I frequently get emails from frustrated disability claimants who are upset at the long delays. Often the claimant expresses frustration with his lawyer because of the delays. Earlier this week, for example, I received an email from an individual who is suffering with a fairly significant medical problems and who is about to lose her home – she wanted to fire her lawyer and retain me. I responded by telling the claimant that the delays were not her lawyer’s fault and to stay the course. In that case, I happened to know the lawyer and I also told her that she had very capable counsel.
This morning I received a slightly different question about attorneys, which I will reproduce here:
I hired a law firm to help me with my disability appeal. I am at the ALJ stage and needed help filing that appeal, representing me at the hearing. It is going on 3-4 weeks of talking with the lawyers clerk about filing for me. They say they filed one day, then the next say they are going to be filing, this has gone on 4 times now. Although I have not talked to the actual attorney that will be representing me, I don’t mind as long as the person I do talk to knows what they are doing and are truthful about it. What advice can you give me to handle this situation? Should I fire this firm and find another? I appreciate your suggestions, thoughts, advice.
Thanks,
Leighann
My response: Leighann’s question raises a somewhat different issue than delays. Here, the problem is lack of communication. Since short (60 day) deadlines are involved, I think that Leighann has the right to be concerened about missing the deadline.
Bear in mind that not missing deadlines is topic #1 in any malpractice or lawyer discipline seminar. Every law firm should have a solid calendaring system to insure that no deadlines are missed.
Given the run-around that Leighann has been getting, it may be time for becoming a bit more forceful in her communications. I would advise her to get the name of the paralegal who is assisting her, then write a letter to the paralegal, with a copy to the lawyer who is the actual representative. The letter should express her concerns (like she did in her email to me) and ask for a copy of the filed appeal paperwork. Both copies of this letter should be sent by registered mail, return receipt requested.
I don’t know the law firm at issue, but if they handle Social Security cases regularly, I would be surprised if they did not have the appeal deadlines of their cases under control. However, nothing gets the attention of a lawyer like a registered letter from a client inquring about possible missed deadlines.
JG ….
Nice post …. we have success advising applicants to establish a communication plan when they agree to be represented or are concerned about their representation.
The key component is to have a conversation with the personal that is intimately involved on the case every 60 – 70 days. Considering that it is a long process there may be periods of low to no activity. If so then its suggest to ask what is the plan of action over the next 60 – 90 days to
advance the case.
Best – Brian
I have a rather difficult situation going on I need answers from. I hired a law firm to represent me in my disability case, I was denied ny the judge. She was absolutely no help to me at all, I wanted to fire them and hire another lawfirm, her boss called and told me he would call me once a week to let me know where my case was, he was going to get my money made alot of promises so I kept them. When it came time for me to file a new case I hired a different attorney to handle it, I was told to open this case and they might approve me and I would at least have an income coming in while waiting on my first case. The first case is now going on 49 months, the new one 9 months. I received a reply from SS that they were not going to give me a decision on the second case until the Hearing & Appeals made a decision on the first.
My lawyer said she had never heard of this have you, and is it possible for them to do this?