ComplaintsforKirkendall Dwyer, LLP

• Initial Complaint

  06/04/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  In January ************************************************** hopes of getting disability. I received a questionnaire to take to my personal doctor and physical therapist to fill out after examination. Then to fax those results to the law firm. I was told by the case worker that the documents were not received. I was also told by the case worker that the case was being reviewed by a *********************** in ********************. I since that phone call have had to move to another state, because I was denied SSI. Even though I have been unemployed since November 18, 2023. I was told that I had liquidate my assets to have money to live on. So I cashed in my personal **** now waiting on the sale of my mobile home in *******. To pay off the mortgage and have some money to live. Back to the reason for hiring them is that I have degenerative joint disease in my left hip. This requires a total hip replacement surgery. I am down to my last $1000.00 of my life savings, luckily I am living with family. I also have a now orthopedic doctor that is going to view my medical records. I had surgery set up in ******* this past April, but had to cancel because of financial reasons. Not because I didn't need the operation.

  Business response

  07/30/2024

  Our team was able to successfully speak with Mr. **** on June 10th and sort out the issue with the Treatment Source Statement. Our team has been keeping up monthly calls with Mr. ****. 

• Initial Complaint

  03/20/2024

  Complaint Type:

  Billing Issues

  Status:

  Unanswered

  More info

  They contacted me and I have several questions!! No one answers the phone and my first case manager had an extension that did not exist and it was a woman. Now I have a man and have left a few messages and nothing . It is infuriating and frustrating! The last message I left I said if he didnt get back to me I was contacting the BBB!!

• Initial Complaint

  03/16/2024

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  I initially contacted this firm to represent me in my disability case in September 2022. They sent me paperwork to sign and return, which I did. I waited several weeks and attempted to call the office. My calls were never answered or returned. After 3 months they sent me a letter saying they had not received my paperwork. I informed them via email at that time because I could not reach a person by phone, that I was no longer interested in being represented by their firm as I felt they were incompetent and I did not trust them with my case. They ignored this and submitted the paperwork I supposedly never sent them to Social Security less than a week later.I was never able to get anyone by phone until February when they actually sent in my paperwork and my disability case officially began, despite them having been fired. From February 2023 to March 2024, I would receive a "monthly" update call (which was not actually every month) in which a person with a heavy accent that I had a hard time understanding would ask me if I had any more medical records to submit, I would answer that and they'd say have a nice day. The calls never exceeded 30 seconds. On the rare occasions I got through to leave a message for a return I call, I never received a single call back. I was denied my claim this morning. I truly believe that is because of using this law firm. They seem to want to do the absolute bare minimum they can get away with and to only care about doing the least they can do to get a check. I am disgusted at the lack of professionalism and lack of effort they put into my case. I'm going to have to appeal this case with a different lawyer and figure out how to do that before I run out of time to appeal. I have nothing positive to say about Kirkendall Dwyer. I'm glad I don't have to pay them for mishandling my case and wasting over a year of my time.

  Business response

  03/19/2024

  Her application was filed in September of 2022 with the ****************************** (SSA). Filing a disability application is in accordance with the retainer agreement signed by **************** on 09/18/2022. My firm then began contacting her regarding forms needed by SSA that were sent directly to the client (from SSA). Communications between my office and **************** are itemized in my database. Although some communications were successful, we were unable to reach her on several occasions and on one occasion she disconnected the call abruptly. That said, there was not a direct communication where I can see she asked us not to represent her or said we weren't her attorney. In light of her complaint, we will withdraw as representatives and will waive attorney fees. 
  
  I do apologize for her experience with the firm. It is our intention to provide meaningful updates and information to her and evidently that was not the case here. I will forward any documentation or information to ******************** new attorney upon request. 
  
  I have not received a denial letter from SSA regarding her case, but that *** be because she has another attorney of record. She has to file her appeal within 60 days of the date of the denial letter and should consult with her new attorney immediately for next steps. She can also call SSA directly at ************ for information and I would encourage her to do so immediately as well. 

• Initial Complaint

  09/14/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  This law firm continually sends information to a person who has never lived at this address & is unknown to homeowner. I continually write "Return to Sender" on the envelopes, to no avail. I have called them, 9-14-23, & phone rang for over 5 minutes with no answer. Screenshot attached as well as current envelope photo (9-14-23).Someone is probably not being represented properly based on complaints found on the BBB site. Next email will be to the State Bar of TX if this is not addressed promptly by ********************************************* law firm.

  Business response

  10/10/2023

  Good morning! 

  We sincerely apologize for the inconvenience. Please note that we have not received any mail with "RTS" on it, however, our team has removed the information from our systems and you should no longer receive mail from our firm. 

  Thank you for bringing this to our attention and allowing us to correct. 

