Binder and Binder - The National Social Security Disability Advocates

JL Fox, IncGeneral Contractors received notice of Ms*** water loss on October 19, and responded immediately the same day. Our staff provided emergency services that included water mitigation in the bathroom, entryway, hallway, living room, laundry room, kitchen, two bedrooms,
and two closets
Repairs were completed per the estimate provided by Ms***’s insurance company. Ms*** agreed to the repairs as approved by her insurance company as she signed the Work Authorization on November 5, 2013. The customer did not want to replace the carpet as listed in the estimate, so appropriate credit was applied to the final bill
Ms*** previously advised that she did not want JL Fox, IncGeneral Contractors to return to her home to do any additional repairs. The management team and employees of JL Fox, IncGeneral Contractors adamantly deny taking any personal property belonging to Ms***
JL Fox, IncGeneral Contractors is not affiliated with AAA Insurance or their adjuster in any manner

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID *** and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
Regards,
*** *** AM SORRY; I HAVE BEEN SICK AND IN BED A LOT AND MISSED WHAT JLFOX WROTE IN REGARD TO THE COMPLAINTI AM YEARS OLDREGARD STOLEN ITEMS; THE FIRST THING I NOTICED MISSING WAS A SMALL PACK OF WIPES I KEEP IN THE BATHROOMSI NEEDED A SCISSOR TO OPEN THEM SO I LEFT THEM ON THE COUNTERTWO DAYS LATER I BROUGHT A SCISSOR INTO THE BATHROOM, NO WHIPS, AND ERNIE FROM JLFOX HAD DONE A LITTLE PAINTING IN THE BATHROOMOTHER ITEMS WERE NOTICED AS BEING MISSING AFTER THAT, NEW $SHOES AND SETS OF INSERTS; VITAMINS, STAPLER AND STAPLES, MOVERS TO PUT UNDER FURNITURE TO MAKE MOVING EASY (THIS WAS NOTICED THE SAME DAY AS THE WIPES SO I THINK IT WAS ERNIE)NO ONE BUT JLFOX EMPLOYEES COULD HAVE TAKEN THESE ITEMS; THEY LIE AND STEALREGARD DAMAGE TO POCKET DOOR AND HOLES IN CARPETI HAVE A COPY OF THE EMAIL I SENT ALLOWING THEM TO FIX THESE THINGS THEY WERE RESPONSIBLE FOR WRECKINGI SAID I WOULD THEN SIGN THE BILL FOR THEM TO SUBMIT TO AAATHEY HAD ALREADY SENT ONE BILL TO AAA (MAYBE FORGED MY SIGNATURE) AND THEY LIED ABOUT PUTTING NEW CARPET INTO TWO BEDROOMS AND A SMALL HALLNO NEW CARPET WAS INSTALLED; THEY WERE PAID FOR CARPET PER AAATHE WORK TOOK MONTHS AND I HAD TO WRITE TO GET IT DONEI HAVE NEVER DEALT WITH ANYONE AS BAD AS JLFOX IN MY YEARSI GOT SICK BECAUSE THEY DID NOT COVER A SEWER PIPETHEY TORE UP THE BATHROOM SO IT COULD NOT BE USEDTHEY SHOULD HAVE REPAIRED THE PIPE AND AT LEAST MADE THE ROOM USABLEMONTHS TO GET WORK DONE FOR A SMALL BREAK IN A PIPE WAS MONTHS TO LONGTHEY DEDUCTED THE $THEY OWED ME FOR STOLEN ITEMS FROM A BILL THAT SHOULD HAVE GONE TO AAA INSURANCENOW I AM OUT $FOR ITEMS THEY DID STEALI AM OUT $AND I NEED TO HIRE A HANDY MAN TO GET THE POCKET DOOR FIXED AND PIECE TO COVER THE AREA THAT WAS RIPPED CARPETI SHOULD SUE FOR ILLNESS CAUSED BY SEWER GAS FOR ME AND MY DOG I would like $to cover items stolen from my home; JLFOX deducted from a bill that should have gone to AAAThey sent THE BILL to a collection agency with my name on itAccording to AAA THEY WERE OVERPAID ALREADYI ALSO WOULD LIKE TO HIRE A HANDY MAN THAT DOES NOT STEAL TO FIX DOOR AND COVER HOLES IN CARPET WITH METAL STRIPYOU HAVE A BUG IN PROGRAM CALL ME***

I initially refused to deal with Binder & Binder, despite their excellent reputation, because they requested 25% of my retroactive benefits. for me that would come to about $20,000! then I was dropped by my current lawyer, so I contacted B&B again, with the details of my case, and requested a discussion regarding their fees, as I cannot afford to give up $20K. they replied that they are Required by the Social Security Administration to charge 25%, and that it is non-negotiable. so I looked it up, and found the actual SSA document which says, "the Lesser of 25% or $6000 is the maximum fee allowable." I sent this document to B&B, pointing this out, and telling them that they are misrepresenting the law (Lying), and that, again, I would like to discuss their taking my case for $6000, which is what the law allows. they replied again that their fee is a non-negotiable 25%.

they are LYING about what the law calls for, and apparently getting away with it!

