I want to file an appeal of my award, request my attorney Richard Sly not be paid and a complaint with the OSB.  I would appreciate an appointment regarding my options and if you want or agree, file my appeal.

 

1)     Richard Sly came extremely unprepared.  He did not know;

A)   Which program I had filed for (he thought it was SSI)

B)   The reasons for my initial denial

C)   My medical history

2)     He obviously had not even read my file prior to my hearing before the ALJ. Specically;

A)   The Physical RFC document written by Mary Westfall, MD. in part 12F of the file, where she states her reasoning for supporting denial of your claim and makes mention of your 11 minute treadmill test and states that you're found to be only partially credible.

B)   The Psychiatric Review by Bill Hennings, PHD, part 13F, where he mentions past cocaine abuse and finds you to be only partially credible.

C)   Part 8F of the exhibit file where the Cascadia Clinicians report your cocaine use and that that addiction is in remission(!)....

3)     If Sly had done his homework, and were a competent attorney, he would have been able to cast those mischaracterizations in a different light

4)     Because he hadn't familiarized himself with your case, he failed to mitigate several items in your Social Security Exhibit file that are harmful to your case. 

5)     My medical records should have proved SSDI back to 2000.

6)     I sent Mr. Sly many letters regarding my records which were not requested and requests to meet before the hearing with no reply.

7)     We only met 30 minutes before the hearing, 15 of which wasted with lewd remarks.

8)     I believe I won in spite of Sly's involvement, not because of it.

9)     I was awarded a decision of partially favorable back to October of 2006 giving me SSI.

 

Attached are the Notice of Decision (Partially Favorable 3 pages), Order of Administrative Law Judge (2 pages) and the Decision (10 pages) and several letters which were pertinent to my case.  As discussed earlier, Richard Sly, in my opinion, should be reprimanded for Ineffective Counsel and disbarred to save others and lewd behavior.

 

Two days before the hearing I made an appointment with my Pain Specialist (attached) with basic questions regarding my impairments and the question which gave me the SSI… missing more than three days of work.  I believe he based his case on that one sheet alone and a brief history of my ailments, which filed ˝ of a notebook page which was outlined by Fiancé.  She stated, “Sly made inappropriate comments to me.  They made me uncomfortable yet I said nothing at the time as I felt it was important to remain on good terms with him throughout the hearing process.”

 

On a personal note, we asked him what his winning average was.  After hedging the question he said “You can fire me right now if you want,” then “Hell, I take anybody who walks in my door and I never screen anybody.”  Can you imagine how I felt at that moment before a critical juncture in my life, being coupled with an ambulance chaser?  That alone could be a reason I was considered not credible.

 

Sincerely,

Michael Murphy

503-558-8608