Sleepysparrow25
Junior Member
My disability attorney failed to collect medical records from a doctor that I included in my original paperwork within my contract with them, along with my main doctor. I had both doctors write a detailed letters explaining my disability and impairments. When my court date finally arrived, the attorney presented a case focused on a minor symptom of my disease. Did not seem to understand the nature of my disease or disability at all. To the judge, I then gave a detailed testimony describing all that I could, including many details that were also outlined in the letters from both my doctors. The judge seemed much more receptive and open to my case after hearing my testimony and asked questions based on statements about the extent of my illness and disability, etc.
When she asked for medical records from my attorney, to go along with my doctors letters and testimony, my attorney 1st did not have up to date medical records with my main doctor, No records whatsoeber of my most recent hospital only stay two month before, and Worse still, she had absolutely no medical records from the other doctors office, even though I had a letter which the medical records would have refuted 10 times over .
since day one, I had listed this same doctor and his office on my original contract with the attorneys office, directly underneath my main doctor. His Dianosis, testimony, notes and records alone were arguably half my case.
In the letter from that same doctor, he gave a distinct diagnosis. When the judge asked my attorney when the onset of this disorder began, she simply lied, stating it was developed as a result of my medical complications. This was was completely false. The record, had she ever read it would have never suggested anything like that. She made it up on the spot, I'm assuming because she didn't want to admit to the judge she in fact, wasn't firmlar with this (rather large) part of my case. By her own admission, She didnt have the medical records from the doctor who made the diagnosis.
Her statement was a blatant lie, on the record before the judge and myself. I wanted to say something, but wasn't given the opportunity. I was so taken back by how little she seemed to know about my case altogether, I couldnt believe it... I felt the judge could have thrown my case out if she wanted to. without the medical records needed, I knew my letters and testimony alone would not be enough.
Luckily, however, the judge took my testimony piece by piece and read them to the vocational expert as 'hypotheticals'. Each hypothetical ruled out any possible job or ability to work, according to the vocational expert. The judge said the hearing would be 'posted' until the missing records were submitted, to back up my letters and supporting the hypotheticals. She told the attorney she would have 30 days to submit those records.
As we left the court room, my attorney asked where she could get the medical records for the doctor she didn't have any from. She needed the address, phone numbers, etc. I felt completely bewildered. When I asked what came next, She was very nonchalant and said "once we get those records in it may be a few months," that was it.
I called the office a week later, still no records had been requested and updated records for main doctor had not yet been received. About an week and half later I called again, finally I was told that the records had been submitted. It's been about 51 days now. I called to check the status of the case today and was told nothing had been determined yet, but these things "take time", "could take 5 more months for the judge to make a decision " according to my attorney. I told her that seemed wrong that I should be expected to wait 6+ more months for a decision to be made when I've waited years already, bc no bothered to make sure my medical records were in in time for my hearing (despite my constantly checking to see if they were in over the last year) and that while a few more months may not seem like a big deal to her, I've been sick for 4 years, playing this waiting game for 2, and as long as I have to keep pushing myself to do work I'm physically not healthy enough to do, I'm only getting sicker with surgery as my last and final option if I get any worse. (this fell on deaf ears, Im sure)
I restated, had she been prepared, had she at the very least had up to date medical records or collected records from my other doctor which provided just as much evidence, a decision would have likely been made on my case then and there, when the judge obviously felt strongly enough about what I provided, to not throw my case out when she technically could have.
Of course, she tried to deflect all of this, claiming no responsibility.. Disregarding my point almost completely and stating again and again this is just how the system works, blaming the judge for being "notorious for taking a long time to make deicisons" etc. I stated again, the only reason my case likely wasn't thrown out for lack of medical records and an attorney with little to no knowledge of my condition, was bc it was 'that notorious judge' was the same judge who actually cared enough to see it through.
Originally the head lawyer who appointed my attorney was actually supposed to be my attorney, so I told her that if she couldn't be held accountable for anything then I would need to speak to the person who appointed her in the first place
I got a call back from my would-beeb attorney's daughter. (Apparently he doesn't work much anymore) I explained my story in great detail and immediately she started making excuses for why the medical records weren't in at the time of the case, first blaming the doctors office for not sending them and stating my hospital medical records weren't up to date because their office only request medical records 'periodically,' to be more 'cost effective'. Next, She blamed the first doctors office for taking too to send the records or failing to do so. However, I did in fact called the that doctor's office after my hearing, (when my attorney asked me the name of the office, address, phone number, etc.) At that time, they still hadn't gotten a records request, nor had they ever gotten a request to release my medical records at any point.
