Legal Question in Social Security Law in Pennsylvania
My lawyer is accused of foul play at SSD hearing
I was almost guaranteed SSD. I have MANY documented problems for 3 years now. In the denial letter, the ALJ said my lawer, and my new pain Dr. manufactured evidence. And, ''in all good concience could not give any weight to the dr. records, (even though the ct, mri, etc show considerable spinal cord damage)considering the conspiritorial goings on between the dr, and the lawyer!'' She sent me to the Dr, saying that he had helped many of her clients with pain issues ONLY. Nothing else. Can I sue her? Why would she do this? She was supposed to be the best, now I look like a liar! Please help! Thank you.
2 Answers from Attorneys
Re: My lawyer is accused of foul play at SSD hearing
We may be able to affordably assist you, but would need more detailed information on your case. For a free phone consultation and evaluation, contact us directly on Monday morning.
Re: My lawyer is accused of foul play at SSD hearing
First, you have only 60 days from the date of the Unfavorable Decision to file an appeal with the Appeals Council in Falls Church, VA. Do so at once.
As I understand it, your lawyer referred you to a pain doctor and the Social Security ALJ denied your claim, giving no legal weight to the pain doctor's report, and further, making disparaging remarks about the report.
I do not know that his constitutes legal malpractice, but you may wish to re-post the question as a malpractice matter.
I expect that there are other factors cited in the ALJ denial that you have not set forth. You really need to discuss the entire Unfavorable Decision with your attorney as soon as possible.
But it seems that the ALJ may have committed a reversible error in failing to analyze the medical records properly: Was the Vocational Expert properly questioned at the hearing? What weight was given to the other medical records?
No one is �almost guaranteed SSD� as many factors effect the determination of disability. These factors include your age, education, diagnoses, residual functioning capacity and finally - and maybe most importantly - the ALJ.
Perhaps this ALJ decided to NOT award you benefits and �manufactured� the decision language to make you look bad. If the pain doctor's report is truly a work of fiction and a conspiracy by the Doctor and the attorney, the ALJ should file a disciplinary complaint against the attorney for filing false records. I doubt that the ALJ has sufficient grounds to file such a complaint - and likewise has no grounds to make the outrageous contentions in the Unfavorable Decision about the report.
Call your lawyer and file a Request for Review of Hearing Decision ASAP. Good Luck.
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