Alabama=Screwed
Junior Member
What is the name of your state? I live in the state of Alabama, where the word "corruption" was spawned.
Though this involves a Social Security Disability case, the subject of this post is the attorney handling my case, so I feel this is the correct forum for my question. If not, I apologize and will repost in the Social Security forum.
Please bare with me if some of the beginning details seem to be irreverent, they WILL be needed as the facts unfold.
I was recently declared disabled by a Social Security "Determination Service", however they listed the DATE that I became disabled (Onset Date) about the time they had me see their doctor, rather than the date I actually became disabled, which eliminated "BACK benefit payments" due me of about $29,000.00.
After searching the Internet and doing a few interviews, around the first of September, I hired an attorney who specializes in Social Security disability.
I told him, I needed him to send a "Dire Need Memorandum" when he filed the appeal, to get the hearing date set as soon as possible. I explained my "Dire Need" for a speedy hearing is two fold:
The first is because my mortgage holder is threatening foreclosure, but they agreed to hold off until January 2007, on my promise that I would bring the loan current with the back payments from disability.
The other is: Three years ago, I underwent emergency surgery to have THREE heart stints put in. However, I woke up during the operation after only TWO had been placed. The cardiologist told me I needed to have the other one put in immediately, call his office and set up a date for the operation. Before the date was set, I lost my medical coverage making the operation a financial impossibility, and even put the heart medications that I need to be taking, far beyond my means. I explained to him, if I win the disability appeal, I will have medicare immediately which will enable me to get back on the heart medications, and also cover the needed operation.
The attorney sent me several forms to sign. I had a question about one of the forms so I phoned him. After he answered my question, I again reminded him about needing to send a dire need memorandum, and reminded him my home, and very possibly my LIFE depends on a getting a quick hearing date. (I've had two more heart attacks since my cardiologist told me I needed another stint immediately.) He asked me to send a letter to that effect, which I did, the very next day. I ended that letter with the words:
"So counselor, please do whatever you would do, to get a hearing date if you knew your clients home, and possibly his very LIFE depended on the speed in which you could get it done."
I also included a copy of the email from my mortgage holder saying I had to bring the loan current by January 2007 to avoid foreclosure.
About two weeks passed without hearing from the attorney so I wrote him an email asking that he or someone in his office at least confirm that he had received the signed forms, and more importantly, the "Dire Need" letter. I also wrote, the stress from not knowing if he had filed the appeal yet, was not good for my heart, and would appreciate anything he could do to relieve even the smallest amount. My doctor told me anything strenuous, or STRESSFUL, and************** well.... I could just, "Fall over dead". So I need to eliminate any stress that I can.
Four or five days later, he phoned me to say he had gotten my email, and confirmed receipt of the forms. I asked about the "Dire Need Letter", and again explained how important it is because my HOME hangs in the balance, and my LIFE is at risk. He said he had already filed the appeal but didn't include the letter with it because the appeal would go to the bottom of a stack and the letter wouldn't be read. He said "I like to give the appeal time to get to where it's going, THEN send the letter, that way someone would have to open it and read it. It sounded like he knew what he was doing.
I asked him if he thought that the hearing would be in time to save my home. He said "The judges are really backed up, but your letter should get your case moved to the top of the stack." He also said "It's going to take some time, so be patient, I'LL call YOU as soon as I have any information on it.
A few days later I got a letter from Social Security saying they had received my appeal.
Months passed and though I wanted to call him many times, remembering he said to be patient and HE would call ME, I resisted, until the tenth of this month. With just twenty days left on the foreclosure deadline, I needed some relief from the tremendous amount of stress, so I called him.
I identified myself and asked if he needed to get my file. He said "That depends on what you need". I asked if the date for a hearing had been set yet and with only twenty days left before the bank forecloses, if he thought I would get the back payments in time to save my home. He said "What?" as though he didn't know what I was talking about. I again explained about the bank waiting until January for me to bring the loan current with the back payments from disability. He said "Did you inform me of this prior to just now?" I said "Yes, several times, and it's all in the "Dire Need" letter." that I sent you." He said "Oh yeah, we were going to mail that once the appeal paperwork got to where it was going... right?" I said "That's right." Then he said: "There's no way possible, you're going to have a check in twenty days." "Even after we get a favorable decision, it's about 6 weeks before you get the check."
I was speechless for a moment, then I heard myself say "Oh my God, what can we DO!" He said "I can make some phone calls and see, but I'm going out of town." Now in a state of panic, I asked, "Is there ANYTHING, that I can do!? He said "You can try to renegotiate with your bank." When I didn't answer, he finally said "I could write them a letter on your behalf." I said "That would be BETTER, and gave him the address and name of the lady that's been working with me in their 'Loss Mitigation Program', Before we hung up, he again said "I'll make some phone calls and see what I can find out, but I'm going out of town, so I won't call you until next week." I said "OK" and ended the call.
He wrote the letter to my bank, and sent it to me. What he wrote was very generic. It said:
"I represent Mr. _ in his disability appeal and feel very sure we will get a favorable decision." If you have any questions, please don't hesitate to phone me."
That's all. Nothing about him dropping the ball, or even so much as to say, it's going to take a little longer than expected!"
He was going to "make some calls" and get back to me LAST WEEK. We're four days into THIS week, (six days away from foreclosure) and I still haven't heard from him.
Would this be considered "negligent"?
If I loose my home, what are my chances of taking him to court and taking HIS!? (His paperwork that I signed, didn't include an "Arbitration Clause") <grin>
ANY feedback would be greatly appreciated.
