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Should I switch attorney?
10-30-2009, 10:31 PM
Post: #1
Should I switch attorney?
Hello, All,

I am very unhappy with my attorney who spoke to me only once during these two years since he represents me.
I am dealing with his paralegal, who seems to be very knowledgable and does all the appeals etc. but lately she hinted, I might have a lost case.
Caseworker stopped my timeloss check in September because vocational counselor concluded, I have one transferable skill(receptionist) and my w/c doctor agreed I am able to do this job.
I disagree as I don't have the skills necessary to do this job(like Excel or Quickbook)and nobody would hire me without these skills.

Paralegal filed appeal in my behalf about a month ago, but told me, in 15 years, she had only one client who actually won the vocational dispute.

In 2007, an other vocational firm concluded, I did not have any transferable skills, retraining wouldn't work either, so they recommended pention.
My caseworker didn't accept their recommendation, fired that firm and hired a different one. I had about nine counselors working with me since 2006 so this last one finally found something what my caseworker liked, so she could close my claim.

My daughter tells me, I should switch attorney before there is a decision on my vocational appeal, she thinks, it might be too late later.
I don't know what to do. This attorney is my second one. The first one lasted only two weeks as he didn't even return my calls and I was running out of time for an other appeal.
My current attorney lost me a very important hearing in the past, he recommended a doctor who doesn't stick up for me and I am sure doesn't even remember my case.

The really bad thing is, after several IME's, the last one gave me a ZERO percent rating on both hands, after I had five surgeries. He took away the previous IME ratings, which was only 5% on both hands.

So my question is: should I hire a third attorney before this appeal decided or should I wait? I don't even know if someone else is willing to take my case, but at least I like to try before I give up completely.

I am in Washington state, I had surgeries on both hands for tendonytis, carpal tunnel, trigger fingers(thumbs) between 2004 and 2006.

Thanks for reading.
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10-31-2009, 09:44 AM
Post: #2
RE: Should I switch attorney?
all you can do is try Kati

;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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10-31-2009, 11:10 AM
Post: #3
RE: Should I switch attorney?
Kat., My Opinion would be to Call and Ask for a Set-Down Appt. with Your Attorney, it's Time to Clear the Air and get the Answers You need!! You have Plenty of Past Evidence to Support Your Claim, if it's Presented Properly in Your Appeal! It's a Tough Call, You May not be able to get another Attorney this late in the Case, but a Few Phone Calls wouldn't Hurt!! My Very Best, and Please Keep Us Informed!!Wink

Failed Back Surgery, Chronic Pain, Totally Disabled.

Knowledge is Power, Especially in the World of w/c. Learn as Much as You can about Your States w/c Laws, and don't Fight Battles alone, They Use Attorney's, and so Should You!!
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10-31-2009, 12:01 PM
Post: #4
RE: Should I switch attorney?
I agree, you need to sit down face to face with this attorney. Don't go into the meeting unarmed. Write a list of your questions and concerns. Don't leave anything out and then check them off one by one in the meeting. Ask him to excuse you while you write down the answers to your questions. Even read them back if you need to, to make sure you have it right. It is going to be hard, and I really don't think it would be wise to change this late in the game. It could well be that this attorney just hasn't had the exact concerns put to him or her. I know that attorneys are supposed to be there for you and to fight for you, but you really need to be extremely proactive in these situations. If there is something you don't understand or have concerns about, you need to address them. Do it first thing Monday morning. Call the office, set the appointment, do some research on the internet, form your questions, and write them all down along with every concern you have. Don't do it the morning of the appointment. If you do that I assure you that you will leave something out.

Best of luck. And remember to keep posting here since people here have been through it all before and can help you.
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