SSA/Conn Fiasco 8-24-16

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Ned Pillersdorf

1 hr ·

Eric Conn fiasco update-earlier this week in the class action against Conn pending in Floyd Circuit Court we filed an “Updated Third Amended Complaint”.
In litigation you can ask that the lawsuit you filed be amended to reflect changed circumstances. The amended complaint we filed gives an updated factual history of what has transpired since the original lawsuit was filed in May of 2015. The changed circumstances include the April 2016 indictment of Conn (he is presumed innocent), the SSA filing which indicates that 85% of the scheduled 1487 redetermination hearings have occurred with a 54% disapproval rate. The amended complaint also describes Conn’s failure to produce and maintain his clients medical records, which has caused many of his truly disabled clients to lose their benefits in these unfair hearings. We obviously did not allege this information when we filed the lawsuit in May of 2015, in that the hearings did not start until about six months later.
With the consent of Conn, Judge Harris signed an order today allowing the amended complaint to be filed.
We will be posting it on my law office website www.pillersdorflaw.com. Given the importance of all of this to so many, encourage those affected to read it. Thanks, Ned”

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SSA/Conn Fiasco Update; 8-23-16

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Ned Pillersdorf

4 hrs ·

Eric Conn fiasco update – On Friday while Conn was present, his lawyer, through his lawyer he advised Floyd Circuit Judge Harris that he had not inquired as to whether or not he had legal malpractice insurance. As it turns out his prior counsel did inquire as to the status of his coverage, as did I on two different occasions. I never got a response.
In my opinion Conn did have coverage. However it further appears the malpractice insurer will not only deny coverage, but will also decline to provide counsel for Conn. The insurance denial will be based on the insurer claiming any negligence Conn committed was done almost a decade ago, and the most recent claims policy does not go back that far.
For those who been following this continuing debacle should quickly conclude that this nonsense. The truth is that Conn committed malpractice on a continuous basis. What myself and ther other attorneys have learned in representing his former clients in the 1400 hearings is that Conn consistently failed to submit highly relevant medical evidence, and instead relied on the four doctors that the SSA is suspicious of.
This tactic combined with the fact that Conn totally violated his obligation to preserve his clients records has proven catastrophic in the ongoing hearings. When the SSA sent out their suspension of benefits letters to 1500 folks in May of 2015, and only allowed ten days to submit medical evidence their was a mad dash to Conn’s office to retrieve records. The mad dashes that occurred then, and continue to this day resulted in Conn’s former clients either getting a skeleton file, or no file.
Bottom line is that not only did “Mr Social Security” botch their cases by failing to submit medical evidence, he compounded the problem by failing to preserve the important records that could have been used to remedy the terrible situation his former clients found themselves in.
In my opinion. any suggestion that Conn has not committed any recent acts of negligence is refuted by those stubborn things called facts.
Please share this. Thanks, Ned”

 

Conn facing sanction in Floyd County lawsuit

 

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SSA/Conn Fiasco Update; August 21,2016

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Ned Pillersdorf

5 hrs ·

Eric Conn fiasco update-a popular misconception of about the Rowan County Clerk Kim Davis situation is that she went to jail for her views on gay marriage. Not true. She went to jail for violating several court orders. An overlooked part of that ordeal is that Judge Bunning correctly observed that the direct defiance of court orders is actually fairly unusual.
Now that Eric Conn has been found to have violated multiple court orders, the question becomes why isn’t he in jail? One reason is that we didn’t request that as a sanction. From the perspective of his 1487 former clients him being incarcerated simply won’t help. How the sanctions against Conn will help is that their will be court orders and court action to finally learn what if any malpractice insurance he has. Unbelievably, the representation at the hearing Friday was that Conn hasn’t even notified his malpractice insurer(s). What is puzzling is that I have notified them twice without any response.
Conn has been fined $1,000 which he can escape by notifying his insurer and reporting back to the court in five days. Stay tuned.”

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SSA/Conn Fiasco Update; 8-19-16: #2

WYMT coverage. Alix did a good job of accurately reporting a complex proceeding.

http://www.wymt.com/content/news/Eric-C-Conn-appears-in-court-390740072.html

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SSA/Conn Fiasco Update; 8-19-16: #1

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Ned Pillersdorf

8 hrs ·

Eric Conn fiasco update-Conn was fined $1,000 today for his failure to comply with prior court orders as to whether or not he possesses legal malpractice insurance. Conn’s in court explanation was they don’t know if there is any coverage, in that to date he has not bothered to ask. So let me see if I understand this; you are sued by 1487 former clients alleging malpractice 15 months ago, and you don’t bother to inquire of your malpractice carriers if they are going to provide a defense and coverage? Was not allowed to ask Conn this question due to his invocation of his 5th Amendment rights.
Conn can actually get out of the fine if notifies his carrier, and potentially files suit against them if they deny coverage.
There will another hearing on our motion to certify the case as a class action on September 2nd at one. Those affected are invited to attend.”

You just can’t make this crap up,smh…

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SSA/Conn Fiasco Update: Personal

Well,I had my hearing today. I think that it went well,as does my attorney (thank you again,Mike,SO much). That’s all I can say at this point…

 

 

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SSA/Conn Fiasco 8-14-16

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Ned Pillersdorf

3 mins ·

Eric Conn fiasco update-we are simultaneously battling the SSA on several different fronts in trying to protect the benefits of the 800 former Conn clients. The number was initially 1487 but it is estimated that 46% prevailed in their hearings thus reducing the number.

1). United States District Court(s)- if your case is one of the estimated 80 cases currently pending there you are in the most peril because your benefits and health insurance have likely been terminated. You are also going to receive an over-payment demand letter from the SSA requesting you pay them back about $100,000 on average.
These cases are pending before at least seven different Federal Judges. (Our office is handling about 20). In each of the cases we have filed preliminary injunction motions asking that the benefits be paid during the appeal process that typically takes a year. The SSA has been filing partial dismissal motions as to our broad challenges that the SSA never had the right to initiate the hearings, and that the hearings are being conducted in an unfair manner.
To date there has not been any rulings on any of these motions, with the exception of Judge Hood continuing benefits for one individual because the SSA asked that a hearing scheduled for Monday be continued. We may be looking at a situation in which we get different rulings from the seven different Judges, or they may all agree.
2). There is a still a pending class action challenge in Federal Court in West Virginia. All of the pleadings have been submitted, and we are waiting on rulings.
3). The SSA has conducted about 1400 of the 1487 redetermination hearings. They are continuing. I have done more than forty, with about five more to go. The volunteer lawyers who I am in daily contact with, continue to be the best part of this ongoing awful debacle.
4). There will be a sanction hearing this coming Friday at one in Floyd Circuit Court in the class action against Conn for his brazen disregard of a least four prior court orders. Conn has been ordered to personally appear.
Stay tuned and share with those affected.”

My own hearing is at 11am tomorrow. Thank you Ned and Team,for all you’re doing/have done on all our behalfs,and thank you Mike Taylor (my attorney),for all you have done,and for coming all the way down here tomorrow to stand at my side and represent me/my family. There are no words (to express our deep gratitude)❤

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