Jim,
For reasons unknown my SSD attorney withdrew representing me for reasons that the case is no longer feasible. I still do a hearing with a ssd judge, but that date is yet to be determined. I am TDIU (P&T) and I've read that DOLE/SHALALA REPORT somewhat states that is a vet is deemed unemployable thru the VA, then SSA is to streamline an approval?? Any suggestions? I've called several other attorneys and they won't represent me due to the nature of my prior attorneys withdrawing from my case.... Should I get a senator to help t go to the hear alone??
Reply:
Your message raises a lot of questions. In most circumstances, an attorney can't simply abandon you "for reasons unknown". You deserve an explanation.
The Dole/Shalala Commission report has no influence today. For that matter, it was shelved long ago and none of its recommendations were ever implemented. As a practical rule, the SSA will often award the SSDI benefit to a veteran who has been rated as TDIU by the VA. The VA will often rate a veteran as 100% P & T if he/she has already received the SSDI benefit. However, neither of those decisions is required of either agency and there is no particular guideline to suggest that either agency should always follow the lead of the other agency. The criteria and standards for determining disability are greatly different at SSA & VA.
To try and enlist the help of a Congressional representative at this point probably isn't such a great idea. There isn't much they could do for you. Your case (at least what you tell me) isn't terribly snarled in bureaucratic red tape, you have a hearing scheduled and things are progressing as usual. I'd suggest that you go to the hearing and hope for the best.
I have to return to the fact that you were fired as a client by an attorney. That's a really serious event for you and the lawyer. Lawyers don't do that without a good reason. Abandoning a client can result in sanctions from their professional associations and state licensing agencies. That no other attorney will accept your case makes me wonder why? A client has an obligation to work with the attorney. A disruptive or otherwise uncooperative client may make the case so difficult that it becomes impossible to work as a team and that can be reason enough to fire a client.
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