OldandTired
Member
What is the name of your state (only U.S. law)? Tx.
I began seeking SSDI in August of 2007, after having 4 heart attacks and a spinal injury at work in Sept. and Nov of 2006. I was of course initially rejected because of my age, 43 at the time. The SSA doesn't believe that I can have these kinds of problems because of my age. Anyway, I retained the services of Counsel in the area where I was living prior to moving and signed the regular Contingent Fee contract at 25%. I retained this Counselor in March 2008.
After being without the life-saving meds that I am supposed to be taking for over 7 months now, I decided to contact the Senator from California, to request assistance in expediting my claim. The Senator's office promptly replied, and included 12 pages of the SSA law referring to a claimants requirements before falling under that portion of the law where they would consider expedition. It is as follows, in brief;
I-2-1-40 Critical Cases
B. Critical Situation
Section 2:
The Claimant is without, and is unable to obtain, food, medicine or shelter [DIRE NEED];
1. A dire need situation exists when a person has insufficient income or resources to meet an immediate threat to health or safety, such as the lack of food, clothing, shelter or medical care.
2. The claimant must allege specific, immediate circumstances (1) lack of food (i.e., without and unable to obtain food), (2) lack of medicine or medical care, (e.g., the claimant expresses that he/she needs medicine/medical care but is without and unable to obtain it; the claimant does not have any health insurance, or indicates that access to necessary medical care is restricted because of lack of resources), and/or (3) lack of shelter, etc.
My Counsel has had this information about expediting claims, and withheld this information from me. In one email to him, I stated: "Now I realize that the part of the check you receive wouldn't be as much if this action in contacting the Senator had been done months ago, and if you had been the one to initiate this action instead of me, but you're not the one dying. There is no way you can understand my anger right now Ron. For as long as I had been receiving treatment for me heart, I have never had anyone take a laxadaisical approach as you appear to have taken. I say this in giving the benefit of the doubt, because I don't know what your caseload is, or really anything else about you. What I do know about you is that you are aware of my medical conditions and my reasons for requesting SSDI. You are also the only one, that as an attorney, is supposed to be looking out for the best interest of your clients.
I was never supposed to be one single day without heart meds. I am dying more and more each day, and my arteries are clogging up with plaque build-up and irreparable harm is being done every day I don't have meds. There is no way you can appreciate the fear that I have about dying anytime soon. Unless you have some health impairing ailment that could cause your death that no one knows about, you simply can't.
In my opinion only, at any time you take on a case that has the characteristics such as mine, where a person needs life-saving medication, it should be you either immediately encouraging the claimant to contact their Senator for assistance, or someone in your staff sending out a letter to that Senator on your letterhead expressing the need for an accelerated claim. By not taking any action at all in either scenario, you display to the claimant that they really are nothing more than a sizable paycheck after their case has been adjudicated, and after the case has laid dormant for some time, allowing the check amount to build up.
My sister told me of the conversation she had with you, and about the panel of Judges that makes the decisions. Would that same panel of Judges had taken action sooner if they knew of the characteristics of my claim? You can't answer that and neither can I. One can only assume. I would like to think, that because of the contents of the SSA law, referring to: I-2-1-40 Critical Cases, and with you being an SSA attorney and knowing this information, you would have either suggested that I take some action long before now, or that you would have done it yourself. Especially since you know my medical history."
I have shared 53 emails with his secretary over the course of the past 8 months, and even directed the context quoted above to him at his email address. Not one time, after all that I have sent, has he ever replied to, or initiated an email to me.
I would like to know if first, that I might have a cause of action for failure on his part to provide this information, or even seek expedition of my claim based on my needs for life-saving meds, second, that if I pass away prior to any action being taken by the SSA, would my family have a cause of action against this counselor, and third, am I completely obligated to pay him the 25% of the first check, if I have completed this claim process without any intervention on his part.
I anxiously await replies. Thank you.
Jimmy
Incidentally, I have read where someone got upset about another person posting more than one question in their beginning thread, and creating what is believed to be 2 and 3 actual threads in one posting. Personally, I can't make reason of taking up server space, if the questions are all related, and all asked by the same person. If you prefer it that way, I can certainly make it that way. It's your server.
