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Social Security Disability Attorney Mistakes

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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

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