Social Security Initial Claim: Legal Significance of Akin Gump Sworn Statements

On April 20, 1993, I filed a claim for disability benefits at the Washington, DC office of the Social Security Administration.  A Social Security employee named Alberto Rigau handled my claim.  Mr. Rigau directed me to submit to Social Security three documents: my birth certificate, a list of doctors who had treated me for mental illness, and written statements prepared by my former employer (the law firm of Akin, Gump, Strauss, Hauer & Feld) certifying that the employer had determined that my employment was terminated by reason of mental illness that rendered me disabled and not suitable for employment.  As of April 1993 (and at the time of SSA's Notice of Award in August 1993) I was in twice weekly psychotherapy with Suzanne M. Pitts, M.D. (deceased), a psychiatry resident at the George Washington University Medical Center Department of Psychiatry.   An approximate 6-week course of treatment with lithium prescribed by Dr. Pitts in early 1993 did not ameliorate my mood-congruent psychotic symptoms of pressured, rapid speech; loose associations; and flight of ideas.  Seven months earlier, in September 1992, Napoleon Cuenco, M.D. (a GW psychiatry resident) had diagnosed me with bipolar disorder (rule out: schizoaffective disorder). 

Mr. Rigau provided me a Social Security form certifying that I had filed a disability claim.  The following is the text of the SSA form, with handwritten notes by Alberto Rigau highlighted in yellow:

NH xxx-xx-xxxx   SG-SSA-16, PAGE 004

4/20/93 [my handwritten notation]

NAME OF PERSON TO CONTACT ABOUT YOUR CLAIM: Alberto Rigau

2100 M St., NW

Washington, DC 20203

THE TELEPHONE NUMBERS TO CALL IF YOU HAVE A QUESTION OR SOMETHING TO REPORT ARE:

BEFORE YOU RECEIVE A NOTICE OF AWARD: (202) 653-7013

AFTER YOU RECEIVE A NOTICE OF AWARD: [blank]

YOUR APPLICATION FOR SOCIAL SECURITY BENEFITS HAS BEEN RECEIVED AND WILL BE PROCESSED AS QUICKLY AS POSSIBLE.

YOU SHOULD HEAR FROM US WITHIN 120 DAYS AFTER YOU HAVE GIVEN US ALL THE INFORMATION WE REQUESTED.  SOME CLAIMS MAY TAKE LONGER IF ADDITIONAL INFORMATION IS NEEDED.

IN THE MEANTIME, IF YOU CHANGE YOUR ADDRESS, OR IF THERE IS SOME OTHER CHANGE THAT MAY AFFECT YOUR CLAIM, YOU -- OR SOMEONE FOR YOU -- SHOULD REPORT THE CHANGE.

ALWAYS GIVE US YOUR CLAIM NUMBER WHEN WRITING OR TELEPHONING ABOUT YOUR CLAIM.  IF YOU HAVE ANY QUESTIONS ABOUT YOUR CLAIM, WE WILL BE GLAD TO HELP YOU.

CLAIMANT                                                
GARY FREEDMAN

SOCIAL SECURITY CLAIM NUMBER
XXX-XX-XXXX

*B/C

*List of Doctors

*Statements

[Handwritten note indicating address of District of Columbia public benefits office:

645 H St., NE

(202) 727-0858]