Review: AFter representing me, they were paid $5,300., which was the maximum they could receive. Now after 7 yrs later , company trying tocollect 4,700 more. Did they really think I have that kind of money left?Desired Settlement: Stop trying to collect more money. can't get blood from a turnip. Disabled and have nothing to give.

Business

Response:

[redacted]

Dear [redacted]:

This will acknowledge your correspondence of July *, 2014 regarding our former client noted above.

[redacted], who we know as [redacted], retained us on May **, 2003 after her Social Security Disability application was denied by the Social Security Administration (SSA). We requested reconsideration, which was denied. We then requested a hearing and the claim was again denied. We appealed to the Appeals Council where the unfavorable decision was vacated and the case remanded for another hearing. After the second hearing the Administrative Law Judge (ALJ) granted [redacted] benefits retroactive to the beginning of her claim.

The payment issues are straightforward. Under our company payment system, we agree to limit our fee to 25 percent of the past-due benefits but cap the fees pursuant to 42 U.S.C. § 406(a) at $5,300 if we win at the hearing level. However, if we lose at the hearing and have to go on appeal, we still charge the client 25 percent but it is no longer capped. This is explained in great detail in the retainer and our fee explanation pamphlet which I am enclosing for your review.

The Administrative Law Judge mistakenly approved a fee agreement limiting our fee to $5,300 even though on the face of it that is not valid. After filing the appeal, SSA acknowledging the ALJ’s error then approved a fee of $10,000 for our company. Unfortunately, by their own mistake they had released all the retroactive money after deducting $5,300. Hence, $4,700 was released to the client that should have been withheld for our payment. Since this is the government's mistake, the government sent us the $4,700. By their rules, the Social Security Administration will make arrangements to recoup the money from the claimant. This is what happened in this case.

While the fault is not hers, [redacted] has received an extra $4,700 in benefits that she should not have received. She was overpaid by $4,700. It is not that we are trying to get money out of her to which we are not entitled; she has kept money to which she is not entitled. Moreover, it is the government trying to get the money back, not us.

[redacted], however, has remedies. If she can prove she cannot afford to pay this money back to the government, she does not have to pay it back. If she had called us regarding this issue rather than immediately going to speak to you and filing a complaint, we would have explained this to her.

By way of explanation to her now, she needs to file a “waiver.” She has to go to the local Social Security office and tell them she wants to file a waiver of an overpayment, which is what this is technically called. The government will either work out a deal with her where she pays back a miniscule amount per month for the next 10-20 years, or they will allow her to appeal. She must show that since she can barely afford to live on what she is receiving, she should be entitled to the waiver and be allowed to keep the additional $4,700 overpayment in its entirety.

In sum, everything was done appropriately and by statute. It was an error on the part of the government. As I indicated, we are not trying to receive additional money from the client; the government has already paid us directly what we are owed. The government is now trying to recoup the money she was overpaid. And again, she has remedies for this that she can use.

I am sorry for [redacted]'s confusion, but all of this could have been avoided had she just spoken to us about this rather than immediately filing a complaint. If you feel further explanation is in order or have any questions, please feel free to contact me at any time.

I’ve attached our retainers signed by her, with the relevant parts outlined, and included a copy of our fee pamphlet which every client receives.

Sincerely,

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.

Sincerely,

Binder and Binder are not educated in SSD nor SSI laws the GAF score is not to be used to determine SSD or SSI cases. But this was the reason I was denied service. They are not advocates for the people with disability's but advocates for their pockets.

Review: I have been disabled for fabout a year now and haven't been able to work. I hired Binder and Binder to help me with this. They advertise they will do everything and I have had to do all of the calling to Doctors and take care of all business. I have had two surgeries and I still can't be up for more than thirty minutes at a time. I am a cashier at [redacted] and ther is no way I can stand on a concrete floor for eight and nine hours a day. I was told to get a receptionist job. I tried to find that type of work for eighteen months and no one would hire me. I am fifty nine years old and I don't have a body of a twenty year old.Desired Settlement: I want resolution in my case. They advertise they do all of the work and I still can't walk on my own and I still can't work.

Business

Response:

[redacted]

Dear [redacted]:

[redacted] retained this firm on December **, 2013. We then filed an application for Social Security disability benefits in early January. The Social Security Administration (SSA) denied her application and we requested reconsideration of that decision on June **, 2014. We are pending.

