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I have posted before with no response so thought I would try again....  and put some white between since it is long.

I will be as brief as possible. PLEASE ADVICE AND HELP. 


I filed for Disability in 08. 


I was denied. My then Attorney a (retired judge) stated the Judge was going to be rough to get approval because he doesn't agree with my lifestyle. I was floored and I told him I was seeking new counsel on grounds he didn't stand up and fight for me.


I appealed my denial and hired a new attorney. I explained everything to new attorney and made sure that he would stand up to this judge if he felt my lifestyle (I am a Lesbian) was going to be a deciding factor instead of my illnesses and disabilities.


It took some time to get in front of judge again, I think it was 2011 at this point. The hearing didn't go so well, and the judge was very rude and argumentative. He interruptive everyone and I felt my attorney held his own. 


2012 I received denial letter. I was approved physically disabled however mentally was denied. Long Story short in his rambling he mentioned that my mental health issues where due to my relationship issues and it was mentioned 15 times. He finds a way to bring my relationship up in my DENIAL 15 times. 


I met with attorney who assured me we were going to appeal and there were medical records not received and the discrimination would be addressed.


I then sign a new contract with attorney and waited. 


I became ill and was hospitalized and I had a few surgeries. Due to health I had to move to another state I always called in to his office or emailed my paralegal to give updates on medical and update phone number and file.


It is now 2015, I find out threw Social Security that a appeal was NEVER filed and my case was CLOSED. 7 years I had been fighting this case. I call my attorney and he has left the firm and opened a new one. I was given his contact information from his old firm. 


I, my file, my case was LOST in the shuffle the MOVE and he wasn't even aware that the appeal wasn't filed and my case was closed. I LOST all my points, I haven't worked since 2008 and any back pay is GONE,


I live in another state and opened new case here. The good thing about that I will go in front new judge when the time finally arrives. 


My attorney has apologized profusely and is on the new case. He is doing it for free now. He keeps saying we will address the " old case" when in front of judge and it will be explained that he LOST my whole FILE and didn't file the appeal.  I do not trust him or that the old case will be addressed.


What do I do? How do I address all this? This is my life and I am drowning here and the people who are supposed to help me sink me further.

Do I need a malpractice attorney? 


Any advice or suggestion would be great



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1 hour ago, boddkr2 said:

Do I need a malpractice attorney? 


Any advice or suggestion would be great

You could consult with a lawyer who handles those kinds of matters. On the facts you've presented, you possibly may have a good claim, but there may be additional facts or circumstances that could lead to a different conclusion.

A lawyer in your area who handles those kinds of matters on a regular basis would be best able to advise you.

the 'Find a Lawyer' link at the top of the page is one way for you to find a suitable lawyer

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I agree you should consult an attorney who handles legal malpractice claims.  The attorney could at least review the underlying facts, very few of which have been shared with us.  However, given the scenario you have presented, a successful malpractice claim is a very long shot.


You applied for disability and if was denied.  You filed an appeal an you were again denied.  To win a malpractice suit you attorney would have to prove that a second appeal would have been successful.  Granted your second attorney was probably negligent in not filing your appeal.  But you have already lost your case twice.  Proving a second appeal would have been successful might be very difficult and expensive.  Good luck.

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