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dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 3441
Experience:  37 plus years of SSD practice
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I am looking advocate, attorney or other qualified person)

Customer Question

I am looking for an advocate, attorney or other qualified person) to help with SSA benefit payments, (not SSDI). I am asking for payment for past payments due to the SSA employee not giving me complete information at the time I applied for benefits, which is termed misinformation according to POMS GN002.008, SECTION B, INTRODUCTION, AND SECTION C, DEFINITION. I live in Oakland County, Michigan. I can find all types of attorneys who deal with SSDI, but no one is interested in my type of case. I have applied for a hearing before an ALJ, and am thinking I may need more help.
Submitted: 2 years ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 2 years ago.
Have you offered to provide a retainer to the attorneys you have sought help from? Also, have you found definitive federal case law that interprets your facts (or very similar) as a type of situation that the POMS section you found intends to pay retro benefits for? Often if you can show the lawyer that you have a viable case, since he can't get paid for any work unless it is winnable and does in fact win, this proactiveness, particularly for a situation that the SSA often does not in reality recognize, can help you convince an attorney to contribute his time to. Lastly, do you have concrete proof, beyond your own testimony, that you were misinformed?
Customer: replied 2 years ago.
I don't have the know-how to look up case law. Where would I start? I do not have any proof beyond my own testimony. If I had this information in writing, they would have discovered this in my 1st first request for reconsideration and would have agreed with my petition. There are 2,700 rules for SSA. How is anyone supposed to know all this. Even the SSA employees would not know all these. I don't mean to sound antagonistic, I am just very frustrated. Buy my calculations they owe me about $45,000.00.
Expert:  Stephanie O Joy, Esq replied 2 years ago.
I believe there are actually more than 2700. By a long short, and yes, it is complicated. It is an endless endeavor of studying to keep apprised, since the rules do change on a dime, as well.
Expert:  Stephanie O Joy, Esq replied 2 years ago.
I understand your frustration. So, you seem to be saying you want to hire someone to evaluate your situation, see what evidence "may" be there - beyond your testimony, and take it from there.
Expert:  Stephanie O Joy, Esq replied 2 years ago.
The reason I asked about if you'd looked for an attorney and discussed retainer, is that most attorneys can not work for free, and during this investigation to see IF you have a case to fight, you'll have to pay him/her for her time - the time prior to any representation. Then, if the lawyer agrees to represent, based on what was discovered (proofs and then legal back up), usually THAT would be without a retainer, and be paid for as directed by the SSA via withholding a % of what is owed you.