Took the leap, now who to use?

[sailawaygrl]

I hope this is ok to ask, but was wondering if anyone has used Binder and Binder and had success with them. Also were you happy with their services. I don't know what is best to do, use someone local (ar at least in my state) or Binder and Binder. I want to make sure I have the best chance possible. Honestly, I am scared to death right now, I hope I have made the right decision. Praying that I, and my family will make it throught these months and possible years to come. I have a raging headache right now, going to lay down and try to relax.

Would appreciate any advice anyone has to offer.

Sandra

[Preacher-Girl]

Hi Sandra,

It will be OK. I promise. I don't know anything about Binder and Binder but I did use a busy local practice that advertised on TV. I was fine with them. It was reassuring that it wasn't just one person carrying a large caseload. I felt there were checks and balances and lots of extra people working...paralegals etc. See how you feel during the consult. If you feel uncomfortable, in any way, feel free to leave and consult a different practice. It's important that you are comfortable and confident in their abilities. One thing I remember, the lawyer I consulted with was pretty confident I would get approved. I felt that was a good sign.

Hope this helps a little!

Angela

[amaranthe]

I used a local attorney too. But, I have heard good things about Binder and Binder, and have read on here where other ICers have used them and have been successful.

One thing to remember, no matter who you decide to use, no attorney is going to take you on as a client and agree to take your case unless they think you will win. (At least not if they are one of those attorneys who dont get paid unless you win, and then they get a percentage of your backpay...usually 25% or a maximum of approx $5200.) That's a pretty strong incentive for an atty. But, regardless, no one likes working for free, so they aren't going to waste their time (or the time of the employees they are paying), if they dont think you have a decent case.

As far as Binder and Binder goes, you might try doing and advanced search on here for them. Hopefully, that will turn up the thread of patients who have used them and then you can PM them and get some feedback, (if none of them see this thread.)

Dont be alarmed if an attorney doesnt agree to take you initially. Most of them in my area told me they dont take on clients until they have already been turned down by Disability and then turned down after they apply for reconsideration. Since the next step is going before the Administrative Law Judge, that is when they said they accept disability clients. Makes sense. (Besides, who knows, you might be one of the lucky ones to get appoved right away and it would be a shame to pay an attty all that money for doing nothing!) So, I would recommend giviing it a go on your own first, then if you are turned down, hire an atty. And once you find one you like and they accept your case (and dont get paid unless you win), then you will know you have a good case or they wouldnt want your case. :)

Try not to worry about it all.. Just remember that almost everyone is turned down until they get to the judge. So, dont be discouraged if this happens to you. Just remember, that the longer it takes, the bigger the check for your back pay is going to be! :)

Best of luck to you!

Hugs,
Amaranthe

[Preacher-Girl]

Amaranthe is right. The longer it takes - the bigger the "bonus". It's a good thing to keep in mind while you are waiting.

[maryla]

Hi,

I used someone local, but if I had to do it all over again I'd probably use, Binder and Binder, I've heard some great thinga about them from some of the girls here.

And yes, sometimes it can be a long haul, but if we cannot work, what do we do?

Hugs and Blessings,

[sailawaygrl]

I made the call to Binder and Binder, the girl I spoke with said it sounded as if I had a case. (I have made myself a binder for Binder-haha gotta keep laughing!!) I am planning to document every conversation I have with them. The process is that I should recieve a call from them sometime this week, after they review the information I provided to let me know if they will take the case... I feel confident they will.

I have already had many moments of questioning my decision of leaving work, but in the end I know I had no choice. Funny how your mind works though, sometimes I try to ignore all this in hopes that it will "not be there" never works of course but I just keep trying every couple of weeks. I was diagnosed well over a year ago, I wonder when and if I will ever accept this is my life now? Now I seem to be having lots of Fibro symptoms, my Dr has diagnosed me with that as well. If it isn't one thing it is another....

Sandra

[maryla]

Great New Sandra! Never give up!

Hugs and blessings,

[sailawaygrl]

Thank you Mary and everyone else that responded to my post. I am sure I will need reminding of the never give up some during this process. I am scared and more than a little nervous. Maybe I will be one of the lucky one's and get approval on my first try. One can always hope!!

Sandra

[amber sevy]

NEVER GIVE UP!!!! I know it is worth the fight. Know you are doing the right thing. I hired a local guy but if I had to do it again I would have gone with Binder or one bigger like that.
Your in my prayers

[Preacher-Girl]

You're doing great Sandra! Just keep going!:woohoo:

[Freckles]

Hi...
Just a quick response to your Binder and Binder question. I was considering using them, had all the paperwork all I had to do was sign and then I had a very rude phone call from someone there. Basically there is no interaction, they don't know you and you don't know them. I wouldn't use them.

Today I have a success story. I was approved today. I applied on my own three months ago and was approved today. Try applying by yourself. Use the IC resources. I'm so happy that I didn't hire Binder and Binder. They would have gotten 25% or more of my back payment. Try it on your own. If you need tips, just email me.
Karen

[Mrs. Peel]

I thought the percentage a lawyer/firm got was regulated by law.

[maryla]

From what my attorney told me is that the most they can take is $5300.00 plus whatever expenses they incur on your behalf. Which mine ended up being the $5300 plus $295 for paperwork or something.

hugs and blessings,

[amaranthe]

From what my attorney told me is that the most they can take is $5300.00 plus whatever expenses they incur on your behalf. Which mine ended up being the $5300 plus $295 for paperwork or something.

hugs and blessings,
If I am remembering correctly, my atty also charged the max of $5300 (of course), plus expenses for phone calls and paperwork or whatever. I think my expenses were around $400-$500. (You dont write them a check at anytime....it just gets automatically deducted from your backpay by SSD and sent to the atty.