Joe in Alabama - 'Alabama = Screwed'
Though this involves a Social Security Disability case, the subject of this post is the attorney handling my case, so I feel this is the correct forum for my question. If not, I apologize and will repost in the Social Security forum.
Please bare with me if some of the beginning details seem to be irreverent, they WILL be needed as the facts unfold.
I was recently declared disabled by a Social Security "Determination Service", however they listed the DATE that I became disabled (Onset Date) about the time they had me see their doctor, rather than the date I actually became disabled, which eliminated "BACK benefit payments" due me of about $29,000.00.
After searching the Internet and doing a few interviews, around the first of September, I hired an attorney who specializes in Social Security disability.
I told him, I needed him to send a "Dire Need Memorandum" when he filed the appeal, to get the hearing date set as soon as possible. I explained my "Dire Need" for a speedy hearing is two fold:
The first is because my mortgage holder is threatening foreclosure, but they agreed to hold off until January 2007, on my promise that I would bring the loan current with the back payments from disability.
The other is: Three years ago, I underwent emergency surgery to have THREE heart stints put in. However, I woke up during the operation after only TWO had been placed. The cardiologist told me I needed to have the other one put in immediately, call his office and set up a date for the operation. Before the date was set, I lost my medical coverage making the operation a financial impossibility, and even put the heart medications that I need to be taking, far beyond my means. I explained to him, if I win the disability appeal, I will have medicare immediately which will enable me to get back on the heart medications, and also cover the needed operation.
The attorney sent me several forms to sign. I had a question about one of the forms so I phoned him. After he answered my question, I again reminded him about needing to send a dire need memorandum, and reminded him my home, and very possibly my LIFE depends on a getting a quick hearing date. (I've had two more heart attacks since my cardiologist told me I needed another stint immediately.) He asked me to send a letter to that effect, which I did, the very next day. I ended that letter with the words:
"So counselor, please do whatever you would do, to get a hearing date if you knew your clients home, and possibly his very LIFE depended on the speed in which you could get it done."
I also included a copy of the email from my mortgage holder saying I had to bring the loan current by January 2007 to avoid foreclosure.
About two weeks passed without hearing from the attorney so I wrote him an email asking that he or someone in his office at least confirm that he had received the signed forms, and more importantly, the "Dire Need" letter. I also wrote, the stress from not knowing if he had filed the appeal yet, was not good for my heart, and would appreciate anything he could do to relieve even the smallest amount. My doctor told me anything strenuous, or STRESSFUL, and************** well.... I could just, "Fall over dead". So I need to eliminate any stress that I can.
Four or five days later, he phoned me to say he had gotten my email, and confirmed receipt of the forms. I asked about the "Dire Need Letter", and again explained how important it is because my HOME hangs in the balance, and my LIFE is at risk. He said he had already filed the appeal but didn't include the letter with it because the appeal would go to the bottom of a stack and the letter wouldn't be read. He said "I like to give the appeal time to get to where it's going, THEN send the letter, that way someone would have to open it and read it. It sounded like he knew what he was doing.
I asked him if he thought that the hearing would be in time to save my home. He said "The judges are really backed up, but your letter should get your case moved to the top of the stack." He also said "It's going to take some time, so be patient, I'LL call YOU as soon as I have any information on it.
A few days later I got a letter from Social Security saying they had received my appeal.
Months passed and though I wanted to call him many times, remembering he said to be patient and HE would call ME, I resisted, until the tenth of this month. With just twenty days left on the foreclosure deadline, I needed some relief from the tremendous amount of stress, so I called him.
I identified myself and asked if he needed to get my file. He said "That depends on what you need". I asked if the date for a hearing had been set yet and with only twenty days left before the bank forecloses, if he thought I would get the back payments in time to save my home. He said "What?" as though he didn't know what I was talking about. I again explained about the bank waiting until January for me to bring the loan current with the back payments from disability. He said "Did you inform me of this prior to just now?" I said "Yes, several times, and it's all in the "Dire Need" letter." that I sent you." He said "Oh yeah, we were going to mail that once the appeal paperwork got to where it was going... right?" I said "That's right." Then he said: "There's no way possible, you're going to have a check in twenty days." "Even after we get a favorable decision, it's about 6 weeks before you get the check."
I was speechless for a moment, then I heard myself say "Oh my God, what can we DO!" He said "I can make some phone calls and see, but I'm going out of town." Now in a state of panic, I asked, "Is there ANYTHING, that I can do!? He said "You can try to renegotiate with your bank." When I didn't answer, he finally said "I could write them a letter on your behalf." I said "That would be BETTER, and gave him the address and name of the lady that's been working with me in their 'Loss Mitigation Program', Before we hung up, he again said "I'll make some phone calls and see what I can find out, but I'm going out of town, so I won't call you until next week." I said "OK" and ended the call.
He wrote the letter to my bank, and sent it to me. What he wrote was very generic. It said:
"I represent Mr. _ in his disability appeal and feel very sure we will get a favorable decision." If you have any questions, please don't hesitate to phone me."
That's all. Nothing about him dropping the ball, or even so much as to say, it's going to take a little longer than expected!"
He was going to "make some calls" and get back to me LAST WEEK. We're four days into THIS week, (six days away from foreclosure) and I still haven't heard from him.
Would this be considered "negligent"?
If I loose my home, what are my chances of taking him to court and taking HIS!? (His paperwork that I signed, didn't include an "Arbitration Clause") <grin>
ANY feedback would be greatly appreciated.
Joe in Alabama - 'Alabama = Screwed'