POZ Community Forums
Meds, Mind, Body & Benefits => Insurance, Benefits Programs & HIV => Topic started by: laslopaka on November 30, 2010, 01:05:17 pm
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Aloha,
Found this site for SSDI Aids/Hiv from one of web sites I was looking for information on reconsideration appeals for SSDI Gives you a lot of files to download besides the SSD4814
I got denied on my first go around and filed an appeal. Just waitting to get another denial and find a lawyer.
Hope this can help out someone. Aloha
https://secure.ssa.gov/poms.nsf/lnx/0411055241
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This is the web site I got it from. It's about people with disabilties. The people in the forum are very helpful and loving. Looks like I was the only one who is positve. I was welcomed with opened arms. I learned a lot from them. It's as good as this forum. Check it out if you need it. ??? Aloha
http://ssdfacts.com/home
Aloha,
Found this site for SSDI Aids/Hiv from one of web sites I was looking for information on reconsideration appeals for SSDI Gives you a lot of files to download besides the SSD4814
I got denied on my first go around and filed an appeal. Just waitting to get another denial and find a lawyer.
Hope this can help out someone. Aloha
https://secure.ssa.gov/poms.nsf/lnx/0411055241
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Thanks for the links. Looks as though it could be very useful.
Ray
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Another place that doesn't take all your money like lawyers do is called QUICKAID and you can find their number on google. They don't charge near what a lawyer does and probably do the same thing as what the lawyer would do. Thank you.
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Thank You,
I checked the web site and It looks really good. They specialize in HIV/AIDS Claims I think.
About the LASH I was talking about earlier, they were really fast in sending me a brochure for SSDI. I got it the next day. I might go with QUICKAID when I get denied again although I hope I do not get denied. I'm really getting stressed. Thanks and Aloha
http://quikaid.com/index.cfm
Another place that doesn't take all your money like lawyers do is called QUICKAID and you can find their number on google. They don't charge near what a lawyer does and probably do the same thing as what the lawyer would do. Thank you.
:)
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Another place that doesn't take all your money like lawyers do is called QUICKAID and you can find their number on google. They don't charge near what a lawyer does and probably do the same thing as what the lawyer would do. Thank you.
Actually, they charge exactly what a lawyer would charge for the same service. The allowable fees are set by the government, and are currently 25% of a retro-payment up to a maximum $6000. The fee has to be approved by SSA before it is paid out. No lawyer or non-lawyer rep can charge you one penny more than the approved amount. The only exception is that you can be charged for expenses like independent medical exams, or copies of medical records. That's it.
Of the many ways to get screwed by a lawyer on fees, SSA disability is not one.
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Hello Mr Jr Gabbard,
I was wondering what do you feel about the L.A.S.H (Legal aid Society of Hawaii). ??? Being that I am on state aid and food stamps my case worker stated that "They are Bulldogs" when appealing claims for SSDI. This would be no fee for me. They put me in touch with them. They said that they have someone working in the DDS department and they would push my claim thru faster. They were quick on their response, I received a booklet on my appeal rights the very next day. Would like to know if it would be advisable to go thru LASH or go with a private Lawyer if I should get denied again. I got diagnosed with Hiv Encephalopthy. Have recurring Shingles and Herpes. The Life Foundation of Hawaii also goes with LASH for Legal Help. Can't see on paying another lawyer after paying $1600.00 to file my Bankruptcy Mahalo for your response. :)
Actually, they charge exactly what a lawyer would charge for the same service. The allowable fees are set by the government, and are currently 25% of a retro-payment up to a maximum $6000. The fee has to be approved by SSA before it is paid out. No lawyer or non-lawyer rep can charge you one penny more than the approved amount. The only exception is that you can be charged for expenses like independent medical exams, or copies of medical records. That's it.
Of the many ways to get screwed by a lawyer on fees, SSA disability is not one.