Something else to remember too....depending on your total household income and your individual situation, you may very well end up having to pay a large chunk in taxes on the backpay. So, once you are finally approved and get that big check, please consult with your accountant or tax service immediately and plan to set that amount aside before you go and spend any of it. That way, at least when tax time rolls around again, you won't be caught offguard or unprepared. My husband and I were not aware of this, so it was quite a shocker to us. (Thank God we had only spent about $2000 of it paying of some bills and saved the rest!)

To be honest, I am very conflicted on whether or not to advise someone to use an atty. I mean, I really do think that we could have done it ourselves (with alot of reading up on the subject here and elsewhere.) Also, I didnt know it at the time, but the ICN Shoppe sells a Disability Kit that walks you thru the whole process and is tailored for IC patients. EVERY SINGLE IC patient I have spoken with who purchased it and used it won their case! To me, that speaks volumes. I am not sure of the price of it, but a quick visit to the Shoppe should yield the answer. My attorney really didnt do much at all. BUT, I mainly used one because I know myself and knew that if I didn't use one and then ended up losing in front of the judge, that I would always wonder for the rest of my life if I would have won if I had used one, and blame myself for not using one. (Though, admittedly, after I won, it was tough seeing that $5300 plus the $400-$500 for expenses go to them!) So, I guess in the end, who knows if I would have won or not without them, and since I did win, I really shouldnt grumble about a few thousand, when I have already got that back many times over, since I have now been on SSD for several years (plus the judge backdated my case to the maximum time limit.)

Oh! One more thing! In regards to how far back the judge decides you were disabled (if you have been off work for several years), since there is a waiting period before you are eligiable for Medicare after you are approved, if the judge backdates your case far enough, you may be immediately eligable for Medicare because you would have already "served" your waiting period time. So that was one great perk that I had not considered!

Hope all goes well for you and you get approved very soon. I know it is a gut-wrenching, nerve-wracking process, but just remember that in the end, it will all be worth it. (Besides, you can't work anyway, so you really have no other choice.)

Wishing you the best of luck,
Amaranthe

[maryla]

Amarathe,

I hope I spelled your ID correctly. That's a great point regarding taxes. Our CPA told us before I won my case as well, and basically you get penalized for being married. In my state the tax presentage is 15%. However, we had so many medical deductions that it WAY offset any money that we had to pay. So don't forget to save all medical receipts as well as gas to and from all dr appts. and any related medical expenses.

Hang in there, you can do it!

Hugs and blessings,

[Freckles]

From what I remember it was 25 of your back pay, but I do remember reading the contract and seeing that there was a stipulation about the amount of time spent on your case and how it was legal to charge additional money in that event. I honestly don't remember how much it was but I think it was about 7,000. Again, I don't remember, but I do remember thinking that's an awful lot. Make sure you read the contract fully before you sign anything. And again my advice to anyone would be to file on your own first!!!!.

[kate118]

I really don't think they did much on my case at all.

The judge never even talked to the attorney just me.

They also advised me to see a physcologist for depression to aid my case. Turns out this would have really hurt me against my private insurance carrier as they are only obligated for 2 years of payments for mental cases. Good thing I didn't see the shrink...I couldn't have afforded it anyway.

The only decent thing they did was get a letter from my pain management doctor declaring me disabled and they screwed that up. I ended up have to frantically retype the letter and get someone to drive me to the doctors office for her signature at the very last minute before court.

I did win my case for SSDI, as I say the judge didn't even address the attorney.

Binder & Binder took 5K for their services.

That is just my experience, I am sure they have many different lawyers and clerks on staff whose competence varies.

In hindsight I would have save the 5K and represented myself. I guess it just depends on how strong your case is.

Good Luck! & Don't Give Up

[bamagirl]

Sandra,

I was advised to get an attorney before filing because then they know you are serious. I got mine the first time I applied. Now that IC has been added to the Social Securities list of disabilities it is not as hard to get. I wrote a letter telling SS what all I had been through and I put together a binder just like you are doing. I gave them everything they could possibly want. You will be asked to take a psycological exam because they have everyone who applies to take it. It is really easy. It's about 500 questions. You can go to www.ssa.gov and there is a sample of what will be asked on there. At least that is what I have been told. You will need to let them know how IC affects your whole body and not just your bladder (fatigue from getting up several times at night to urinate, walking -if that affects you IC, depression-if you have any). I also had my doctor write a letter to my employer explaining that I could no longer work due to my medical condition. You will need any and every doctor you saw to vouch for you. I don't think you will have to go all the way to a hearing. You just need to prove your case to them yourself and if you do so your attorney will not have to do much of anything. Because I got it on my first attempt my attorney didn't get anything. All he had done was sent a letter to SS letting them know that he would be representing me. If you should have any questions please feel free to ask. OH, one last major thing. What helped me the most was a package that I purchased from the ICN shop. It tells you everything you need to know and do to get your SS disability. They also include a letter on your behalf explaining how IC can become a disability. Good luck!!!!

Kristi

[sailawaygrl]

Hello Kristi,

I just wrote you a pm but I hit a wrong key and it disappeared, I don't have the energy to write it again right now but I will do so later. I have a few questions for you. Thank you all for responding to my post.

Sandra