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SSD lawyers can certainly be sued for malpractice.
Were you eventually approved for reinstatement on SSD through these lawyers?
I don't understand that question
They were unaware I was even eligible for reinstatement, they filed a whole new claim which I had to wait a year to just recently get a decision and I was denied benefits.
However, when I first filed...I was entitled to receive SSD payments right away up to 6 months
They did not catch this (as they admitted to) and I was poor for a year
So you were ultimately denied benefits, correct?
ultimately yes. But my RCAL (assesible living for the disabled) says im still am entitled to that 6 months EXR like everyone else. even if I was denied after the 6 months, the money does not have to be paid back
I would trust my lawyer to let me know this, I didn't know what EXR even was until my counselor told me
instead of filing EXR they filed a brand new case without even checking to see if I was eligible for reinstatement
in which, I was, and my lawyer admits to making that mistake
all in all I am out that 6000k because of this
I shouldn't have to tell them what im eligible for, I hired them to take care of me and my case right?
I think you are right that they should have known and filed for the EXR. However, I do nto believe EXR benefits are automatic, they can still be rejected.
In order to have a viable malpractice case you will have to prove that you would have been granted the benefits.
I don't know what would make me ineligible. All the ssd sites says is...If your benefits ended because you worked and had earnings, you can request that your benefits start again without having to complete a new application. While we determine whether you can get benefits again, we can give you provisional (temporary) benefits for up to 6 months.
Now I get they don't have to give me that. BUT, how would I know, my lawyer didn't even check
they had a duty to do so
They did have a duty to do so. A claim for malpractice involves two parts. The first is that they did something wrong or didn't do something they should have and I think that is apparent and you would win on that point.
However, the second part is damages. You have to prove that you were harmed in some way by their failure to do the act. In this case, you would have to prove that you would have received the benefits. If you would have received the benefits, then you are harmed by however much they would have been. However, if you would have been denied and not received the benefits, then even though they should have applied, it actually made no monetary difference.
In a malpractice lawsuit the burden is on you to prove both parts, malpractice and damages.
right. So I would have to find out on my own if I would have gotten the EXR benefits?
because I did have a resource counselor and a Disability Resource Coordinator tell me I would have.
Yes, although you may want to go ahead and talk to a legal malpractice lawyer and see if they know someone who can help prove you would have gotten the benefits.
You have to have someone who will get on the witness stand and swear under oath that you would have gotten the benefits.
ok. I just wanted to know if a chance was there. Because I really do feel like they didn't care about my case as much as they did the first time. I feel brushed off
One of the most common things you see as an attorney is that someone comes in and gives you witnesses who say they support the case but once they get sworn in they aren't willing to commit.
There is definitely a chance, it just isn't as obvious as it ought to be in this case.
ok. You have pointed me in the right direction however. Thank you for your advice
You're very welcome and I do wish you the best. If you remember, drop back by and let me know what happens.
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