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Steven Packard, a Social Security Attorney who represents disability claimants granted an interview to the local news. The transcript follows:
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John Bridges: We’re talking with attorney Steven Packard on Social Security Disability. It’s something that a lot of people have to deal with everyday. Steven, who needs to worry about Social Security disability? Who does this affect?
Steven Packard: Social Security affects everyone. It affects people who have worked their whole life, and it also affects people who have stayed home, raised their children, and have never had an opportunity to go into the work force.
John Bridges: And this is for when you’re injured or disabled for an extended period of time, right?
Steven Packard: Yes, any injury or illness that takes a person out of the work force for at least a year.
John Bridges: So you don’t have to be 62 to use it, it can happen at any age?
Steven Packard: It can happen at any age. I’ve seen people become disabled in their early 30’s; sometimes even in their childhood. It’s a sad situation, but sometimes it affects people even in their childhood.
John Bridges: Does SSDI take care of something that insurance does not? How does that work?
Steven Packard: Many people do have disability insurance and there is an interplay between Social Security and insurance. There are different types of insurance, and they typically work hand in hand. It brings into the picture issues like Medicare, Medicaid… and sometimes there is a little bit of overlap between the two.
John Bridges: What are some of the questions that you get from clients about Social Security disability?
Steven Packard: The main question that I get over the phone is when people are surprised when a doctor has told the person that they can never go back to doing the same kind of work that they’ve done in the past. Let’s say, if they were a carpenter and they can no longer go out and do that kind of work, but the person has never done anything else. They call me and say, “My doctor has told me that I can’t do what I’ve been trained to do my whole life”, and that can be a perplexing problem. There are guidelines on what the judge can do.
John Bridges: It’s obviously difficult to be told mid-life that suddenly you can do what you’ve done your whole career. When do you need an attorney? When does a person call someone like you to become involved?
Steven Packard: A person can retain a law firm at any stage in the process. Most of the time, however, an attorney gets involved after a claimant has been denied. The person will go in, make an application, and they’ll frequently get denied by the Social Security Administration and the individual doesn’t know what to do next, so they call me.
John Bridges: What happens then? Do you file a suit or do you try to work it out without having to go to court?
Steven Packard: Well, we have to file an appeal. We go through the appeals process and we eventually seek a hearing with the judge, face to face. Up to that time, they’ve already gone through the process and up until that time there wasn’t a face-to-face interview with the decision-maker, and that’s what we want this time - a face-to-face meeting with the decision-maker.
John Bridges: How are fees assessed in a situation such as this? Do you charge a certain percentage of the final award or what?
Steven Packard: Typically what’s done.. is that there is a percentage of the back pay that is used to pay the attorney. It’s a lot easier for the claimant to pay a fee that way and it works best that way.
John Bridges: Ok. If you need more information you can contact an attorney…
#1 by Auntie Hosebag at July 3rd, 2009
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Nota bene, the attorney did not reveal that legally you are allowed to negotiate the amount(s), percentage(s) and/or structure(s) of your arrangement with any attorney. Just because they announce their regular fee as being X dollars does not require you to pay that, or even pay that way.
Having been disabled twice in the past 30 years, I have learned the most important thing is to take possession of your own situation, even if you can’t take charge. Do NOT let “professionals” dictate the terms of what in essence is the rest of your life. Be assertive, stay informed, don’t take any bullshit.
Everyone–especially “professionals”–answers to someone. It’s a great thing to know.
#2 by Hal LaPray at July 13th, 2009
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That’s great advice, really. A good Social Security lawyer will not treat his or her practice as though it’s a “mill”. The commenter is correct; an attorney should be paid for the value that the attorney added to the case, up to the statutory maximum. Sounds like some serious life lessons were learned. We wish you all the best.
#3 by Kaye at July 15th, 2009
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Thanks for such an interesting article. As members of the Baby Boomer Generation continue aging, this information will become more and more valuable.
#4 by Helene at August 3rd, 2009
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Thanks for providing this information to the readers of Take Charge of Your Health Care Carnival.