• Initial Complaint

  08/29/2023

  Complaint Type:

  Customer Service Issues

  Status:

  Resolved

  More info

  Dear ***/*****,I am writing to express my disappointment and frustration with the handling of my disability case. Despite providing all necessary information and documentation, I have yet to receive a satisfactory outcome.Specifically, I have not been informed of any non-conformance issues related to my case. As such, I am left in the dark as to what needs to be addressed or corrected. This lack of transparency and communication is unacceptable.I urge you to rectify this situation promptly and provide me with the necessary information to move forward with my case. I expect a timely and fair resolution to this matter.Thank you for your attention to this matter.Sincerely,*******************************

  Business response

  10/10/2023

  Our records show that the team reached out to ******* and has addressed his needs. If anything additional is needed, please let us know. 

  Thanks!

  Customer response

  10/10/2023

  I have reviewed the business response and accept this resolution. 

• Initial Complaint

  05/03/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I entered into a contract around June 2022 for this law firm to represent me in my disability claim for social security benefits. I first began working with case manager, *********************** and next *************************** and could never get in contact with either. The case managers from the Kirkendalldwyer firm wants me to pull and request medical records and documents to send to the social security administration. The representative from the social security administration that is assigned to my case contacts me to gather information regarding my claim, since she can't get a response from the law firm. I have asked that the law firm Kirkendalldwyer cancel my contract since I no longer want representation. I wish to cancel contract with them and have requested the forms to do and have not received.

  Business response

  09/13/2023

  Kirkendall Dwyer submitted a document to the government on May 4, 2023, advising that we are no longer representing the client and did wish to assert a fee petition should the case be awarded. This was at the request of ************. We did experience turnover at the case manager position and that's why more than one case manager worked on the file. We request all medical records for a client directly from their medical providers. We do sometimes, however, ask for the client's help obtaining written statements from their treating doctors. This is because those documents tend to be returned quicker if the client gives it directly to the provider versus a law firm. 
  
  
  It is our policy to allow SSA to contact our clients directly if information is needed. This helps SSA process the claim more efficiently instead of trying to sync with a law firm for every communication. 
  
  
  We do our best to get to every phone call as they come in or the same day. This is a goal we hit most of the time. That said, there are times where we miss the call and are unable to connect with a client when we try to reach them back. In this particular case, I can confirm we spoke to ************ on the following occasions: 
  
  
  7/22/22
  8/19/22
  8/30/22
  10/18/22
  2/15/22 (attempted to reach the client)
  3/13/22
  
  
  Despite our efforts. ************ was unhappy with our services and asked that we withdraw from representation which we did. 

• Initial Complaint

  10/21/2022

  Complaint Type:

  Customer Service Issues

  Status:

  Resolved

  More info

  These people are incompetent! Want client to do all of their work for disability case. Rarely get to speak to anyone on the phone and when I do they know nothing about my case. Told me they would email me forms to fill out when I could just get them from ssa myself I waited 2 weeks for them and made phone calls and no calls back and no emails! Went to ssa myself filled out necessary forms including ssa form stating I no longer want them to represent me. The next day they send me an email thanking me for signing forms THEY SENT WHEN THEY NEVER SENT THE FORMS! These people are not at all professionals and should not be in business scamming others seeking disability!

  Business response

  03/08/2023

  Business Response /* (1000, 10, 2022/12/15) */ Ms. ********** retained KD on 7/7/22 to represent her in her disability application that was already on file with the SSA. During KD's representation, here are the contacts recorded in our software: 7/13/22 Call from KD to SSA representative to confirm claim status 7/22/22 Call from KD to client for update, client not reachable, left voicemail 7/25/22 call from KD to client for update, client not reachable, left voicemail 7/25/22 client returned call to KD, updated client on claim 7/29/22 call from KD to client to get information about work history, client not reachable, left voicemail 7/29/22 client returned call to KD, client will contact SSA to give them the work history 8/1/22 call from KD to client to get more information on work history 8/4/22 client calls KD to inform unable to reach SSA to confirm work history 9/28/22 call from KD to SSA for update, case was closed for decision at field office and will be mailed to the client 10/4/22 call from KD to client to update status of case 10/13/22 call from client to KD, case manager unavailable 10/14/22 call from client to KD, case manager unavailable 10/19/22 call from KD to SSA to confirm status of the case Ms. ********** then emailed KD on 10/22/22 informing us that she fired us when she went to the SSA office in person. She was upset the work history forms had not been submitted on her behalf and because she was unable to reach her case manager at KD. The client would have been mailed the work history forms when she applied on her own or with another lawyer earlier this year, before coming to KD. There are times when the law firm will ask for the client's help in getting required forms sent to SSA. This is because wait times are much longer at the SSA field offices and the SSA offices themselves have proved to be more unreachable since opening to the public in April of this year. Sometimes we can see more efficient response times from SSA when the client appears in person at a local SSA field office. It is not something we rely upon, but in this instance, it would have made sense to offer that suggestion to Ms. ********** earlier in the process. It should be noted that this form cannot go directly from the law firm to SSA. KD can forward a copy to the client and have the client return it to KD to be sent to SSA or can have the client complete and then mail the forms to SSA themselves. The more efficient manner is to have the client take their forms in person if they are able and have transportation. The case manager handling Ms. **********'s claim is relatively new and was being overseen by a senior case manager. The issue with forwarding the work history information to SSA should have been escalated to the senior case manager. This was an oversight on KD's part. It is also our goal to return our client's phone calls the same day they are received and to be more consistent in our communications. KD will be organizing a training session using this case an example of what not to do in the future. I greatly apologize to Ms. ********** for her experience with KD. Consumer Response /* (2000, 12, 2022/12/16) */ (The consumer indicated he/she ACCEPTED the response from the business.) Yes but I DONOT want them to represent me! I didn't even know I was working with ********** *****! Very shifty!