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Hello Mr Jr Gabbard,
I was wondering what do you feel about the L.A.S.H (Legal aid Society of Hawaii). ??? Being that I am on state aid and food stamps my case worker stated that "They are Bulldogs" when appealing claims for SSDI. This would be no fee for me. They put me in touch with them. They said that they have someone working in the DDS department and they would push my claim thru faster. They were quick on their response, I received a booklet on my appeal rights the very next day. Would like to know if it would be advisable to go thru LASH or go with a private Lawyer if I should get denied again. I got diagnosed with Hiv Encephalopthy. Have recurring Shingles and Herpes. The Life Foundation of Hawaii also goes with LASH for Legal Help. Can't see on paying another lawyer after paying $1600.00 to file my Bankruptcy Mahalo for your response. :)
Legal Aid societies are an excellent resource for low-cost legal help. LASH sounds like a pretty good organization, judging from your report and a quick look at their website (http://www.legalaidhawaii.org/index.html). They will probably be able to help you all the way through the process, so you shouldn't need to hire a private attorney. You may have a LASH attorney working on your case anyway, if they do that.
Your post raises an issue I want to talk about, since this thread has been hijacked already into a discussion of fees (oh--that was me, wasn't it). There are non-profit agencies who will represent you on an SSDI claim for no charge. Many of them are ASOs and specialize in HIV-related disability, others (like LASH) serve the general population. Most of them are excellent, some not so much. They don't charge because they get funding from government or charitable sources, which affect whom they can help, and the kinds of cases they will accept. Not all areas of the country have this no-cost representation available, though, especially for SSDI.
If you can get a non-profit agency to represent you, you should definitely go with that. If you aren't happy with whomever you hire, you have the right to fire them and hire someone else (or even go it alone) at any time.
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Mr. Babbard
Thank you very much for your reply. You made my day. LASH sounds really good. Thanks Again.
Mahalo
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Hello Mr Gabbard,
FYI: I got a call from a lawyer from LASH yesterday she wants me to come down today to sign an agreement to hire her as my lawyer. She sounded like she knew what she was talking about. She even put me on a 3 way call with the DDS to find out what more he needed as far as may records. He got thru them right away while I was still waitting for a call back from him from a couple of days ago. :He sounded really cooperative with her while I listened. Don't know if that was a good sign or not? ???
But a really big thank you for your advice on this matter.
Aloha
Legal Aid societies are an excellent resource for low-cost legal help. LASH sounds like a pretty good organization, judging from your report and a quick look at their website (http://www.legalaidhawaii.org/index.html). They will probably be able to help you all the way through the process, so you shouldn't need to hire a private attorney. You may have a LASH attorney working on your case anyway, if they do that.
Your post raises an issue I want to talk about, since this thread has been hijacked already into a discussion of fees (oh--that was me, wasn't it). There are non-profit agencies who will represent you on an SSDI claim for no charge. Many of them are ASOs and specialize in HIV-related disability, others (like LASH) serve the general population. Most of them are excellent, some not so much. They don't charge because they get funding from government or charitable sources, which affect whom they can help, and the kinds of cases they will accept. Not all areas of the country have this no-cost representation available, though, especially for SSDI.
If you can get a non-profit agency to represent you, you should definitely go with that. If you aren't happy with whomever you hire, you have the right to fire them and hire someone else (or even go it alone) at any time.
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Don't know if that was a good sign or not? ???
Sounds like an excellent sign to me! Best of luck and keep us posted on how it goes.
Mahalo
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Hey Mr Gabbard,
I met with my lawyer and she faxed my records over to the DDS which was not included in my first application. It included records from my primary care physician who diagnosed me with HIV Encephalopathy. Also when she seen my MRI report that shown "extensive Gilosis" in my brain and brain stem she said that I had a better than 50% chance of getting approved this time around. ;D(before she seen my MRI report she said it would be a 50% chance)She also said that on my SSI claim they would have to pay the state back for my financial assistance and probably pay my partner back for paying my share of the rent and utilities if approved. But I would likely stop receiving SSI after all would be paid and just the SSDI. I hope it comes soon. I can't handle the stress this much with my ASO delaying my help with my utilities. But anyway I'll let you all know my outcome.
ALOHA :) Glad for the spell check .I would be lost without it. ???
Sounds like an excellent sign to me! Best of luck and keep us posted on how it goes.
Mahalo
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Hey Mr Gabbard,
I met with my lawyer and she faxed my records over to the DDS which was not included in my first application. It included records from my primary care physician who diagnosed me with HIV Encephalopathy. Also when she seen my MRI report that shown "extensive Gilosis" in my brain and brain stem she said that I had a better than 50% chance of getting approved this time around. ;D(before she seen my MRI report she said it would be a 50% chance)She also said that on my SSI claim they would have to pay the state back for my financial assistance and probably pay my partner back for paying my share of the rent and utilities if approved. But I would likely stop receiving SSI after all would be paid and just the SSDI. I hope it comes soon. I can't handle the stress this much with my ASO delaying my help with my utilities. But anyway I'll let you all know my outcome.
