My application for FDR that a law firm I paid for to handle the process was returned to me as incomplete. Is this a breach?

After 28 years as a letter carrier for the USPS I found myself in a situation where I needed to apply for Federal

Disability Retirement. I decided to use a Law Firm that specializes Iin this procedure to handle

my application to ensure that all the needed information and documentation was submitted correctly. I provided them with all my medical records and visited a Doctor they recommended as well. I have already paid in full (over $4.000) for their handling of my application process. Last week the OPM sent me a letter that had to be forwarded from my old address stating that my application was incomplete. I mailed them the letter and the included check list of the missing info/doc. that was needed. They have not responded to my e-mails or voice messages since. I am very nervous.

Nathan’s Answer

What was the fee agreement with the law firm for? The responsibility of the law firm to complete any incomplete application depends entirely on what was agreed to.

How do I appeal an administrative hearing ruling in the state of California?

A ruling was handed down by an Administrative Law Judge from the Office of Administrative Hearings that I want to appeal based on disability retirement. Which court do I file this appeal and what time frame should the appeal be filed?

Nathan’s Answer

Administrative law is considered a patchwork of different protocols and rules throughout the state depending on what specifically you are trying to do and what entity is adjudicating your issue. If you are under the OAH, rules are more consistent. There are various types of writs that have been discussed (1085 writ might also apply) and as mentioned, a decision may not be final, in that you possibly have the chance to submit a petition for reconsideration. Deadlines can run tight so you'll need to find counsel that practices under the OAH to find out the particulars about your case. Move fast so you don't jeopardize any opportunities for relief at the administrative, or Superior Court level.

Drivers License Reinstatement after Medical Suspension

My 48 year old brother had his California drivers license suspended more than 10 years ago due to a head injury he sustained in an accident. He is trying to get his license reinstated. He met with the DMV, and was given a form with a section to be filled out by a physician. My brother asked the DMV employee if ANY physician (including an "urgent care" doctor) could complete the form. The DMV said that would work. My Brother has contacted a few urgent care physicians, and all have declined to see him stating that they are not familiar with this form. My brother is basically transient, and does not have a primary care physician. How should he proceed?

Nathan’s Answer

Forms are always changing. If the form is legitimate, calling more than a few urgent care physicians might work out.

Will I lose my cna license for petty theft in California

let me start off by saying it was truly miss understanding I was at Walmart checkout line and one itam didn't get scanned correctly and they called the cops and charged me with petty theft will I lose my cna license

Nathan’s Answer

An administrative or license defense lawyer will be able to address your question with more detail than can be given online. If an item did not get scanned correctly, then you should obtain a criminal defense attorney to see if they can get the charges dismissed. In the meantime, you should discuss with the administrative attorney what you will have to do in terms of reporting any conviction - and if you are called on it, you need to understand that it is not the crime itself that is usually an issue as much as non-disclosure. You need to be open, honest and transparent with any licensing authority in response to any questions or duties to report. These issues, again, can be discussed in more detail depending on how soon you contact an administrative attorney.

How do I have a deposition with no legal council?

I don't have any money for legal council and I have a deposition tomorrow morning for child custody. All this started over a shooting that happened at my house where I am a victim of a crime

Nathan’s Answer

Your question is far too involved and last minute for you to receive any meaningful advice online. If you don't have money for counsel, there is legal aid, usually in each county of the State of California.

Will marijuana infraction 3-4 years ago come up on live scan in california?

I am currently applying to take my NCLEX for the board of nursing. I am required to do a live scan. If the marijuana infraction from 3 years ago pops up, I will need to start preparing my letter of explanation. Thank you

Nathan’s Answer

Answering truthfully is paramount so order a copy of your own live-scan and inspect it for errors. Also, if the underlying facts behind anything reported on your live-scan accurately portray you in a way that does not accurately represent who you truly are, contact counsel to help you with any explanation letter if the attorney determines one is necessary after hearing your story (after you order the live-scan).

Do I need an Attorney for a Real Estate Administrative Hearing for New License

Requesting an Administrative Hearing because the DRE is denying my Real Estate Lic. I passed the RE test in January 2014. A conviction 15 - years ago was disclosed and I was granted a Certificate of Rehab from the court. However the person investiging my app took 10 months to process and get my file to the next step. She stated that she was waiting for court records. I hired a PI and they got my entire history in less than 48 hours - I shared it with her. She waited a few more months and then sent it to the RE LEGAL DEPARTMENT. She found a misdemeanor traffic ticket from 1995 that I didn't disclose (didn't remember) driving with no license. RE license was denied. Her lack of professional courtesy towards me was terrible The RE Atty told me it's in my best interest to be nice to him.

Nathan’s Answer

I second the notion of some of my colleagues that it is better to disclose manslaughter than to not disclose a misdemeanor that people generally for some reason in California don't think they can go to jail for. It is true that this violation AND FAILING to disclose it (the Board or Bureau doesn't allow "forgetfulness" as an excuse, otherwise everyone would use it) will cause huge problems. If you think the professional courtesy was lacking now, just wait until you are deeper into the process. It is crucial to contact counsel posthaste to discuss a winning strategy of what is left of your forces.

If application is submitted for a CA state license how long is the maximum amount of time they can take to approve or deny?

What kind of time frame would be expected ? One year ?

In the meantime, what is the best time to hire a professional licensing attorney. Should I wait for the decision letter before I retain an attorney ?

Nathan’s Answer

Ideally, an attorney is consulted prior to submitting the application. It takes a certain kind of finesse to be able to extract your application back from the gaping maw of the 9th level of Dante's Inferno for amendments, but it has been done before. The ability to eloquently convince becomes a strong skill to look for.

Is the owner of my apartment liable for my husband traumatic brain injury

He fell down the stairs outside of our apartment, he doesn't know how.

Nathan’s Answer

A consultation with an attorney is necessary - you may discover there is no liability because it was just a fall versus there may be liability since the fall was caused by fault of negligence of the owner of the premises.

Is there suppose to some kind of ethics involved during an initial attorney and prospect client consultation?

I had a consultation with an attorney regarding a very complex sensitive matter to me, this attorney refuses to meet face to face, then calls 40 minutes after our scheduled call time.

I'm not comfortable talking to him about defendants' names and so forth until i know hes interested in the case then he threatens that if I dont tell him that he is just going to go to public records and find out.

what????

So you mean to tell me you're going to make me MORE uncomfortable, by going behind my back and fishing for information I did not want to give you? Where is the ethics in this consultation with the way the attorney has insinuated he would breach any trust I have, and he proceeded to dismiss the call and hang up.

What can i do the next time I have a consultation in a similar situation?

Nathan’s Answer

The attorney is doing a conflicts-check and getting a lay of the land. Just as a client needs to trust an attorney, an attorney needs to trust that a client can tell him everything. That is what the attorney-client confidentiality privilege is for.