My lawyer wanted to take the claim back to 2009 and the doctors didn't sign off on my case till 2011. My lawyer won't give her ground so they turned me down due to dates not matching up. What do I do? I need help,please help. My case has to with back surgery that didn't work. I live in pain and can't provide for my family. I have an open and shut case they say,cause three doctors and a specialist from vocational training from the state agreed to the facts. My case went through all stages all could. I know I have a case with the right lawyer.The final decision did mention facts of my fluctuating weight problem. But filed due to back surgery that did not help.
You can always consult with another lawyer. However, you should discuss the reasons your lawyer is using the 2009 dat. It may be that you are passed your "date last insured" if the later date is used. If that is the case, you would be denied on that basis. Also, you might be giving up substantial back benefits, which would be your choice. You need to understand why your lawyer is advising you the way he or she is.
I would recommend that you review your case with an experienced Social Security disability attorney. Each case turn on its own facts. It seems like you may not fully understand the strengths and weaknesses of your claim and why it was denied. Again, I think you should review your case with an experienced Social Security disability attorney. I hope this helps!
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
I have this conversation with many clients because the case may not be as open and shut as you think, you may have come up against a difficult judge, or there may be some other holes in your case. Talk to your attorney about your questions. If you want to try again with another attorney that is up to you.
The information provided here is meant to be general in nature and not intended to establish an attorney-client relationship.
If you had an "open and shut" case, then you would not have lost. The reference to 2009 may be the problem. There is often a last insured date problem. This means when you stop working Social Security only gives you a limited time to prove disability. This is the Last Insured Date. In your case this may have had to prove disability back to 2009 (which is six years ago). If your doctors did not start treating you until 2011, then their 2011 opinions or later may not have been enough to prove disability back to 2009. In otherwords, the Judge may have decided your disability occurred after your Last Insured Date. When that happens you don't get benefits. Geraty & McQueen are in Charlottesville. Call them for an opinion. They are near you.
This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.
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