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Author SSDI (was: OT - "lie" vs "error"
William M. Klein

2005-04-27, 3:55 am

"Rick Smith" <ricksmith@mfi.net> wrote in message
news:116gvpi36jp325f@corp.supernews.com...
<snip>
>
> It means I will run out of money three years shy of receiving
> old-age benefits. It also means that I do not have the money
> necessary to get treatment for my medical problems, one of
> which, if left untreated, can result in more serious health
> problems or death.
>
> Interestingly, the process of applying for disability was so
> stressful, to me, that I missed a filing deadline for reasons
> that Social Security might have considered evidence of
> disability, had they known about it. It's a catch-22!
>
> I have a bit more than two years to pursue other avenues.
>


Rick,
As someone who also missed some deadlines and who did (eventually) get SADIE,
feel free to email me off-list.

Did you use a Disability "specialist" lawyer or firm? They usually charge
NOTHING if they fail to get you benefits and only charge a (relatively)
reasonable percentage of your first years benefits if they succeed.

I do NOT believe that one should be forced to use such firms, but (just like
preparing taxes) I do recommend their use given the CURRENT complexity of the
rules.

--
Bill Klein
wmklein <at> ix.netcom.com


Rick Smith

2005-04-27, 3:55 am


"William M. Klein" <wmklein@nospam.netcom.com> wrote in message
news:xc2ae.5117401$Zm5.794372@news.easynews.com...
> "Rick Smith" <ricksmith@mfi.net> wrote in message
> news:116gvpi36jp325f@corp.supernews.com...
> <snip>
serious[color=darkred]
>
> Rick,
> As someone who also missed some deadlines and who did (eventually) get

SADIE,
> feel free to email me off-list.
>
> Did you use a Disability "specialist" lawyer or firm? They usually charge
> NOTHING if they fail to get you benefits and only charge a (relatively)
> reasonable percentage of your first years benefits if they succeed.


I did contact a specialist firm. I was asked a lot of
questions that appeared unrelated to my situation.
I was told that I was "in a downward spiral" and that
no one could help. The "Blue Book" had two categories
that I felt applied and I described, truthfully, how my
situation fit those categories.

One reason for the stress I experienced during the
application process is that I blamed the state for causing
the disability; but, under Social Security law, it is the state
who determines disability. Thus, it was improper for the
state to have been involved in the determination and there
was no way around that without the involvement of a
lawyer specializing in constitutional law, essentially it is,
as I now understand it, fifth amendment denial of due
process.

A local lawyer told me, a couple years before I applied
for Social Security disability, that I would need to use a
"large" (non-local) law firm to press my claims against the
state and the United States.

> I do NOT believe that one should be forced to use such firms, but (just

like
> preparing taxes) I do recommend their use given the CURRENT complexity of

the
> rules.


For three years now, I have been filing my tax returns
with a form 8275, Regulation Disclosure Statement, for
positions contrary to Treasury regulations. I doubt that
any firm would attach their name to the position I have
taken.



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