I am disabled mentally, I have been fighting for my disability, with no attorney

Asked almost 2 years ago - Dolores, CO

I have severe ptsd, and I have done everything to seek treatment, I filed for disability in june, I have been homeless three times and recently kicked out of treatment because i did not have any money, and am on the waiting list for medicaid. I couldn't afford or refill my prescriptions and got in trouble with the law. I do believe I have to go to jail. What will happen to my case, and if i do get my disability what will happen to it if i am incarcerated. I should have had it by now, cause i am truely disabled, but a form didn't get to me although i had left several messages for my case worker. is there anything i can do to speed up the process. Can i hire a lawyer now that i am almost done, and what will happen if i am incarcerated for sixty day. Also in jail they refuse me my medic

Attorney answers (3)

  1. Scott M. Daniels

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . As my colleagues have eluded to, I would seek counsel as soon as possible. If you are found disabled by the Social Security Administration, you will not be entitled to benefits during the time you are incarcerated. I strongly suggest you supply your hearing office - if your case is at the hearing level - with a "dire needs" letter outlining your financial hardships and why your claim should be expedited (heard by a Judge much quicker).

    You can hire an attorney at any point in the process.

    Any information obtained from this answer should not be treated as legal advice and in no way creates the... more
  2. Clifford Michael Farrell

    Contributor Level 19

    1

    Lawyer agrees

    Answered . You may want to talk to an attorney in your area so you can review the specific facts with counsel. You may contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. Most attorneys who do any amount of Social Security work are members of NOSSCR and provide a free initial consultation. In any event, no attorney may charge a fee for work on a social security claim until it has been approved by Social Security. The fee limit is a maximum of 25% of past due or back due benefits you are owed, and many lawyers charge less than the full 25%, and the money is not paid until your claim has been approved.

    The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.

    In addition, you can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification.

    Their link is: http://www.nblsc.us/

    You may also contact NADR (National Association of Disability Representatives) www.nadr.org – automated Telephone Referral System at 1-800-747-6131

    I hope this information helps. Good luck to you!
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  3. Robert C. Alston

    Contributor Level 14

    Answered . You should seek the advice of an attorney who specializes in social security disability cases.

    Actual legal advice can only be provided by an attorney licensed in your jurisdiction, with experience in the area... more

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