Social Security Disability Attorney Mistakes

[juliotamu]

To anyone considering an attorney for Social Security disability.

Be careful before hiring a Social Security Disability Attorney. Anyone looking to hire a disability attorney should do some investigating, get a personal reference, or at least meet the attorney in person before signing the fee agreement to avoid the mistake I made. My experience has taught me that you also need to do homework on the Attorney you hire.

In my case I found an attorney, Gary Parvin, in Coffeeville, Mississippi by looking on the internet, called his office and was scheduled for a telephone conference to see if they wanted my case. The telephone conference was made, fee agreement papers were mailed for me to sign which I did. The fee agreement stated I agreed to pay 25% of my back benefits and reasonable expenses including long distance charges, costs for medical records, travel time, etc. all of which sounded reasonable and standard to me.

What I didn't know was that I was hiring an attorney whose policy was not to see the disability client until the day of the ALJ hearing and not talk to the client on the phone until a call was scheduled by his office in the week prior to the ALJ hearing. The office personnel were not very friendly and couldn't answer basic disability questions. My education on disability came on the internet. I was mad enough to consider calling him the week before my hearing and tell him not to appear but didn’t since I signed the agreement.

The day of the hearing I had to go to his web site so I would know what he looked like. I feel that he should have disclosed his policy up front. I was not allowed to talk to the attorney on the phone except for the conference call with him the day prior to the ALJ hearing and on another occasion where I told his staff I had to talk to him or else.

Also prior to the hearing a letter from the Social Security office mentioned a CD of my medical files, so I called the attorney's office to get a copy of it. I found that many of my medical records were not on the CD even though I provided dates of doctor appointments to the attorney. So one week before the hearing I had to personally get the records myself with great difficulty and luck in a city 90 miles from my home. Then I had to fax the records (at least 60 pages) on two occasions to the attorney's office.

I received SSI as a result of the hearing, more I believe due to the many medical records rather than the "hard" work of the attorney.

Then, after the hearing I received a bill from my attorney for "Case expenses" in addition to the 25% he had already been paid. My fee agreement stated word for word: "In addition to the attorney's fee, I agree to pay my attorney for reasonable expenses that he pays in my case. These may include long distance telephone calls, medical records and reports, testing, photocopying, travel expenses, and the like."

The actual bill included charges of $4 for every phone call from the attorney's office or from me to the attorney's office, $16 for a telephone conference with staff to see if they would take my case (prior to my signing the fee agreement), $20 for the conversation with the attorney the day before my hearing, a flat $70 for postage, a 50 cent per page charge for copies (including a generic document on how to testify at hearings), and medical record expenses.  Of course the attorney knew no one would sign a fee agreement that actually stated that you would pay $4 for every call and more if you actually talked to the attorney.

Some of the medical expense charges are for medical records I faxed to his office. Also some of the $4 charges for calling his office were for my calls as to whether they received the faxed medical bills. Also, when I obtained many of the medical bills at one hospital in Memphis, TN I was told that if the medical record department had received a letter from the attorney with my denial letter and told it was a SSI disability case, they would not charge for the medical records, yet the attorney charged me.

Just wondering if anyone else has experienced the same?

Thanks,
juliotamu

[Brendalu]

If you feel the charges are not within reason you can contact SS and they will step in and look at them and then act on your behalf with the attorney.  That was what the SS letter I received said.  My attorney waved all fees over what the 25% was.  Good Luck.

Brenda

[juliotamu]

Brenda,

I probably should have mentioned it but I already appealed it. I did so in Sept, and didn't get a reply, then sent off two more letters and several phone calls. Finally received letter from the ALJ that awarded SSI responded that he upholds the atorney fee agreement. I assumed someone not close to the case that knows the attorney would review it.

Thanks
juliotamu

[Brendalu]

Ask for a rereview.  When you get SSI, it is because you usually don't have another family member kicking in enough support to make ends meet.  I would write my Congressman or call his or her office.  I'm on a first name basis for mine.  That is what they are hired for, to work for you.  Make sure you copy the attorney everytime you send something and also you might want to contact the Bar and see if what he did was standard proceedure.  My attorney assigned a paralegal to my case and she called me back or answer everyone of my calls.  When I asked to speak to the attorney I had no problem.  Keep on trying.  The squeaky wheel gets the oil.
Good Luck,
Brenda

[OMG16]

Thank you for your post I think that it will help future people in not making the same mistakes you did.  How are you to know how it works without testimony from people who have been through it.

