Meeting with Disability Lawyer

I spoke to an attorney today about filing for disability. After I gave her all of my information she told me that if you are under 50 disability claims usually get denied. She was really nice and she seemed to understand that I have a pattern of not being able to hold down a job due to mental and emotional issues. Even though she told me claims usually get denied, she scheduled me to come in next week and start the process. She said that it could take two years. If she really thought that the claim would be denied would she take the case? She doesn't make any money unless my application goes through.
She was also concerned that I have been seeing my therapist for under a year. However, I would say that my inability to maintain therapy in the past was definitely linked with BPD.
Any thoughts about the attorney agreeing to take my case?

Mooshoo...I found this off of the Social Security site in regards to the criteria for Personality Disorders and SSI...Are you in the states??

12.08 Personality disorders: A personality disorder exists when personality traits are inflexible and maladaptive and cause either significant impairment in social or occupational functioning or subjective distress. Characteristic features are typical of the individual's long-term functioning and are not limited to discrete episodes of illness.

The required level of severity for these disorders is met when the requirements in both A and B are satisfied.

A. Deeply ingrained, maladaptive patterns of behavior associated with one of the following:

1. Seclusiveness or autistic thinking; or

2. Pathologically inappropriate suspiciousness or hostility; or

3. Oddities of thought, perception, speech and behavior; or

4. Persistent disturbances of mood or affect; or

5. Pathological dependence, passivity, or aggressivity; or

6. Intense and unstable interpersonal relationships and impulsive and damaging behavior;

AND

B. Resulting in at least two of the following:

1. Marked restriction of activities of daily living; or

2. Marked difficulties in maintaining social functioning; or

3. Marked difficulties in maintaining concentration, persistence, or pace; or

4. Repeated episodes of decompensation, each of extended duration.

Did she go over this with you? I would HOPE that if this is the federal way of SSI that you should easily qualify.

mooshoo wrote:I spoke to an attorney today about filing for disability. After I gave her all of my information she told me that if you are under 50 disability claims usually get denied.

True. Keep in mind, she also has to prepare you for the worst. She can't guarantee you that you'll be approved at the first level, and there is no guarantee you'll be approved at all. Alot depends on severity, and if you fit the criteria established by Social Security. the longer the paper trail (history) the better.

She said that it could take two years. If she really thought that the claim would be denied would she take the case?

True and Yes. It wouldn't surprise me if these days it could take a little longer than 2 years. As to the question, you wrote that she scheduled you to come in next week to start the process. It sound like that's your answer.

She doesn't make any money unless my application goes through.

Not sure what you're saying here. You may be confused on terminology. An application is ALWAYS going to go thru/accepted. Whether or not your approved for SSDI is another story. So the process is File Application --> Approved or Denied at local level --> if denied appeal to state level if denied --> appeal to federal level. She will be paid anywhere during the process should she win. So your application will be accepted automatically. That's the start of the process.

She was also concerned that I have been seeing my therapist for under a year. However, I would say that my inability to maintain therapy in the past was definitely linked with BPD.
Any thoughts about the attorney agreeing to take my case?

Again, in regards to your question, you've answered it yourself. History of mental illness is VERY relevent. Your inability to maintain therapy doesn't look the best and being linked to bpd is not an excuse.

I will warn you... If you are approved for SSDI you had better maintain your therapy. You WILL be reviewed. As I've said before, if you're nowhere near retirement you can be blind, deaf, no arms, no legs and you're going to be reviewed. If you fail to maintain therapy, apparently you're able to work, or could be seen as non compliant. The other thing is you want to create a paper trail. If you quit therapy no paper trail. This idea you were unable to maintain therapy because of bpd will get you nowhere.

-- Tue Nov 22, 2011 5:54 pm --

wineaux wrote:Mooshoo...I found this off of the Social Security site in regards to the criteria for Personality Disorders and SSI...Are you in the states??

12.08 Personality disorders: A personality disorder exists when personality traits are inflexible and maladaptive and cause either significant impairment in social or occupational functioning or subjective distress. Characteristic features are typical of the individual's long-term functioning and are not limited to discrete episodes of illness.

The required level of severity for these disorders is met when the requirements in both A and B are satisfied.

A. Deeply ingrained, maladaptive patterns of behavior associated with one of the following:

1. Seclusiveness or autistic thinking; or

2. Pathologically inappropriate suspiciousness or hostility; or

3. Oddities of thought, perception, speech and behavior; or

4. Persistent disturbances of mood or affect; or

5. Pathological dependence, passivity, or aggressivity; or

6. Intense and unstable interpersonal relationships and impulsive and damaging behavior;

AND

B. Resulting in at least two of the following:

1. Marked restriction of activities of daily living; or

2. Marked difficulties in maintaining social functioning; or

3. Marked difficulties in maintaining concentration, persistence, or pace; or

4. Repeated episodes of decompensation, each of extended duration.

Did she go over this with you? I would HOPE that if this is the federal way of SSI that you should easily qualify.

This is true. This will be taken care of by the information provided by your Dr. to your lawyer. That information will determine if you have a case, and this is the criteria set forth by Social Security that you MUST meet.

Wineaux & Cbox - Thank you for your posts - they answered many of my questions regarding Disability.


Mooshoo - I'm glad you posted your concerns & hope this process pans out in your favor.

Nice post! Thanks for sharing this valuable info regarding disability! I got answer of many of my questions regarding disability. I think in the case of disability we have to concern a experienced lawyer.