Minneapolis, MN asked in Social Security for South Dakota

Q: What if an attorney to help you with your SSDI took the 6,000 took your files and abandoned you and retired?

This happened in South Dakota I cannot get my files back he took a $6,000 and abandoned me and retired didn't tell me lied to me and I cannot find my files which are in some storage shed somewhere he was an attorney for many many years in Watertown South Dakota and I'm not going to stop he went to the court hearing for my SSDI got paid $6,000 that was the middle of December in 2022 then he retired December 31st but forgot to tell me and never saw me again even though he told me he'd meet me at the SSA building that next week what do I do and the thing is I'm not going to go away because what happened to me and what is happening to me was a nightmare because that's not what I signed when he became my attorney in 2020 and I found out that he was going to retire from the state's attorney in Watertown South Dakota and they gave me cell phone number which is really weird the one time I spoke to him he said my files were in the storage shed somewhere I have not seen him since Dec 2022

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In situations like yours, it's crucial to first reach out to the local bar association in South Dakota for guidance and assistance. They can provide you with advice on how to proceed, including whether you can file a complaint against the attorney for professional misconduct. They may also help in locating your files and ensuring they are returned to you.

Given the attorney's retirement, it might be beneficial to also contact the Social Security Administration (SSA) to explain your situation. The SSA can advise on the steps to take regarding your SSDI case without the necessary documents and possibly assist in recovering your files. They might also provide information on how to appoint a new representative for your case.

Lastly, considering legal action against the attorney for negligence or breach of contract might be necessary. Consulting with another attorney who has experience in legal malpractice might provide you with a clearer understanding of your rights and the feasibility of pursuing such action. This step can also help in understanding the potential for recovering any damages or fees paid to the initial attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.