ALOHA :) Glad for the spell check .I would be lost without it. ???
Your case illustrates a couple of interesting facts about HIV disability claims with SSA. First, most applicants who represent themselves generally don't submit all of the necessary evidence, which is why most claims fail. It shows why it is so important to have a representative help you with a claim at any level (initial or appeal).
Second (and I'm going out on a limb here, but I'm pretty sure I'm right) you are receiving "presumptive disability" payments. Every applicant for HIV-related disability with SSA is eligible for a presumptive determination and IMMEDIATE benefit payments if they submit the proper paperwork. To take full advantage of this, you should have a rep, because the payments only last 6 months so you'll need to get the claim approved quickly. If your claim is approved, you have to repay the money you received on your presumptive determination. Sometimes they take it from your lump sum retro payment, but most of the time they treat it like an overpayment and take a small amount from your monthly benefit until the amount is repaid. If your claim is not approved, you do not have to repay any money you received.
Thanks for sharing your story with us! Hang in there!
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Your case illustrates a couple of interesting facts about HIV disability claims with SSA. First, most applicants who represent themselves generally don't submit all of the necessary evidence, which is why most claims fail. It shows why it is so important to have a representative help you with a claim at any level (initial or appeal).
Second (and I'm going out on a limb here, but I'm pretty sure I'm right) you are receiving "presumptive disability" payments. Every applicant for HIV-related disability with SSA is eligible for a presumptive determination and IMMEDIATE benefit payments if they submit the proper paperwork. To take full advantage of this, you should have a rep, because the payments only last 6 months so you'll need to get the claim approved quickly. If your claim is approved, you have to repay the money you received on your presumptive determination. Sometimes they take it from your lump sum retro payment, but most of the time they treat it like an overpayment and take a small amount from your monthly benefit until the amount is repaid. If your claim is not approved, you do not have to repay any money you received.
Thanks for sharing your story with us! Hang in there!
Hey Mr Gabbard, :)
Wish I knew all of this before I applied. ??? I had just found out of my poz status and just got in to a ASO in Hawaii. My mind was still out of it with stitches from falling down on my face and lips. My case manager helped me apply for SSDI and just put in the 4814 form. >:( The same case manager just helped with the reconsideration forms. Then I applied for SSI myself a few months later after being told that it was included in my SSDI application by a newbie with the SSA. After checking further it was not.
I asked her if I should get a lawyer with the reconsideration and she said no, that the letter would do and to wait for another denial to look for a lawyer. ???I took it on my self to check with LASH to ask if if I needed a lawyer and they sent forms about what was available to me the very next day. Out of the blue, an attorney from LASH contacted me the following day and that got the ball rolling. She told me the same thing you did about getting a rep at the start.
By the way, this same Case Manager at the ASO said that they could help me with my co-payments for my meds and pay all of my utilities as long as it was in my name. After numerous unreturned phone calls and past due notices on my utilities I had to use all of my State Aid check to catch up on and not have them shut off. :'( And when I applied for bankruptcy, she did not inform me of LASH to help me instead of paying $1600.00 TO A Lawyer. >:( I have had to find everything on my own
Sorry I had to vent on the ASO Case Manager. LOL. ::)
But I was wondering if it's not to late for the presumptive determination or just wait for reconsideration.
Thank You very much for all the help you have been giving. I can use it. ;D
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Aloha all,
I spoke with DDS yesterday to check on my status on my claim for reconsideration. He returned my and informed me that they are still working on it. :( I hope they will approve it. ;DI cannot stand another denial. :'( My lawyer from LASH is on vacation and will not be back till the 6th of Jan.
He said that he did not get her fax with my authorization to allow her as my lawyer. Said that they would have to allow it and wait till he gets the okay. He sounded really upbeat about my claim. Don't know if it's a good sign or bad one?????? ???
Aloha ;)
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Hey Mr Gabbard,
Got a call from the SSA yesterday to set u an appointment with them next week for my SSI. When I asked about my SSDI She said I was approved for both of them. Boy what a relief. Mahalo. (I guess the lawyers are bulldogs from LASH) Aloha ;D
Sounds like an excellent sign to me! Best of luck and keep us posted on how it goes.
Mahalo