Phillips v. Clancy

152 Ariz. 415, 733 P.2d 300 (1986)

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Phillips v. Clancy

Arizona Court of Appeals
152 Ariz. 415, 733 P.2d 300 (1986)

  • Written by Sharon Feldman, JD

Facts

Wesley Phillips (plaintiff) applied for disability-insurance benefits with the Social Security Administration (SSA). The SSA denied Phillips’s application and request for reconsideration. Phillips retained attorney Kenneth Clancy (defendant) to represent him at a hearing before an administrative-law judge. Clancy failed to file a timely hearing request and advised Phillips to file another benefits application and retain another attorney. Phillips could not obtain a hearing on his claim and sued Clancy for legal malpractice. Clancy moved for summary judgment, relying on the affidavit of a former SSA administrative-law judge. The judge stated he had reviewed Phillips’s file and in his opinion, Phillips did not qualify for disability benefits, and therefore the decision denying Phillips’s application would not have been reversed even if the hearing request had been timely filed. Phillips submitted the affidavit of an attorney who represented applicants for disability benefits who stated there was an excellent chance for success before an administrative-law judge. The trial court granted Clancy summary judgment based on the affidavit of the administrative-law judge. Phillips appealed.

Rule of Law

Issue

Holding and Reasoning (Meyerson, J.)

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