Posted by Kelly Fritz
As we sat there feeling very humbled because of looking into filing bankruptcy, across the desk sat our attorney. I will never forget that feeling of being a financial failure, our attorney Miller, would barely even make any eye contact. I also added that I needed to have an attorney file my SSDI paperwork for me, sure was the response after I was questioned at length regarding my disability. I also discussed my desire to appeal the denial of LTD benefits. And I wanted to fill out paperwork relating to disability discharge for my student loans.
Here is the advise I got from this attorney.....
LTD... Go ahead if you want, but they are not going to pay you any money! That insurance company does not like to pay out, especially if your husband brings home a income.
Disability Discharge... It will never happen, your husband makes to much money. Not even worth the time it takes to fill out the paperwork, I know I have worked to many years to know that it will never happen.
As we proceeded with the bankruptcy, I got cold feet, I didn't want to file this! I was also afraid of being "tied" to the state of Kentucky for the next several years, as my surgeon suggested that I move to a warmer climate. That would help with the chronic pain. Our finances were bad, barely keeping out head above water, with the loss of my income. Luckily I had a short term policy and a long term disability policy. When the insurance company switched me over to the long term, the case manager had some notes from my doctor that were dictated very wrong. I was never terminated! I wanted to appeal. However, this egotistical attorney advised me that even with the proof, I couldn't win an appeal.
I am so glad I did NOT take this attorney's advice. Because I did win my appeal, and received a monthly check for a little over 2K to replace 60% of my earned income.
Also, I proceeded with my application for the disablitiydischarge.com.... Again I was given grossly wrong advice. Yes, my husband does have money coming in every month.... but it is not EARNED income. It is my husbands hard earned monthly pension that he paid into every month for 33 years. It is not considered "earn income" for that year. So that saved me $1,000 a month for my student loan. I was under a "probation period" and am still disabled, so my student loan is forgiven.
And I was supposed to trust this person?? No way, as it seemed I knew more about the rules and regulations than this attorney. We recieved a american express card in the mail during this time..... we did not use it, but we did make the decision to move to southern Florida to aid in my pain.
We went in to talk to this attorney, we were told that "you can't file bankruptcy, and them move to Florida, that will not go over good with the judge." "I would like to up and move to sunny Florida myself, but I can't" After hearing this, I told this attorney that we decided not to file at this time, we wanted to try and get things under control. That we would no longer be needing any legal representation. After all, I was doing a better job!
The suspicious thing is that even after talking with American express regarding our up coming move, they reassured us that everything was taken care of. Great, except someone informed American Express that we had been contemplating bankruptcy in the last month of January.
I have tried to find out exactly who called them, but the card company refuses to say. I bet it was some sort of unethical action on the part of Miller Attorney's