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Filing Social Security Disability....When To File?

Discussion in 'Non-Vegas Chat' started by RealSolGlow, Apr 30, 2016.

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  1. RealSolGlow

    RealSolGlow Low-Roller

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    So I have a question and hope to get some insight on which path to take and how soon.

    I will not get into too many details but I will give some background.

    6 years ago my dad had a bad seizure which resulted in a serious shoulder injury that limited his use in his right arm. He tried to collect disability and the Gov't of course turned him down. Recently his case was revisited and again....shut down.

    Unfortunately he was involved in a severe car accident where emergency surgery had to happen to save his life. He has 2 broken ankles, a broken right leg, a broken shoulder (humerus bone) and a fractured spine.

    Based on the condition he is in now I know he will not be able to work and there's no way he can possibly be turned down for social security disability this time.

    When should I begin the process to file again? I know I need docs information but is it better to file now without all of the information considering he's not even done with his 2nd surgery and needs at least 4 more to fix him or is it best to file now and add information as we go along risking a delay or wait until he's done with surgery and then file?

    He's retired and gets a pension but has wanted to work over the years but hasn't been able to find anything.

    Thanks for anybody that has been through this and can provide any help or guidance what-so-ever.
     
  2. justdeb

    justdeb Low-Roller

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    I was turned down the first time. but my doctor was amazing, and submitted a 2 page letter on my behalf to SSA and the 2nd time i was approved. Also, someone told me that they
    got their local congresswoman to intervene on their behalf, because they were borderline homeless.

    be careful if you choose to get an attorney for this, because while they will do it on a contingency basis, if your dad gets approved they take a big sum of money.
     
  3. leo21

    leo21 VIP Whale

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    You probably ought to consult an attorney or see if there is a social service agency that can help with the application. It's typical to get turned down so some professional help is worth it. Best wishes to your dad.
     
  4. eaglejohn

    eaglejohn High-Roller

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    The attorney and the client can agree on any fee, as long as it does not exceed $6,000 or 25% of your backpay, whichever is less. That limit on fees is a part of Social Security law, and in most cases, an attorney can't charge more than that.
     
  5. marcianofan

    marcianofan Low-Roller

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    You should get an attorney and start asap, in my opinion. As said above there's a limit on how much the attorney can take tho I don't think it's even close to $6000, I was thinking more like $1200. I think the govt basically turns down everybody on the first application, I know I was and then I got an attorney and she sent it before an administrative law judge and it was approved pretty quickly. You can ask for past medical records to support the claim from when he stopped or was unable to work and the disability payment can be backdated from then, so it could potentially be a big check on the first payment, if approved by the SSA. you really need a lawyer to fight this in my opinion tho....
     
  6. eaglejohn

    eaglejohn High-Roller

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    25% OR up to $6000. What is LEAST. There are many cases that go for years and may return $40,000 or more in retro. That is why capped at $6000, but even that can be more if cicumstances permit and is allowed by SSA
     
  7. PaulBowdry

    PaulBowdry Low-Roller

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    Good luck with your father. Hope he makes a great recovery.
     
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