Just a little note about our experience you may want to edit and delete the name of the attorney.  I do not know if it would be a problem or not.  Just better safe than sorry.  I wish you well and hope that they find in your favor.  Kisses to your forehead.  16

[Battyp]

What a horrible little man your attorney is! You can also file a claim aginst him with the legal bar in your state.
I thankfully had a differnt experience with my ssd attorney but a horrible one with an attn in Dallas who charged 40 cents a copy and copied everything in triplicate to sit on his shelf. I negotiated the attn fee with mine on copies. I supplied the copies myself as I had already obtained them prior to my consult. Had you not of stepped up you would have had a different outcome to your case. That make me shudder knowing what I've gone through.

How long did it take to get your outcome? I had my hearing a week ago and was told 6 weeks to 6 months. Anyone who doens't know the system needs an attn or someone who can coach them. I cannot say my attn sped the process up but did make sure I had all necessary documents for my hearing. I was even advised to not submit chiropractic paperwork to get an eval from a medical doctor as the ssd did not recognize chiros opinions.

The attn can't sue you for publishing his name unless what you said is not true. Heck, I would make a web page for your area so if anyone googles his name a warning would come up.

[juliotamu]

Hello Battyprincess,

Good luck with your case. In my case, it took 2 months from the date of the ALJ hearing to receive a letter from Social Security that I had won.

I'm leaving his name up so other people won't make the same mistake. Obviously he did some work on the case (and writes a good letter) but I believe he is taking on too much business and has no time to talk with his clients, leaving much up to his staff. If he had met me early in the case I believe my case would have been better since he would have been able to tell me what is necessary from the doctors. In my case, I received letters that medical records were requested but no one ever cross checked the list I gave them monthly about my doctor appointments to see if they had the records. If I had not requested the CD of medical files, I would never have found out that records were absent. Also, with the hearing in early July, the attorney's staff member also stated they had no medical records after April, so I had to obtain them from two hospitals one week before the hearing and fax them to the attorney's office. It wasn't easy since the staff at the medical records office had to get the records much faster than their normal turn around and initially didn't want to get the records that quickly. I don't drive anymore due to the dizzyness and had to get a ride 90 miles to Memphis, TN.

The first time I had a major problem with my Tumor (although I knew I probably had one so I was trying to make it a few more months so I could get a job and insurance) was Nov 2004. My first sign of lessening of hearing was in 2001 so I had warnings. My ALJ hearing was early July 2007, and I was told I won about 2 months later. The other thing I didn't know due to any communication with the attorney was that I would not get back benefits immediately and they would spread them out. Another funny thing, I mentioned the attorney charged $4 for calls from or to his office, they charged me $4 for a staff member calling me two months after I won (I already knew that due to a letter from SS) to congratulate me and tell me they were charging approx. $600 for expenses. Incidentally I never paid the expenses and the attorney wrote me a letter stating he would not represent me again or take people I refer (as if I would).

My tumor about 2.5 cm in diameter was mostly removed march 2005, but the wound never healed up. I was thrown out of hospitals twice due to needing to see plastic surgery to repair the wound and having no insurance (plastic surgery is considered to be above people w no insurance). I had to go to a different hospital and finally got the wound fixed Oct 2006, after having an open wound with bone exposed and numerous infections for a year and a half. Still can't get rid of my dizziness. The thing I most mad about is the difficulty in getting disability (in my phone call the night before the ALJ hearing the attorney said it was a border line case). I had been in the hospital or had seen doctors for 65 days in 2.5 years and still I would have not gotten disability except for my lack of concentration due to dizziness. Also, I've worked for 18 years but because I was going to school too much and didn't meet Social Security rule of working 5 years in the last 10, I had to get SSI and couldn't get regular disability. Now I have a review coming up in December where I assume they will try to discontinue my disability.


Again, good luck.

Edward
Juliotamu

[Battyp]

Edward did you see the story Capt Deb posted in the community section? I watched it last night and found it true and very frustrating! You sound like you're at your wits end. Many of us know that feeling. Right now I'm walking a tightrope between long term disability and ssd. I have my fingers and toes crossed and am holding my breath that it the decision is favorable I learn of it fast and if it's unfavorable then I don't find out until the 6 mos or more. I'm sure it will be the exact opposite of what I want  LOL I'm trying to finish up a masters degree in accounting in order to get back to work. One can not live on disaiblity alone.

[linny]

   WOW, unbelievable I thought  I was the only one. I have been waiting almost a year and a half  For SSD. I havent seen a judge yet. and I too never talk to the attorney I live in oregon they are in california.  I called them after I got out of the hospital and my mind wasnt quite right yet.  Im also waiting to see if I can get disability retirement. Thats another long process in the mean time my house is ready for forcloser and I owe a ton of bills. So much for credit.  I think these attorneys hold off knowing they will get 25% .  Its appalling to me that it takes sooooo long. I have worked my whole life and paid into it now they make me lose everything before they give me alittle back. UNBELIEVABLE !!!!!!!!!!!!!!