• Initial Complaint

  12/22/2021

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I have been attempting to have this law office withdrawn from my SSDI case. For some reason every time I call them it's "let me talk to ******** and get back to you". How hard is it to submit the withdrawal. I don't want you as an attorney. My application was never filed my last name was wrong so all I need is a letter or something from the stating they are no longer representing me. I have tried to do this over the phone to no avail. So maybe this way the attorney will see it since that's who the lady who keeps answering the phone says needs to do the withdrawal. I just want this handle and I will never bother you or send anyone your way I promise.

  Business response

  02/04/2022

  Business Response /* (1000, 5, 2021/12/28) */ I apologize for the delay. The proper paperwork has been submitted. We no longer represent you in your disability claim

• Initial Complaint

  12/01/2021

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  On August 28th, 2019, I submitted case against the Earplug company "3M" as apart of the massive class action lawsuit against the company for providing members of the US Armed Forces defective earplugs. I used these earplugs in training in the United States and while deployed overseas in Iraq on Operations. I submitted paperwork to a law firm called "Kirkendall Dwyer LLP" through various paralegals employed or contracted by the firm. The firm requested sensitive information such as my social security number, military records, medical records, etc in order to process the claim. I've received updates periodically from paralegals about the case status. Suddenly the updates stopped. I called and left several voicemails in order to receive updates. No one at the company returns my calls or replies to the several emails I sent. This is very concerning because of the sensitive information I provided to the company. If this can't be solved in a timely manner, I will notify the Federal Bureau of Investigation concerning this matter.

  Business response

  02/03/2022

  Business Response /* (1000, 5, 2021/12/02) */ Hi Mr. ********I will make sure a case manager calls you back ASAP. The cases are still ongoing.

• Initial Complaint

  10/27/2021

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Let me just first say, when it's your first time going through the disability application process it came be extremely overwhelming especially when you're disabled. In the beginning with Kirkendall Dwyer I wasn't met with great service but then requested a new case manager and was met with the assurance and hard work that I needed to feel confident. Months later I finally got a hearing date and I tried to call my case manager, my hearing case manager and my case management supervisor and each of their extensions it said this account has been suspended. So I emailed, called, left voicemails and their website was so buggy I could not get in touch with anyone till days later informing me that all of those people no longer worked with the company and I hadn't been assigned a new case manager yet. Why wasn't I informed of this important information? So that person I spoke to had me update information for my file with her and then I received a call from my new case manager 2 days later and he was missing so much information and some of it was very inaccurate and I had to retell it all over again with him. Which obviously isn't his fault it's their system and he's been very kind to me. And now find out that I lost the case managers I trusted because they outsourced their jobs. Today I asked my case worker for copies of all my information and forms because I no longer trust the evidence they are submitting is accurate and I was told multiple times that I wasn't allowed to get them til after my hearing. My hearing is in 2 months and I don't feel very confident or assured that my case is being handled well. And who wants to feel that way when you're trying to receive the financial and medical support you truly need for your disability.

  Business response

  02/04/2022

  Business Response /* (1000, 7, 2021/11/12) */ I do apologize for your experience with our firm. Despite our best efforts, I can assure you that your case is still on track for your upcoming hearing. An attorney from our office will be calling you today with an update (if you have not been called sooner). You will see a difference going forward. I thank you for coming forward with your concerns. They will be addressed. We have enforced layoffs over the last year and a half, in addition to terminations for poor performance. Both circumstances are hard decisions that have become inevitable in a remote work environment in the middle of a pandemic. When those decisions are made, we do everything we can to make sure the client is notified and that another qualified employee is able to immediately take over the case. The last thing we want is for a client or a case to suffer because of a decision made on our end. We are constantly working on improving our processes and meeting our customer service goals. Consumer Response /* (3000, 9, 2021/11/19) */ (The consumer indicated he/she DID NOT accept the response from the business.) I completely understand that layoffs are inevitable especially during Covid and there will be mistakes and mishaps during the growing pains of change of staff. I am very sympathetic towards that. However in your response on 11/12/2021 you stated "An attorney from our office will be calling you today with an update (if you have not been called sooner). You will see a difference going forward." It is now one week later 11/19/2021 and I still have not been contacted by anyone. The only person I've spoken to is my case manager Gideon who I contacted today (11/19/2021) to inform and update my medical files. Business Response /* (4000, 13, 2021/12/16) */ Good afternoon. My SSD Director indicated that the team has followed up with you regarding this matter. Do you have additional questions or conncerns?

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