just called to get an update on my case and it was this rude lady who said all she could tell me is that my case was retained and was transferred to the Tampa office. I tried calling the Tampa office and got the same lady! She was mad I had called back, but I told her to let my case worker know I may be regretting my decision to have them represent me. I don't understand how I can't get any info. I thought my case would be filed by now! [sigh]
  • I applied on Nov 21 and I still have not had a decision. I have to go to one of thier phych doctors to see if I am depressed, (a no brainer,) I will get a lawyer if I am denied, it seems most of them want you to get denied first and they help with the appeal.
    I am praying for this to be approved. Anyone with some extra prayers please keep me in them..
  • I also found a lawyer before I filed for SSD. I went with a small local firm. I figured they don't get paid until I win, so why not start with one? They helped me to fill out the paper work and that was a huge relief. It took a year and a half to get denied, and 1 more year to get my appeal date. It's tomorrow morning, and I am trying so hard to stay calm. Some people have to wait longer, some hardly wait at all. Everyone has a different story. It depends on your disability, where you live, the judge, your lawyer, etc. Good luck to you both!
    Keep Hope,
    Faith M
  • Faith, I just said a prayer for you...I guess you may be at your hearing! I hope everything turns out well and you get approval today! Why in the world did it take so long to hear back from filing the first time??? Well, at least there is back pay...it makes it worth keep trying until it's approved. We really could use a "salary" every month and the back pay would be used for so many things. We need this so badly...I have so much guilt about not bringing in income...since my profession is pretty recession proof and I could make decent money. I'm thankful my husband is so understanding.

    Cyndi, thanks for the response and I hope everything goes well with you!

    Any more comments would be great...I guess no one has used B&B? If anyone can answer me about getting payments for the children...that would be appreciated!
  • That is so sweet of you to pray for me! I can relate to your feelings of guilt over not bringing in any income. My husband is self employed so we pay our own health ins. And after 8 surgeries we have spent tons of $ on copays and scripts. I haven't been able to work for 2 1/2 years and I feel like a drain on the family budget. I was told that if I am awarded SSD I will get $ for my 16 year old son. You get $ for all children under age 18 living in your home. My hearing was nuts, I've ranted all about it on this forum under "I'm so angry". Good luck to you, stay strong.
    Faith M
  • Faith...I will have to read the other post about your hearing.

    That is added bonus to get paid for each child. It's something I did not expect at all. When they started asking about my kids I was shocked! I have 3 children, but my two step children live with us as well. I don't know if all will qualify. The girl first said they had to be adopted by me, but then she said since they live with us, it may go thru. I am praying. I really need the money so bad!

    Thanks for responding! I will continue to pray for you.
  • i hope everyone recieves some good news from ssdi. take care...m
  • I am so sorry for taking this long. I've been extremely busy.

    Here's the deal: Each year you should receive a notice called "Earnings Statement" from Social Security (SSA). This shows how much you've made in your lifetime of working, how much taxes you've paid; what your benefit amount would be if you were to retire or if you become disabled.

    There is an amount your children would receive; but there is also a FAMILY AMOUNT. This is in the event there is more than one child. The family amount cannot exceed this amount (Subtract your benefit amount from the family amount, divide the remainder by how many children were under 18 at the time you became disabled - that would be the amount each child would receive). They will each receive back pay; benefits cease when they turn 18 (19 if still in school).

    I am so sorry you are having difficulty with B&B. One thing to remember right now is that your initial claim may have not been assigned to a Disability CLaims Examiner yet. They do all the initial work (attorneys do absolutely NOTHING at this stage - which is why it's best to wait until after you have been denied - other wise, you are paying them to do nothing - other than in your case where they helped with the paperwork).

    Since your claim has not been assigned to a disability claims examiner yet, there isn't a whole lot that B&B can tell you. They won't really be helpful until your claim is denied; you contact them to let them know you have received your denial letter(they get a copy of everything you get - well, they are supposed to anyway), they will then send you appeal papers to sign to send back to them and they will file the appeal for you. Then, they wait until your file is assigned a judge (can take anywhere from 12 - 24 months, so don't worry if you hear nothing for a while... just check with them periodically). When a judge is assigned to your claim, B&B will request updated records from your treating sources to cover your period of treatment from the date your initial claim is denied up to whatever the date is they are requesting this info. Once B&B gets this information, they review it, and see if those records (plus the records that SSA requested when they had your file) would be sufficient for the judge could make a deicision with what they already have (this is called making a decision "on the record"); if the Judge can't decide if you are disabled or not, the judge's assistant will schedule a hearing. B:&B will then request records once more to be sure they have all gaps in treatment covered.

    B&B will probably not call you until about a day or 2 before your hearing to go over your case (this is called the hearing prep stage). They wait this long because they will ask you pointed questions and suggest to you what you should or should not say. They don't want to do this too soon as either you or the attorney may inadvertently forget to do/not do or say something. Listen very carefully to B&B; they may not come right out and say "You should say this" or "you should not say that", because I don't think they are supposed to "lead" your answers; they should be an honest interpretation from you about you. If you have questions about anything, write them down for the next time you speak with B&B, and then ask them.

    The hearing will consist of you, your attorney and the Judge (plus the court recorder). There is no audience like you see on People's Court. It may be at a hotel conference room, or at a Federal Court House. Depends on the judge and whether he is local to your area or if he is an out of town judge helping with back log.

    USUALLY (but not always) an attorney will know after the hearing if you have been approved or not. Especially if the attorney is well known/respected by the Judge holding the hearing. The attorney will present your claim history to the Judge, the attorney and the judge may both ask you questions. I've always been of the opinion it's best to let people see you and how uncomfortable you are sitting or standing for long periods, the affect medication has on your ability to concentrate and focus, etc. So, don't panic and think your claim lacks merit if the judge schedules a hearing. You should dress appropriately - nothing too fancy is necessary - business casual is okay here in Louisiana, or wear what you would wear to church (well, based on what I've seen in church - no cut off shorts, no jeans with holes, no tank tops or tube shirts, etc... No swaying the judge with your awesome body....! :-)

    Most importantly, good luck. Keep the faith and continue your treament.

    If you have any other questions, please feel free to PM me. If you post here, I will do my level best to get back to you sooner - I promise!

  • In court yesterday there was also a vocational specialist present to determine if there were any sedentary jobs I could do.
    Faith M
  • Did your attorney arrange for the expert, or the hearings office? Could he find any? Because if HE couldn't find any sedentary jobs that you could reasonably be expected to do on an average day without interruption by your physical or mental impairments, then, in my experience most claims are approved.

    Of course, (disclaimer time) each case is different and the intricacies of each case are weighed before a decision can be made.

    good luck Faith. And, I'm sure you have NEVER (ever) heard this before: Keep the Faith, Faith!

    Take care.

  • I believe the hearings office provided the vocational specialist. Judge said I could not do a sedentary job if I have to elevate my feet to waist height many times daily. But also said that if I could put my foot on a foot stool under a desk that I could do 50% of the sedentary jobs. This would definitely not relieve my nerve pain. And I will keep the faith cuz I'm full of... Faith.
  • I think 50% is unacceptable - 100% would be more realistic. But, of course, that is my own opinion. Hopefully, your attorney will think so as well. Besides, it is not the Judge's place to "presume" anything (about using the foot stool, etc.). That would be like saying: "If you have surgery, it will correct your problem". They can't FORCE you to have the surgery, and you and I both know there are no guarantees in life - so there is no guarantee the surgery will correct the problem. So, he probably should not make presumptions on foot stools either... Again - just my humble opinion.

    So, you may want to ask your attorney what that means for you.

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