I know in my area (DPA) the initial has to be done with the FAA. You have to call up the FSDO and they will either give you an FAA examiner or if they are backed up will send you to a DE. Is this the case every where?
Not the case in many areas.
Also if my FSDO tells me I have to wait a month because they are so backed up can I try calling a differnt FSOD out of my area without them giving me trouble?
You can go to whatever FSDO District you want to. If you really want to, you can tell them you're in a tight timeframe with a limited budget (almost everyone is!)
Usually, if you want a checkride with the FAA, they'll tell you, "we're a little backed up right now, how does a month sound?" because they don't want to do it, and 30 days is the requirement given to them to provide a checkride. When (not if) you bust it with them, then expect to wait up to another 30 days for another checkride.
Find an authorized DPE that's keeping themselves fairly busy with checkrides. The one's I've had most success with are down to earth, corporate pilot types, with a lot of spare time on their hands!
As a side note, I instructed in the Los Angeles Basin, and sent students to five different districts because they were foreign and on a schedule. Of course, I had preferences, but those didn't always work out.