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dylatess
dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 4693
Experience:  36 plus years of SSD practice
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I won my Social Security Disability 3 years ago but they shut

Customer Question

I won my Social Security Disability 3 years ago but they shut off the tape before the correct final decision was made. I also used up my appeals to the Judge before I received the tape. I now, continue to wait for the transcript, which they admit they ordered and have referred to, for more than 2 years, which actually has more than enough evidence to prove my victory "Prima Facie". After waiting for another hearing for 2 years, (the wait was only supposed to be 5 1/2 months,after more than 3 years they now state they have dismissed my case just last May and I still have yet to receive my copy of that dismissal. In fact 2 different offices of the Social Security Administration looked for this dismissal and over the past 2 months have yet to locate it. Again, even though they shut off the tape right after making the wrong decision and without asking.... "if anybody had anything to add before they turned off the record". They then, after changing my decision to fully favorable for back disability benefits from 1994, more than $215,000, said they were, " going off the record, again" and didn't say anything when they realized that the record was already "Turned Off". Note: This hearing was originally an appeal for a ruling denying Supplemental Security Income, but was Appealed for Social Security Disability because 3 months before the hearing I was diagnosed that my Scheuermann's Disease diagnosed in 1994 was actually Cauda Equina Syndrome which occurred naturally in my body due to a malformation of my spine and disproportion of the "length of my torso" combined with playing starting "outside linebacker" for 8 years on undefeated virtually non-scored teams all through High School and winning teams all through college, at the University of Buffalo, where we ranked in the top 5 defenses in the Division I East against the rush, for the 3 years I started as outside linebacker, we had great teams. Thus the grossly evident "athletic effect", as it is called,dramically accelerated my "birth defected spine".

Again, they are now saying they dismissed my case without any explanation 7 months ago and I still have yet to see a copy of that dismissal or especially, a copy of the transcript of my hearing, which they admit they've possessed for more than 2 1/2 years. One total fraud supported and perjurous remark from one of the Social Security Administration Staff is that, the evidence showing the "correction of my diagnosis of my disability from just Scheurmann's Disease from an Xray in 1994 to Cauda Equina Syndrome through an MRI w/ full contrast created in August, 2010 is that this evidence was introduced in the hearing in September, 2010 to Upgrade an Appeal for a Supplemental Security Income denial in 2006, to a Full Disability Appeal. In fact, I held back the new evidence until close to the hearing and they even misplaced that. I was told, in the instructions that I could hold back the evidence until the hearing and chose to do so for both completeness and impact. In fact, because of this my case was actually dismissed and re-instated 3 times thus memorializing that I was appealing for full disability even more, but I digress, but only for relevance. Finally, my hearing began and continued, in fact, they even tried to dismiss my case again prior to the hearing, without the record on. At that time I said turn on the record and I'll fully explain right now. So they did turn on the record and spoke about my disabilities, even explaining my prior injuries better than I could myself. I even referred, during the recording, that I would be producing new evidence as I was actually tap[ed as saying, I would explain those further intricacies of my new diagnosis as soon as they permitted me to. In fact, they were so engrossed and incredibly positive toward awarding me my benefits that before they asked me to take the floor they announced me fully favorable and then as if to fumble said for SSI and stopped the recorder. I then cried wait, I showed my MRI report, and the films and the doctors observations of my MRI and also showed my negligible Social Security wage history which showed, except for one exception where I was paid a salary of $6,000 per month, for 4 months in 1995, that I had negligible or no earnings whatsoever on my Social Security Earnings History Statement from 1994 through the present and though, I was even concerned about the fact that the Social Security Administrations was missing evidence, in their file, which had showed one of my old reports from my neck surgeon Dr. XXXXX XXXXXght, in 1994 covering my Scheuermann's Disease and if that would be denied as evidence when combined with my new evidence of Cauda Equina Syndrome and they told me that because, these 2 pieces of evidence, even separated by 14 years, combine as entirely new evidence because there wasn't any subsequent injury, they changed decision to fully favorable which they arbitrarily dismiss because they stopped the tape
Submitted: 11 months ago.
Category: Social Security
Expert:  dylatess replied 11 months ago.

Hello and and thank you for your question. For over 35 years, I have answered questions just like yours. And I look forward to assisting you.

 

Doo you have an attorney now? If not, have you ever had an attorney representing you?

Customer: replied 11 months ago.

I tried by calling dozens of attorneys and they wouldn't stay on the phone long enough to hear about my case, except recently, for the first time, last week, an attorney told me that no one will take my case because it's complete with a favorable decision, even though it's contradictory. They said it's a collection issue even though the fully favorable doesn't, in writing, admit to disability. Strange, that was the only call I made explaining that And I got that answer. He made it sound like attorneys don't help with collection, which I'd thought was part and parcel of the whole thing. In fact, when I also said they now, 3 years later, without explanation, denied my award without stating exactly what they were denying and that I also called and no one has any record of who or what denied me or even why or what for. The one office that found a decision said it just said denied, he thinks, though it looks like he could have tried to spell something and either didn't finish or he may have tried to write something else. Other offices don't have any record whatsoever about the case at all. It appears like the Administration's personnel don't want to get involved. It's almost like saying, you know what I mean, when they haven't nor do they wish to tell you anything. The fewer words to describe nothing the better. Kind of like mumbling, on purpose as you slowly turn your head and walk away so that the other person can't ask you to explain before they get out of ear-shout. Nobody wants to touch this, you know, surely you know what I mean, especially if you are a person who doesn't want to tell you what he means, so he can't be blamed for anything by the party that wrote the order. At least people tell animals to shooo!!!! I guess I don't rate even that............

Expert:  dylatess replied 11 months ago.

The attorney is correct as SS attorneys get paid to win the case. And this is now a collection matter. Therefore, it is illegal for an attorney to take a fee from you. and the government does not pay attorneys for any work they do for collection cases.

 

Regardless, you need to contact your Congressman's office and they WILL assign someone who has the direct phone numbers to call and make things happen that you cannot do yourself. that is right so please take my advice as I have given the same advice to many of my clients whom I could not help directly and they were all very pleased with the results. Note, the SSA works for Congress who sets their budget. So please follow through as soon as you can.

 

Please be so kind as to rate my answer ok or better so that I can get paid for assisting you. I wish you well.

Customer: replied 11 months ago.

I will pay you as soon as I am able to find out what you say is correct. Thank you for the info, so far, now it just has to work or otherwise...... it's worthless. In fact, going to my congressman, I know that and have used that twice before, once to have her get the IRS off my neck. Even though I know that I was hoping for something else. If I get it, even if there's more work, I'll pay you. I'll trust you, now you have to trust me. This is not instantanious, though I'd wish it were, if it were instantaneous, I'd pay to ten fold, but I have to try door #3 first. If this upsets you, then right now I'm finding it very difficult to appease you while being fair, especially with myself. I guess if this was just a charge for whatever you tell me, it should have been described as such, from the beginning. Now it's either nothing at all or later. I would think you'd choose later.


 


Thanks again, Jim

Expert:  dylatess replied 11 months ago.

You have made a deposit already to post your question. All I am asking is that you rate my answer ok or better. Otherwise, the deposit is not shared with me. I wish you well.

Customer: replied 11 months ago.

I already did, answer was worse than the problem... and incorrect

Expert:  dylatess replied 11 months ago.
You rated my answer bad. I respectfully request that you change the rating to "ok" or better.

thanks.

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