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Scott Edward Stewart

Scott Stewart’s Answers

8 total

  • 1st Question! Can an attorney without client consent agree to a settlement? 2nd Question time frame for a judge to make ruling?

    Is there a legal or typical time frame for a Federal Judge to make a ruling on summary judgment. The longer he takes whom side can take that as a good sign? I know the saying the longer a jury is out it's bad for prosecution so I was wondering if ...

    Scott’s Answer

    It is my belief that as and between you and your lawyer that you must approve any settlement and knowing consent after being told all material terms and that a lawyer can not enter into a settlement of your claim without your approval. As it relates to third parties the opposing party and the court, Your lawyer has apparent authority to enter into a settlement and your lawyer in your case or any lawyer in any case enters into settlements on behalf of their clients. Those settlements may or may not be confirmed by a judge if you make an objection there is no way to predict without having the facts how the court would rule since that is the judges province. Appreciate that the oppossing lawyer is clearly going to move to enforce the settlement.

    A judge rules when when they decide they have a decision. I read nothing into delay.

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  • Will settlement of a law suit impact my SSDisabality

    my co. fired me while disabled, I sued and they are settleing for 65k will this ni NY effect my SS?

    Scott’s Answer

    there are two types of SSD one is SSI Title 16 the second is SSDIB Title 2. Check your social security order for the type of benefits you receive, if you are unsure then call your social security office. Title 2 is not reduced or extinguished by the receipt of a settlement SSI Title 16 is. In addition settling a Discrimination claim where you received lost wages for work lost that includes time you lost while receiving disability payments is a completely seperate issue and the receipt of SSD benefits if your settlement or claim took a contrary position is a problem you must discuss with the lawyer who handled the discrimination case. Clearly he or she has the facts to answer this

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  • I have just had an awful experience with an attorney. Do any of these actions constitute legal malpractice or ethic violations?

    For 5 months he led me to believe he had filed my bankruptcy and then I learned he had never filed it. Instructed me to lie about income and expenses on the bankruptcy petition. When we were discussing the "claims" section of the petition and wh...

    Scott’s Answer

    I am licensed in ohio not your state. In Ohio each of the allegations you made have been the subject of seperate ethics complaints and when found to be true ethics violations. They are: instruction to a client to lie if proved isa vioation., Failing to keep the client appraised and neglect of a clients case is a violation. Contact an attorney in your state to discuss the failure to list your PI claim which is a asset of the bankruptcy estate and may still be able to be listed. Also that lawyer can investigate the conflict that lead to the case not being listed. ask that lawyer to consider and advsie you what your damages are since as a listed case it may be a bankruptcy asset. good luck.

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  • I wanted to know if you could collect both unemployment and ssdi at the same time.

    I have been collecting my unemployment since 2010 and just got my disability in march of 2011 and still I am getting unemployment is this legal?

    Scott’s Answer

    I practice in ohio but Social Security law is a national standard. You can not get SSDI and unemployment at the same time. unemployment by definition is paid because you are ready and able to work. Social Security disability by definition is paid only to persons who are unable to work for a year or longer. There are exceptions for part time work, but by and large that receipt would be a hinderance to your winning a SSDI claim.

    Scott Stewart
    Stewart & DeChant, LLC
    Scott@stewartdechant.com
    2167812258

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  • I wanted to know if you could collect both unemployment and ssdi at the same time.

    I have been collecting my unemployment since 2010 and just got my disability in march of 2011 and still I am getting unemployment is this legal?

    Scott’s Answer

    I practice in ohio but Social Security law is a national standard. You can not get SSDI and unemployment at the same time. unemployment by definition is paid becasue you are ready and able to work. Social Security disability by definition is paid only to persons who are unable to work for a year or longer.

    Scott Stewart
    Stewart & DeChant, LLC
    Scott@stewartdechant.com
    2167812258

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  • Can I get my home back if I win my legal malpractice lawsuit ?

    I will be seeking legal action against my attorney who (knowingly) failed to file my bankruptcy paperwork in time to stop the foreclosure of my home. Now I have lost my home, and would like to know what I 'win" if and or when I win my case. My home?

    Scott’s Answer

    I don't practice in your state but i do in Ohio. Specific performance is a difficult remedy because it require that the defendant be the entity that gives you that. An example would be you can sue a lawyer to get your file which you have a right to. You can get specific performance since he or she has the file. The lawyer however doesn't own your house, hence you can not get that specific performance only money compensation if you suceed.

    Scott Stewart
    Scott@stewartdechant.com

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  • My case now rests in Voluntary Dismissal but involves Breach of Contract and Forgery in order to share insurance commissions.

    This is a business dispute case in which my Manager forged my name to a commission agreement without my knowledge pr permission.. My complaint was filed in August, 2011; the defendant filed an answer just before agreeing to a Voluntary dismissal....

    Scott’s Answer

    I am licensed and only practice in Ohio in Cleveland. First once you dismiss a claim without prejudice under Ohio rule of Civil Procedure 41 A 1 a if the case was proberly commensed that is filed and service was obtained if the case is subject to a dismissal and what is called the savings statute you have until the normal statute of limitations would run or one year from the date the case is filed as dismissed to refile (which ever is later) if the statute of limitation had already run. You can not dismiss a case that way if the defendant had already filed a counterclaim so if the case was dismissed under that rule you must refile it. The defendant can at any time before their statute of limitations runs file a claim however they did not file a counterclaim to your initial suit so you may be able to claim they are no barred from filing a claim if the calim was a mandatory counterclaim to your original suit. As you can tell this is complicated and ony a lawyer can answer this with the full facts in hand.

    Scott Stewart
    Stewart & DeChant, LLC
    Scott@stewartdechant.com
    216 781 2258

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  • Shoulder injury

    I had an accident in 2010 were i fell do to ice in the house im renting at my arm pop out of place from my shoulder i called my lanlord and told him wat happen to to me to take a hot shower and let him know how i felt.I went to the (ER) and they s...

    Scott’s Answer

    In most states falls are very dificult cases to prove and win. Therefore the real issue in your case is whether you can win a fall on ice case. In Ohio where I practice you are required to look where you are going. Second a obvious defect such as ice is grounds to lose under what is known as contributory negliegence or assumption of the risk. You need to give the full facts to a board certified civil trial advocate in your state in my opinion as your injuries are bad and it would clearly be worthwhile for you to know your rights.

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