My decision re: Gary

I've left multiple phone, email, and cell phone messages with Gary and his office this week and haven't received a reply from him or his associates regarding the inaccurate letter he sent to CA's Department of Managed Health Care on August 13. It may just be the initial letter of notification that he's my legal representative, but the letter itself is aimed at an insurer, not a review board, and it gets the facts of my case wrong. Now, he's been out of the office, I've heard he had deaths in his family, and this may not be good timing for him ... but the folks at CA's DMHC aren't going to care about any of that. Anyway, I left another cell phone message for Gary and a phone message at his office, indicating that unless I heard from him by end of day today, I'm going to void our agreement and represent myself going forward. I'm afraid of him doing more harm than good at this point. Sloppy work I do not need, thanks very much, and I'd rather lose the money (they offer no refunds though certainly I'll make a pitch, based on totally inaccurate work, that they did provide the advertised services). I'm ready to send my appeal to the DMHC directly on Monday -- it's what I sent Gary, and it's entirely ready to go. I'll keep you posted. Alison * * * * Quest for DS officially began 2/28/05 Currently appealing insurance denials to CA's Dept. of Managed Health Care * * * * Insurance: Health Net HMO

Er, "did NOT provide the advertised services."

Good luck, Alison. With all the work you put into this, you may be better off doing it on your own. Jeanie

Hello Alison, I'm not at all sure of the particulars of your case, or how long it's been since you have had the opportunity to talk, so my suggestion here may be entirely "inappropriate" and should be a "last resort." It's clear Gary has done some very FINE work with regards to so many here and elsewhere facing a similar dilemma and I would want to be "FAIR" with any action taken. With that said, it sounds like you are time-barred from filing "corrected" moving papers if you don't act quickly, if I understand your post correctly. Therefore, if you truly feel you are being unjustly ignored and can't speak or garner any help from anyone in his office, you might consider calling and stating that you are prepared to file a complaint with the state bar for "abandonment of client." Most state bars take these complaints very seriously and I can assure you legal practitioners DO! The state bar can levy fines and are empowered to pull their ticket to practice law if need be. I would just asked that you only do so as a last resort and if, and only if... you truly feel you are being unjustly ignored. Good luck! Rock

Thanks, Rock. Good to know -- see my new post on the board: I don't feel we're there yet, since Gary did respond to my call and admit that things had been mishandled; now I'm waiting for him to repair matters (and giving him a brief chance to do so). I'm not out for blood and I know Gary's done fine work in the past ... I think he may be getting stretched a tad thin. I don't want to nail him, I just want to get adequate representation. But I know you know this! Alison * * * * Quest for DS officially began 2/28/05 Currently appealing insurance denials to CA's Dept. of Managed Health Care * * * * Insurance: Health Net HMO

Oh, Alison, this pleases me more than you know. I KICKED myself after even posting my suggestion of what I considered a kind of "nuclear option." We have so few legal advocates working on our behalf, and it would be a shame to unfairly alienate any of those that do. If the fees, I've seen bandied about for what Gary is charging are true, it's clear he and others are hardly getting rich in this area of law. Not at all a surprise to me, but I think folks here need to be aware. My very best wishes in your appeals process and good on you and Gary for communicating effectively again. I thought you handled this perfectly. Rock

Thanks, Rock. At most, all I would have done is terminated our agreement and proceeded on my own, no matter how pissed off I was. A screw-up doesn't mean one's bad at one's profession or terminally irresponsible -- it's just that I can't afford any screw-ups on anyone's part any longer, since I have only this one appeal left and there have been so many errors made by bureaucrats along the way. I'm hoping Gary comes through in the next few days, as promised. I'm glad to know that there's a nuclear option out there in case I ever need it under other cir****tances with different lawyers ... but from everything I've read, Gary certainly doesn't merit it. Alison * * * * Quest for DS officially began 2/28/05 Currently appealing insurance denials to CA's Dept. of Managed Health Care * * * * Insurance: Health Net HMO

I hope that you get some satisfaction one way or another. I'm sorry this is happening to you, and I don't know why everything is turning out to be the hard road for you. Even with Gary - this is REALLY unusual behaviour for him. I don't know what your religious beliefs are, and I don't mean to make ya by suggesting something ethereal instead of practical, but have you sat down and asked God what the problem is - why he keeps throwing so many obstacles in your way?? It certainly *seems* like you're on the right road, but maybe there's something you need to do first before he'll clear the way. Or is he just needing you to clear the way for someone else who doesn't have the ability to fight the way you do? --BT

I don't want to disparage anyone's beliefs, but this kind of advice is not always appreciated or helpful. I once had a healthcare provider refer me to a " Christain" weight loss group whose plan to help me was to instruct me in how to "pray away" the pounds, and I was once told by a "good church-going Christain" that I was fat because that was GOD'S PLAN FOR ME and by having weight-loss surgery I was INTERFERING with God's plan. I did NOT find either of these approaches to be helpful.

Sorry you've had such negative experiences with christians. Some folks do the most hurtful things in "God's" name and for "God's" sake. My understanding is that God intends for me to have wholeness, healing and abundant life. To suggest that God's plan for you was to be obese and ill is as ridiculous as suggesting that medicine interferes with God's plan and we should all just pray for healing. I wonder what God thinks of all the nonsense enacted in His Name?