Do We Have a Case?

[workathomemom]

What is the name of your state? Currently Live in NC - Hubby was injured in VA

Hubby was injured in a work-related accident in August of 1992. He retained a workman's comp attorney to protect his rights.

Here's the deal...hubby asked his attorney several times if he should apply for SSDI while within the 5 year window...attorney kept telling him that as long as w/c was paying him, not to worry about it.

Long story short, in VA, you can collect temporary total disability for 500 weeks, which extrapolates out to a little less than 10 years...around about year 8, attorney finally said that hubby should apply for SSDI...of course, he was denied, because SSDI only looks at medical evidence within the first 5 years from the date last insured...we went through every avenue and he was totally denied for SSDI...he can't reapply now, because he doesn't have enough work credits...

My question is can we bring a cause of action against the w/c attorney for not recommending applying for SSDI until it was too late. Evidently, my husband was one of the first clients this attorney had who went the full 500 weeks of disability, so the issue, I guess, had never come up before...

We settled his medicals about 2 years ago, so he represented him up until that time.

I'm sorry this is so long, but it's kind of convoluted and complicated...

Thanks