What Would You Do ?

Discussion in 'Fibromyalgia Main Forum' started by Scarlett65, Jan 5, 2006.

  1. Scarlett65

    Scarlett65 New Member

    I am in a situation and I do not know what to do about it. I have applied for Social Security Disability and as of July got to the part where I was denied and needed to appeal to get a hearing before a judge. I had an attorney also. Well my attorney does the appeal and then I get a letter in the mail from the judge dismissing my claim stating I had sent my appeal in late or past the deadlines they give. So I call my attorney who tells me not to worry he will write a letter to the judge and all will go on from there. I was sent a copy of the letter also that stated that the attorney had sent my appeal in late because he had a death in his family and to please reconsider the dismissal of my claim. That was in July five months ago and I have heard nothing since. Well I have went to my attorney and asked if he had heard anything and I was told he had spoken to the judges office assistant and that she had told him not to worry all was going well and we would eventually hear something. So because this attorney was in the middle of handling our bankruptcy also I decided to continue with my attorney. Also in the past two weeks or so my husband and I have called to find out if we should just start a new claim or get another attorney or what and we are told everytime they will have the attorney call us back and he never calls us to tell us anything. Well two nights ago at 9:30pm the phone rings and it is the attorney. He is polite but in a rather condescending way like he was angry and you could tell it by his tone and some of the things he said. He told me never to call his office about my SS disability and that I was to call his private cell phone only to discuss this with him and no one in his office not even to leave a message. Now please understand I have not been rude with anyone before this so thats not the issue. So because I have always trusted this guy I tell him okay I will only call his cell phone to ask about my SS disability claim. But ever since then I have felt so strange like something is not right like why would he say this and what the H_ _ _ is going on here. If I do nothing will anything ever happen with my claim since it has been dismissed or do I trust that this judge will reconsider after 5 months time and send me a date for a hearing or do I start up a new claim and wonder what will happen with that? I have called Social Security and all they will tell me is that my claim has been dismissed, nothing about how the dismissal is in reconsideration. I have contacted an attorney on line and he emailed me that since I have an attorney he is not in a position to advise me so since at least some of you are not attorneys tell me please if you were in my place what would you do about this? Would you reapply a new claim, wait and see if this attorney is really in the works with anything to get my dismissal reconsidered or what? I feel so confused on this.
  2. kjfms

    kjfms Member

    In my opinion, if this were me-I would call the firm-yesterday! I would find out what is going on. Something is not right, here.

    I wish you the best of luck. With all due respect-get offline and on the phone and get some answers.

    Best of luck and many Huuuuuuuuugs...........

    Karen
  3. brendahayes47

    brendahayes47 New Member

    I would go to his office and ask him straight up,why do you just want me to call you on your cell phone about my S.S.and what are you doing about it and why did it make you mad when I called? At least you want be wandering about anything and you'll know if you want to get another lawyer.I hope this helps.
    Brenda
  4. Angie812

    Angie812 New Member

    Ok. Here's the deal. The lawyer is working for you. You are paying him to do a job for you and you have the right to check in with him and make sure he is doing what needs to be done. If you are not satisfied with his work, then you need to fire him.

    Your gut is telling you that something is not right. You need to trust your instincts. If you have not been harassing his staff, then there is no reason why you should not be calling there unless he has something to hide.

    Trust your instincts!!
  5. atiledsner

    atiledsner New Member

    that sometimes they don't do their job and when caught they take the position that they have the right to be-little anyone that challenges them.I bet you could call SS and they could tell you if any thing had been done.
  6. atiledsner

    atiledsner New Member

    to my earlier message. I was denied disability,then got a lawyer. He told me the system was so backed up it could take a year for a hearing.So if this lawyer hasn't done anything it could be a longer time than usual.I wrote earlier that you could probably call SS and they could tell you what had been done. You will probably have to go in person, due to the privacy act. atiledsner
  7. JLH

    JLH New Member

    Something is not right in that attorney's office. No atty wants to be bothered on his cell phone for questions that his staff could answer.

    Is this atty in trouble?

    I would also contact your congressman and ask for his help. Tell him everything you told us and that you feel that this attorney is hiding info from you, or his practice is in trouble and that you are afraid that if his practice is in trouble that your own case will just be forgotten about, tell him what the Soc Sec ofc told you. Plead and beg for your congressman's help! Lay it on thick!

    Write this letter ASAP!!!!

    If your gut tells you this atty stinks, then he's probably a skunk!

    Hugs,
    Janet
  8. rockgor

    rockgor Well-Known Member

    ATTORNEY TO THE State Bar Association.

    Write a letter to your attorney telling him you do not want him to represent you anymore. Ask him to tell you when you (or someone) can come in and pick up your file. (He is required to give it to you.)

    Contact other Disibility attys till you find one who will represent you. Explain you are not represented now. You formerly had an attorney.

    Write to the Judge and tell him/her you are taking this action.

    Contact another attorney and discuss the advisibility of a malpractice case against the first attorney. You can get a referral from the State Bar Association or other associations such as the City Bar Assc.

    You should take the same steps w/ the banckruptcy action. The attorney can no longer represent you in any action as he has a conflict of interest.

    Good luck.
  9. Scarlett65

    Scarlett65 New Member

    Thank you all for the replies and help. It helps just knowing that I am not crazy to feel like this is all wrong. I contacted Social Security their reply was:

    If you have contacted SSA, and our computer shows the case has been
    dismissed, that is the fact as we know it. If your attorney knows something
    else, or has other information, please ask him to give you some written
    documentation. If he is unable to provide proof that he has rectified this
    problem, please go to your local Social Security office as soon as possible
    to file a complaint against your attorney, and to ask for good cause to
    appeal the dismissal.

    So what I have to do is this. My bankruptcy should be discharged within the next two weeks so I will wait til the end of the month at the latest and then go file a complaint and start the process with Social Security to get my good cause to appeal the dismissal.

    I feel bad about having to do this because I felt like this attorney was our friend. I do know that the appeal was late because his wifes mother passed and his wife works in his office and she took the death hard. I hope it doesnt come to me having to file a complaint but hey I have to take care of myself. I will let you all know what happens just in case it happens to one of us again.