SSI Lawyer Duties

[anzafrank]

Hi,

My x-wife has a court date for ssi in san diego, ca. in jan. of next yr. that she has been waitng for about a yr. The lawyers office girl is telling us that we have to hand all the drs. and her shrink their forms (the lawyers) to fill out. So far two drs. refused to fill them out, and are saying that the lawyer needs only their dr. notes.

The lawyers helper lady seems a bit incompetent in not being able to find documents and emails we send her until much later. Not concerned about a bad health problem she has (one of them). I talked to the lawyer about the problem, and he seemed a bit angry, and not nearly as frindly as when we sighned up. Didn't even look up her file while on the phone with me.

My question is: Are we supposed to take the lawyers forms to all the drs., or is all of this business the lawyers job? Also, if we wanted to get another lawyer, would we have to start all over again with a new court date etc.? Thanks,

Frank

[Mr. Knowitall]

It's not at all unreasonable for a lawyer to ask you to hand forms to your own doctors, and to ask that they fill out the forms. If that's why you're considering firing your lawyer, you'll probably be disappointed when the next law firm expects the same thing. Fees are limited in these cases, and driving out to talk to each of your doctors and to ask them to sign a form is not an efficient use of your lawyer's time.

[anzafrank]

Thanks for the advice. I had no idea how this thing works. Just one more question: Does my x-wife have to go to court with her lawyer? A few neighbors told us they didn't have to go, but they got their ssi several yrs. ago, and one woman is a little senile. Hope she's not reading this. Ha! Thanks,

Frank

[Janke]

The last person I would take advice from is a little bit senile neighbor.

Do you want a decision made on paper evidence or paper evidence plus visual evidence? Subjective information is gleaned from observations and a seasoned ALJ can have a gut reaction opinion from observing your wife which then has to be supported by medical evidence for either a denial or an allowance.

Whether or not it is the lawyer's job to do all the footwork to get the evidence, bottom line is that your ex-wife is the one whose quality of life depends upon this decision so being proactive in making sure everything gets done is a good idea.

[anzafrank]

Thanks to all for taking the time out of your busy day to respond. Looks like she will go to court with the lawyer. The only problem is her first language is russian, (she speaks english) and she has a severe people phobia, and when forced to talk to people, she shakes like a leaf on a tree with a panic attact. I hope the judge won't think she is shaking because she's faking it. She has begining lung hypertention (caused from her moldy apt. her dr. thinks) with life long encephalitis, and depression.

She's good looking, and she doesn't look sick, but she's a pretty sick girl. I hope the good looking part, and the shaking doesn't hurt her. Thanks,

Frank