I have no control over how long the government takes to process cases. There have been Congressional hearings on this issue and I wish there was something I could do but the Supreme Court has ruled that no one can order Social Security to act promptly in any particular case. I will be happy if SSA renders a favorable decision at this stage. If not, we will have to request a hearing.

It is taking an average of 3-1/2 years from the time one applies until a Social Security hearing is scheduled; the wait for just a hearing can be two years in various areas. The hearing schedule is set exclusively by the Social Security Administration. They do not even bother to give us the courtesy as to a range of dates.

[redacted] is upset because we have asked her to help us with her doctor. We have asked her to get involved because her doctors are not cooperating. Rather than being told at the time of the hearing, "Why didn't you call me and tell me that the doctors weren't cooperating?" we are telling her in advance that the doctors are not cooperating so she knows that the medical file is not being developed. Without medical support we cannot win. A patient may be able to persuade her doctor to cooperate when I am merely seen as another annoying outsider requesting information. To let the claimant know what is going on and why we have little proof is my obligation.

Nevertheless, I will have my staff call her to see if we can explain this process to her better. There is simply nothing I can say about the government except they are indifferent.

Sincerely,

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[They are the ones that never did anything. I had called over a half a dozen times before they even put [redacted]'s telephone number in the computor, then I was told they sent him the paper work to fill out but he never got any from them. The only time I found out anything from was if I called them. I never heard from them. I just don't need the stress of them anymore. I have enough stress.

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

We filed a social security disability claim and they did not file our claim sufficiently with social security which has now caused the claim to deny. After they told us on 2 separate occasions it was approved. When we questioned them their response was very insufficient and they have done nothing to rectify the situation.they had too many different people involved who did not know our case they would never let us speak to an attorney . because of their negligence we have lost our home

I was also lied to, I was told that my case would not get approved just for the fact that my GAF score of 65 was to high. I ask what about my 3 inch file and numerous evaluations from doctors and a [redacted] determination that contradicts this one GAF of 65. I was told the judge would not approve me just for this fact. The law states a judge can not approve or denie based on a GAF score Law AM-13066 it also states in the law that if the supporting evidence does not support a GAF score it is to be completely dismissed. [redacted] is the office I had to deal with I was very disappointed that I was able to find this info in 10 minutes and they supposedly have been doing this for years? I have presented this information to them. I have not heard back from them.

MY NAME IS [redacted]. MY EXPERIENCE WITH BINDER AND BINDER WAS A VERY BAD EXPERIENCE. MR MARIO A. D[redacted] WAS MY ADOCATE. I NEVER MET WITH MR D[redacted] UNTIL MY TRIAL DATE. HE WAS VERY NEGATIVE TO ME ABOUT MY CASE. I WAS VERY NERVOUS ABOUT THE HEARING BECAUSE I NEVER SPOKE WITH MY ADVOCATE BEFORE MY HEARING. ALL THE TIME WHEN I ASKED TO SPEAK WITH HIM ,I NEVER HAD A CALL BACK. I ALWAYS HAD TO DEAL WITH HIS SECRETARY. MS ROBIN H[redacted] WAS THE SECRETARY I SPOKE WITH ON A REGULAR BASES. MS H[redacted] DID THE BEST THAT SHE COULD DO FOR ME. SHE TOOK ALL OF MY CALLLS AND TOLD ME WHAT MEDICAL PAPERS SHE NEEDED. SOME OF MY APPOINTMENTS WERE DATED AFTER MY HEARINGS. I WAS TOLD THAT THE JUDGE DID NOT BELIEVE ME.EVERYTHING THAT CAME OUT OF MR D[redacted] WAS NEGATIVE.HE DID NOT SEEM HE WAS WORKING FOR ME. I FELT AS IF I WAS JUST ANOTHER PAY CHECK. I WAS TOLD BY BINDER AND BINDER THAT THEY CAN SENT ME TO OTHER DOCTORS TO HELP ME GET THE MEDICAL DIAGNOSIS THAT I NEED. I WAS TOLD THAT I WOULD HAVE TO PAY FOR THE DOCTORS OUT OF POCKET. ALL OF MY MEDICAL PROBLEMS WAS NOT TOUCHED,DUE TO LACK OF COMMUNICATION WITH MY ADVOCATE.MY HEALTH ISSUES GOES AS FOLLOW [redacted] AND [redacted] WITH [redacted] IN MY [redacted] AND [redacted] WITH [redacted] IN ONE. [redacted] IN LEFT [redacted], BOTH [redacted] AND [redacted]. GETTING READY TO HAVE SURGERY ON MY [redacted]. I JUST FEEL THAT BINDER AND BINDER DID NOT PUT THE PROTECTION ON ME THAT WAS ALWAYS ADVERTISED. NOW I COLLECT SSI AND TRYING TO FIND SOMEONE ELSE TO HELP ME ONCE AGAIN. DUE TO MY HEALTH I WAS NOT ABLE TO APPEAL BECAUSE BINDER AND BINDER TOLD ME I DID NOT HAVE A CASE FOR AN APPEAL. I RECEIVED A LETTER IN THE MAIL. THE LETTER FROM BINDER AND BINDER STATED IF I DECIDED TO APPEAL MY CASE,THE JUDGE WOULD BE UPSET AND RULE AGAINST AND MAY TAKE AWAY WHAT HE HAD ALREADY GRANTED ME. SO I FELT I BETTER ACCEPT THIS OR I WILL HAVE NOTHING. I JUST DO NOT KNOW WHAT TO DO?

