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Author Topic: do I need a new attorney?  (Read 3165 times)

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Offline wolfter

  • Member
  • Posts: 5,470
do I need a new attorney?
« on: October 20, 2010, 11:57:15 AM »
I finally applied for SSD September 2005.  I thought it was going to be easy to make a determination.  I rec'd my 2nd denial notice in March 2009 while I was in the hospital being treated for an AIDS defining illness (cryptococcal meningitis).  I went ahead and hired an attorney.  I am concerned because he rarely communicates with me and we have a hearing on December 10th.  Should I still be having to gather all my records and submit them.  I could show a list of emails between us, I ask specifics and only receive 10 word answers.  I have to have a few procedures done before that time and I'm concerned about his following through.  Who's to blame if we go to the final hearing and my file isn't updated?  I guess I expected when I retained an attorney, that he would be responsible for this.

thanks in advance!
Being honest is not wronging others, continuing the dishonesty is.

Offline JR Gabbard

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  • Posts: 283
  • Union Jacks
Re: do I need a new attorney?
« Reply #1 on: October 20, 2010, 12:48:10 PM »
It is your attorney's ethical duty to make sure your case file is complete before you go to the hearing.

I'm assuming that the 2 denials you received were from the initial application and the reconsideration, and that you haven't been to an ALJ yet on this claim.  Your attorney probably already has all of your medical records that were submitted for those 2 determinations.  If there is any new medical evidence that was developed afterward, he needs copies of that, and of any new statements  from your doctor that might affect the determination.  If he thinks he needs that, he would probably arrange for it.

Having said that, it is still a very good idea to gather your own records (I advise everyone to keep a personal  copy of all medical records--just ask the nurses once a quarter).  Also, if you have any new procedures done make sure you get a copy before the hearing just in case your lawyer hasn't received it yet.

Failure to adequately communicate is the biggest complaint clients have against lawyers.  It is frustrating when you are going through something this big, this stressful, and the person who is helping you through it doesn't appear to be paying much attention to it.  I don't know much about your case specifically, but it might be that he thinks you have a strong case, he's got the records, and now there's nothing to do but go to the hearing, present the evidence and make the arguments.  Or he might just be a jerk.

If you want me to look at the e-mails between you, PM them to me.   I might be able to tell you which he is.
It goes like this
The fourth, the fifth,
The minor fall, the major lift,
The baffled king composing Hallelujah!

L. Cohen

Offline wolfter

  • Member
  • Posts: 5,470
Re: do I need a new attorney?
« Reply #2 on: October 20, 2010, 01:36:16 PM »
Thank you.  I did send the communication between us.  I just hope I don't appear too brash.  I'm definitely not a shy person and sometimes even my emails are a little too loud.

Thanks again!
Being honest is not wronging others, continuing the dishonesty is.

Offline mewithu

  • Member
  • Posts: 160
  • mewithu
Re: do I need a new attorney?
« Reply #3 on: November 01, 2010, 11:49:53 AM »
Call, Quick Aid  I don't remember their number but i am sure you can find it on the computer
1997 is when I found out, being deathly ill. I had to go to the hospital due to extreme headache and fever. I fell coma like,  two months later weighing 95 pounds and in extreme pain and awoke to knowledge of Pancreatis, Cryptococcal Meningitis, Thrush,Severe Diarea,  Wasting, PCP pneumonia. No eating, only through tpn. Very sick, I was lucky I had good insurance with the company I worked for. I was in the hospital for three months that time. 
(2010 Now doing OK cd4=210  VL= < 75)
I have become resistant to many nukes and non nukes, Now on Reyataz, , Combivir. Working well for me not too many side effects.  I have the wasting syndrome, Fatigue  . Hard to deal with but believe it or not I have been through worse. Three Pulmonary Embolism's in my life. 2012 520 t's <20 V load


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