When I told her I knew this wasn't true, that I spoken with the office, her tone changed and she quickly changed her story. She said, "well it looks like we tried to get in touch with you a few times to get the information on where to get the medical records from before your hearing and weren't able to get in touch with you". Again, this was not true and I told her the only time anyone ever attempted to contact me was roughly a month before my hearing, to discuss where I needed to go, what time to be there, and where to meet my attorney 1 hour prior to my hearing, to go over my case. " That was it. There was no mention of medical records, and frankly I assumed they had finally been requested and received since here we were only weeks away from the hearing.
(During the meeting just before my hearing,I described how my condition had gotten even worse since the letter had been written, (which it turned she didn't have records for), but all that was brushed over hastily, as if she knew my case inside and out - or at least that's what I assumed. )
When I said I knew it was not a mistake or failure on the doctors office's end since I'd spoken with them, she again changed her story saying there was no way for my attorney to know who to call or where to get the medical records from because supposedly they 'couldn't get in touch with me' and 'I had not told them.' I then reminded her that I never verbally told them where to get my hospital/main medical records from either because just like the other doctor, the name of my hospital, majn doctor, and All the info they needed has been written on the same paperwork I signed on day one, when I signed their contract. Letters from those same exact doctors were included in my file, which clearly stated that my condition existed and the diagnosis was made long before I ever applied for disability.
Therefore, if they wanted to get the records they would've referred back to the same place, with no reason for thinking I had a new doctor or something they didn't have contact info for. Amazingly She then seemed to digress, saying regardless of when medical records were sent or received... Where they were present at the hearing or sent afterwards, she said she didn't think it would've made any difference. When she then said it could take 90 days to hear back, I reminded her it has been nearly 2 months already since my hearing, then she quickly changed her mind saying it could take, "way way longer with this particular judge." she even went on to say "sometimes she (the judge) tells people she'll have a decision for them in two weeks and we (the attorneys) have to go back and tell our clients it absolutely will not happen that way quickly."
So In short, my attorney failed to even learn anything about my disability, failed to collect medical records for a year, then once I got a hearing, failed to collect nessecary updated records, never collected and records from my other doctors at all even when there were letters by the same doctor outlining my diagnosis and it's significant effect on my ability to work or even leave the house. When I brought up these concerns, they were met with blatant lies and dismissed entirely, never once did anyone take responsibility for anything - only blamed. Nor did anyone bother offering any type of suggestion, or solutions to the fact that now because of carelessness, I'll spend another number of months trying to work and getting sicker
When she asked for medical records from my attorney, to go along with my doctors letters and testimony, my attorney 1st did not have up to date medical records with my main doctor, No records whatsoeber of my most recent hospital only stay two month before, and Worse still, she had absolutely no medical records from the other doctors office, even though I had a letter which the medical records would have refuted 10 times over .
since day one, I had listed this same doctor and his office on my original contract with the attorneys office, directly underneath my main doctor. His Dianosis, testimony, notes and records alone were arguably half my case.
In the letter from that same doctor, he gave a distinct diagnosis. When the judge asked my attorney when the onset of this disorder began, she simply lied, stating it was developed as a result of my medical complications. This was was completely false. The record, had she ever read it would have never suggested anything like that. She made it up on the spot, I'm assuming because she didn't want to admit to the judge she in fact, wasn't firmlar with this (rather large) part of my case. By her own admission, She didnt have the medical records from the doctor who made the diagnosis.
Her statement was a blatant lie, on the record before the judge and myself. I wanted to say something, but wasn't given the opportunity. I was so taken back by how little she seemed to know about my case altogether, I couldnt believe it... I felt the judge could have thrown my case out if she wanted to. without the medical records needed, I knew my letters and testimony alone would not be enough.
Luckily, however, the judge took my testimony piece by piece and read them to the vocational expert as 'hypotheticals'. Each hypothetical ruled out any possible job or ability to work, according to the vocational expert. The judge said the hearing would be 'posted' until the missing records were submitted, to back up my letters and supporting the hypotheticals. She told the attorney she would have 30 days to submit those records.
As we left the court room, my attorney asked where she could get the medical records for the doctor she didn't have any from. She needed the address, phone numbers, etc. I felt completely bewildered. When I asked what came next, She was very nonchalant and said "once we get those records in it may be a few months," that was it.