Review: I retained Binder and Binder to represent me for my disability case. I had no idea that there were actually no lawyers involved with my case, and I didn't realize my case would be handled from New York; I live in Virginia. I can NEVER reach my case worker, and I have been misled and have never actually seen a copy of anything this business has done for my case. When I call, I am always told my [redacted] is on the telephone and to keep calling back; she has no voicemail, and the [redacted] states that she will not take a message; I should keep calling back. I have done this for hours at times, and have not gotten through. Additionally, my [redacted] informed me that she would send a dire need on my behalf. She asked that I send a copy of my eviction notice, turn off notices for utilities, etc. I was told that she would contact the disability office the next morning and forward my paperwork that I faxed. Two weeks later I called to see if this was done, and I was told by someone else that there was no record of a fax sent by me. No one bothered to notify me that it had not been received, even though I got confirmation that it had been. Therefore, if they,in fact, sent a dire need letter,it was without my paperwork, and I received another denial letter from disability. This is the most unprofessional, disorganized business I have ever dealt with. I have tried recently to speak with a supervisor in order to tell them I am not going to use their services, and no one will speak with me or call me back.Desired Settlement: I want to have a LOCAL attorney and do not wish to be associated with this business. I also want to be assured that they will NOT try to collect any part of my disability, should I receive it. I feel that because of their extremely poor client services and lack of communication, that they have not done anything to warrant payment, especially since I will not be using them for my hearing. I have been told that this business will NOT return calls or speak with clients who wish to release them, and they then, collect part of the disability payment when and if the former client receives it. This is unfair; I want it in writing that I have terminated my relationship with them and that they will not try to collect any part of my disability should I receive it.

Business

Response:

[redacted]

Dear [redacted]:

[redacted] has complained to you that 1) this company involves no lawyers, 2) she lives in Virginia while the case is being worked up in New York, and 3) she is being ignored. I am going to have someone call the claimant today because no one should feel that she is being ignored and that is certainly not our policy. Binder & Binder is not a law firm. Every piece pamphlet we have indicates this is not a law firm. However, we do employ a great many lawyers much as an insurance company will employ a great many lawyers to handle cases. Appearing before the Social Security Administration is not considered the practice of law – anyone is allowed to appear on behalf of anyone unless you have been convicted of a felony. We have offices all over the country including one in Richmond, Virginia where she lives so she could make an appointment to meet personally with our staff there.

[redacted] seems to feel she cannot relieve us. Not so. If unhappy, all she has to do is write me a letter and say that she does not want us to represent her anymore. As soon as I receive that letter I will stop representing her. If the problem is that she feels we have not paid enough attention to her, I think that is unfair. I will be glad to send you our 34 pages of worklog entries listing every time we have communicated with her and how many times we have spoken to her doctors. Unfortunately, I have to have a release from her in order to do so but I can assure you that as of last week when I printed the report, we have communicated with her regularly, have been in constant contact with her doctors, have obtained medical evidence on her case and have submitted it. I realize that she is indigent and that it is taking way too long to get this case resolved. I wish I could do something about that. We have requested expedited “dire need” processing of her case in May. Unfortunately, the Administration has not responded on that dire need letter. We have followed up on multiple occasions and have so advised her.

There is nothing else I can do. I have urged her to call her United States Senator [redacted] and ask him to see if he can expedite it. A dire need request is supposed to be honored by the Social Security Administration if the client is in jeopardy of losing a home. According to [redacted] she is so jeopardized. But as I mention all too frequently to my clients, the problem is the Social Security Administration. It is seemingly completely indifferent to how long the process takes. There is nothing I can do to push one client of mine ahead of the other hundreds of thousands of people who are waiting for a hearing to be held in this country. It is an outrage which should be addressed by Congress. I simply do not have the power to order Social Security to put her ahead of anyone else who is just as anxious and just as financially strapped as she is.

I will, however, have my staff give her another call. If she will authorize me to send you the worklog entries I will be glad to send you the 34 pages showing each and every phone call to her and each and every action we have taken on her behalf. In [redacted]'s case, we have submitted everything we have. If you can get her authorization to send you the 34 pages of worklogs, they will be self-explanatory.

Sincerely,

[redacted]