Need Help with getting my backpay !!!!

[cindybear]

Ok, I got my fully favorable decision in March 2006..Started getting benefits this july,,Medicare and monthly checks..My problems is getting my backpay..I can't talk with anyone at my local office , cause when I call, they give me to my rep, and she is never there,,So I leave a message..I have left a message with her 5 times in the last 3 weeks, With her a promise to call back..She never calls back...
So I've ask Congressman Oxley for help (in my district ) he said , he'd call when he got some info...That was last Friday..
I called 1-800-.gov And they tell me it's on hold cause my attorney is asking way to much for his fee..That he should have a cap..I agree,,She tells me to call him..
I call my attorney, And tell him that 1800.gov states he is holding up my backpay from getrting to us..I said I remember signing a paper that there was a cap of 5600.00 . He said, that cap was dropped when we had to go further than the ALJ...I said , HUH,,You got paid for that Fedral courts by the AJEA monies I signed for you to get..(3 thousand dollars ). He allready got this monies. He stated, He wants paid for the whole thing and then I will get reimbursed the 3 thousand dollars...???? Does this makes sense...??? They are holding over 9 thousand dollars of my backpay..Which I don't mind, But This is not what it was explained to me..And he never ever said the cap would be dropped cause we had to go further on after ALJ court..I mean It was found by the federal courts, I should have never been denied at the ALJ courts... Does anyone know ?? If he is do this money, Then good, But if he is trying to rob me...shame on him.. hugs, cindy

[waggytalk]

ok if i understand this right.

you won (after going PAST adj) right?

he was paid by the feds 3k for that part but he is holding up 9k in backpay you should recive?

so is he trying to keep all 9k or what?

personally he should be paid the $5600 (and the $3k the fed paid) and that is it. UNLESS you signed something saying something diffrent.


why shouldnt he be paid fully?

[cindybear]

Thanks for answering my question..He stated that , since he had to go to Federal court and we didn't win at the ALJ and had to appeall ..That the cap was dropped...Has anyone ever hear of such of a thing.....He says he wants to be paid from start to finish...And then he will reimburse me the 3 thousand dollars the feral gov, gave him for all the time he had in from in Appealls court and in Federal court...I just don't understand why he want paid for that allready...He has been paid for that....And I feel, he is trying to cheat me someway...Sure he deserves the monies before ALj..No problem...But this Attorney will not even send the payment center a itemised bill..He says , you send me all her 25% , then I will send the itemized bill..Does this make sense..I heard this is holding up my backpay..But I did get a call from my congressman helper..They told me that they got a person on my case and he has my file and is on it...And with any news she has she will call me anytime..So this is good news...But I did sign a cap,,But never discussed anything about it being dropped if we had to appeall it or go to federal courts...I just feel lost again...Hugs, Cindy

[Georg]

I was awarded a fully favorable decision July 2005. My second Attorney, I had discharged my first Attorney, received $7000.00, which she received in January 2006. That amount is over the limit so she had to request permission from the ALJ, which she got and was granted. I was glad of every cent she got for the work. I did not care about the amount, though I spent a long time in the 'poor' house, 5 years.

My fully favorable decision went back to September 2000 (the mandatory six-months wait, puts the back pay to March 2001). My SSDI check started in October 2005 and I continued to wait for the back pay. As I said my second Attorney was paid in January and my first Attorney submitted the required information but was denied.

In February, I still had not received any back pay so I wrote both my Congress person and US Senator - 2 weeks later I had 1/2 of my back pay. Though my first Attorney is still not paid and they owe me quite a bit more back pay. So I meet, did not call, my local office and they also agreed with my current back pay issue and wrote an e-mail to the payment office. That was in June of this year. In September with no $$ I again wrote my Congress person and US Senator for assistance. Still no response from the payment center. My suggestion is to first schedule a meeting with your local Social Security reps and then write a letter to both your congress person and US Senator.

[cindybear]

George .
Thanks for the info, thats interesting...I have no problem with my attorney getting his fair share...No problem,,,I went through both appealls before I hired him...Didn't hire him until I had to go to The ALJ court..So he has 18 months...Which I never met him in person..I might have talked with him on the phone for a total of 30 minutes...But I imagine, he had some paperwork that I didn't get, he need to get...And other important things....But when I went to federal court, They said I should have never been denied at the ALJ court..And basically put me back there, If that makes since..And paid for everything from ALJ court to any Court or fees made to decision. To me and to my lawyer..My lawyer made a itemized bill to the federal court of every minute we was on the phone ,every minute he done paper work, every second he done anything on my case..Then they sent Him Not me a nice sized check..And that was his fee for working for me from ALJ court to the finish of the federal court...!! The federal court said that was a fee from not getting a fully favorable at my ALJ hearing like I should have..That my ALJ judge was unfair in his decision..That is why they paid me my fee for court and my attorney fees..So why should he be paid twice..That my complain..Or Am I missing something That I just do not understand...Please someone help me understand this,,I really don't want to think he is taking advantage of my situation...SIGH........HUgs, Cindy

[cindybear]

Hi everyone,
I'm finnally going to br getting my backpay....PHEW....To say the least...!!! What a mess..My attorney finnaly sent a itemised statement....and asking for more monies than the 5300,oo cap..Which I don't care..He was awaeded allmost 3 thousand for AEJA for AlJ not awarding me at court..And me having to go to Federal court..Federal court stated I should have won at my ALJ court...Anyway, I will get my monies in 3 to 4 checks every 3-4 working days...They have to it this way,,And only get 9 thousand and some at a time..Until all your monies are collected...It does not matter to me..It's all going to bills any how..The congress lady did say that if I had not called she did beleive it would have sat in there for maybe years,,,Why...you ask...Because,,Some person,,with my same name and same birth date but, we live in different states ( I live in Ohio ) this other person lives in Califonia..WEll. the person that lives in California is in prison..And WHY....they thought that was me....?????...Is beyond my thinking......but they was holding my monies cause people in prison can't have monies..Bit in the same breath,,I've been getting my monthly checks sent to my Ohio address ( well to my bank account )...But it took this congress person many days to prove to these people that I was not this person in prison...Give me a break..I have never been arrested for anything...except one time I went through a yellow light and it turned red before I got through...And that was only once and that was 10 years ago and a 110 dollars later..To pricey to happen again..Thats for sure..I have to much anxiety to get in trouble...I'd have a panic attack thabking of doing something bad. Anyhow, I should have all my money within 2 weeks...Thanks to my congressman,,,They will be getting thank you notes,,,Hugs guys and thankls for all you do, Hugs ,Cindy