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I was denied disabilty retirement because my lawyer filed late whatcan i do now.

Albany, NY |

I hired a lawyer to file a disabilty retirement application 8 months before it was due. He filed the application 5 months late. I was denied, on the basis of late filing. The Dr. representing my employer agreed i could no longer do the Job and i was awared social security, i worked this job for 24yrs. Everything pointed to me being awarded disbility retirement.

Attorney Answers 3


  1. Best answer

    In order to succeed with a malpractice action you need to show that the attorney committed professional negligence and but for that professional negligence, you would have received a different result. Assuming that you can show that you would have qualified for the disability pension, the attorney's negligence is fairly simple to show. The damages would be difference between what you receive each month vs. what you would have received. These tend to be relative easy cases to settle since assuming the lawyer has insurance, the insurance company can relatively easily convert the anticipated damages into present value OR purchase an annuity that guarantees you that amount each month. You shouldn't have too much difficult finding an attorney to take the case, although, many firms such as mine that pursue legal malpractice cases reserve the right to withdraw if the attorney is not insured. That said, it sounds like a decent legal malpractice case. Where is the attorney located?

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  2. It looks like you'd have to go after your lawyer for malpractice. I would ask a couple of questions first: (1) did your lawyer have a reason for waiting 13 months to file your application? Was there some piece of information he needed and couldn't get? (2) Was the late filing the only reason your app was denied? If you had filed it on time, are you certain you would have gotten it approved?

    You might have gotten your application denied based on the late filing, but it is possible it could have been denied on other grounds even if it had been filed on time.

    Hope that helps.

    Andy

    The answer provided above is based upon California and/or New York law and is based solely upon the limited information provided by the poster. No attorney-client relationship is created. A future in-person consultation may reveal additional facts that may change the answer provided.


  3. In addition to consulting with a malpractice lawyer, you may wish to check with another disability lawyer to determine your appeal rights, if any.

    Sorry to hear about your situation.

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.

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