I called the office a week later, still no records had been requested and updated records for main doctor had not yet been received. About an week and half later I called again, finally I was told that the records had been submitted. It's been about 51 days now. I called to check the status of the case today and was told nothing had been determined yet, but these things "take time", "could take 5 more months for the judge to make a decision " according to my attorney. I told her that seemed wrong that I should be expected to wait 6+ more months for a decision to be made when I've waited years already, bc no bothered to make sure my medical records were in in time for my hearing (despite my constantly checking to see if they were in over the last year) and that while a few more months may not seem like a big deal to her, I've been sick for 4 years, playing this waiting game for 2, and as long as I have to keep pushing myself to do work I'm physically not healthy enough to do, I'm only getting sicker with surgery as my last and final option if I get any worse. (this fell on deaf ears, Im sure)
I restated, had she been prepared, had she at the very least had up to date medical records or collected records from my other doctor which provided just as much evidence, a decision would have likely been made on my case then and there, when the judge obviously felt strongly enough about what I provided, to not throw my case out when she technically could have.
Of course, she tried to deflect all of this, claiming no responsibility.. Disregarding my point almost completely and stating again and again this is just how the system works, blaming the judge for being "notorious for taking a long time to make deicisons" etc. I stated again, the only reason my case likely wasn't thrown out for lack of medical records and an attorney with little to no knowledge of my condition, was bc it was 'that notorious judge' was the same judge who actually cared enough to see it through.
Originally the head lawyer who appointed my attorney was actually supposed to be my attorney, so I told her that if she couldn't be held accountable for anything then I would need to speak to the person who appointed her in the first place
I got a call back from my would-beeb attorney's daughter. (Apparently he doesn't work much anymore) I explained my story in great detail and immediately she started making excuses for why the medical records weren't in at the time of the case, first blaming the doctors office for not sending them and stating my hospital medical records weren't up to date because their office only request medical records 'periodically,' to be more 'cost effective'. Next, She blamed the first doctors office for taking too to send the records or failing to do so. However, I did in fact called the that doctor's office after my hearing, (when my attorney asked me the name of the office, address, phone number, etc.) At that time, they still hadn't gotten a records request, nor had they ever gotten a request to release my medical records at any point.
When I told her I knew this wasn't true, that I spoken with the office, her tone changed and she quickly changed her story. She said, "well it looks like we tried to get in touch with you a few times to get the information on where to get the medical records from before your hearing and weren't able to get in touch with you". Again, this was not true and I told her the only time anyone ever attempted to contact me was roughly a month before my hearing, to discuss where I needed to go, what time to be there, and where to meet my attorney 1 hour prior to my hearing, to go over my case. " That was it. There was no mention of medical records, and frankly I assumed they had finally been requested and received since here we were only weeks away from the hearing.
(During the meeting just before my hearing,I described how my condition had gotten even worse since the letter had been written, (which it turned she didn't have records for), but all that was brushed over hastily, as if she knew my case inside and out - or at least that's what I assumed. )
When I said I knew it was not a mistake or failure on the doctors office's end since I'd spoken with them, she again changed her story saying there was no way for my attorney to know who to call or where to get the medical records from because supposedly they 'couldn't get in touch with me' and 'I had not told them.' I then reminded her that I never verbally told them where to get my hospital/main medical records from either because just like the other doctor, the name of my hospital, majn doctor, and All the info they needed has been written on the same paperwork I signed on day one, when I signed their contract. Letters from those same exact doctors were included in my file, which clearly stated that my condition existed and the diagnosis was made long before I ever applied for disability.
Therefore, if they wanted to get the records they would've referred back to the same place, with no reason for thinking I had a new doctor or something they didn't have contact info for. Amazingly She then seemed to digress, saying regardless of when medical records were sent or received... Where they were present at the hearing or sent afterwards, she said she didn't think it would've made any difference. When she then said it could take 90 days to hear back, I reminded her it has been nearly 2 months already since my hearing, then she quickly changed her mind saying it could take, "way way longer with this particular judge." she even went on to say "sometimes she (the judge) tells people she'll have a decision for them in two weeks and we (the attorneys) have to go back and tell our clients it absolutely will not happen that way quickly."
So In short, my attorney failed to even learn anything about my disability, failed to collect medical records for a year, then once I got a hearing, failed to collect nessecary updated records, never collected and records from my other doctors at all even when there were letters by the same doctor outlining my diagnosis and it's significant effect on my ability to work or even leave the house. When I brought up these concerns, they were met with blatant lies and dismissed entirely, never once did anyone take responsibility for anything - only blamed. Nor did anyone bother offering any type of suggestion, or solutions to the fact that now because of carelessness, I'll spend another number of months trying to work and getting sicker