I began seeking SSDI in August of 2007, after having 4 heart attacks and a spinal injury at work in Sept. and Nov of 2006. I was of course initially rejected because of my age, 43 at the time. The SSA doesn't believe that I can have these kinds of problems because of my age. Anyway, I retained the services of Counsel in the area where I was living prior to moving and signed the regular Contingent Fee contract at 25%. I retained this Counselor in March 2008.
After being without the life-saving meds that I am supposed to be taking for over 7 months now, I decided to contact the Senator from California, to request assistance in expediting my claim. The Senator's office promptly replied, and included 12 pages of the SSA law referring to a claimants requirements before falling under that portion of the law where they would consider expedition. It is as follows, in brief;
I-2-1-40 Critical Cases
B. Critical Situation
Section 2:
The Claimant is without, and is unable to obtain, food, medicine or shelter [DIRE NEED];
1. A dire need situation exists when a person has insufficient income or resources to meet an immediate threat to health or safety, such as the lack of food, clothing, shelter or medical care.
2. The claimant must allege specific, immediate circumstances (1) lack of food (i.e., without and unable to obtain food), (2) lack of medicine or medical care, (e.g., the claimant expresses that he/she needs medicine/medical care but is without and unable to obtain it; the claimant does not have any health insurance, or indicates that access to necessary medical care is restricted because of lack of resources), and/or (3) lack of shelter, etc.
My Counsel has had this information about expediting claims, and withheld this information from me. In one email to him, I stated: "Now I realize that the part of the check you receive wouldn't be as much if this action in contacting the Senator had been done months ago, and if you had been the one to initiate this action instead of me, but you're not the one dying. There is no way you can understand my anger right now Ron. For as long as I had been receiving treatment for me heart, I have never had anyone take a laxadaisical approach as you appear to have taken. I say this in giving the benefit of the doubt, because I don't know what your caseload is, or really anything else about you. What I do know about you is that you are aware of my medical conditions and my reasons for requesting SSDI. You are also the only one, that as an attorney, is supposed to be looking out for the best interest of your clients.
I was never supposed to be one single day without heart meds. I am dying more and more each day, and my arteries are clogging up with plaque build-up and irreparable harm is being done every day I don't have meds. There is no way you can appreciate the fear that I have about dying anytime soon. Unless you have some health impairing ailment that could cause your death that no one knows about, you simply can't.
In my opinion only, at any time you take on a case that has the characteristics such as mine, where a person needs life-saving medication, it should be you either immediately encouraging the claimant to contact their Senator for assistance, or someone in your staff sending out a letter to that Senator on your letterhead expressing the need for an accelerated claim. By not taking any action at all in either scenario, you display to the claimant that they really are nothing more than a sizable paycheck after their case has been adjudicated, and after the case has laid dormant for some time, allowing the check amount to build up.
My sister told me of the conversation she had with you, and about the panel of Judges that makes the decisions. Would that same panel of Judges had taken action sooner if they knew of the characteristics of my claim? You can't answer that and neither can I. One can only assume. I would like to think, that because of the contents of the SSA law, referring to: I-2-1-40 Critical Cases, and with you being an SSA attorney and knowing this information, you would have either suggested that I take some action long before now, or that you would have done it yourself. Especially since you know my medical history."
I have shared 53 emails with his secretary over the course of the past 8 months, and even directed the context quoted above to him at his email address. Not one time, after all that I have sent, has he ever replied to, or initiated an email to me.
I would like to know if first, that I might have a cause of action for failure on his part to provide this information, or even seek expedition of my claim based on my needs for life-saving meds, second, that if I pass away prior to any action being taken by the SSA, would my family have a cause of action against this counselor, and third, am I completely obligated to pay him the 25% of the first check, if I have completed this claim process without any intervention on his part.
I anxiously await replies. Thank you.
Jimmy
Incidentally, I have read where someone got upset about another person posting more than one question in their beginning thread, and creating what is believed to be 2 and 3 actual threads in one posting. Personally, I can't make reason of taking up server space, if the questions are all related, and all asked by the same person. If you prefer it that way, I can certainly make it that way. It's your server.
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