Do I have a legal case for misrepresentation by a social worker?

Full question:

I am a homebound client of Metropolitan Jewish Long-Term Home Health Care Program since October 2008. Providing me with services of a Nurse, home health aid,therapists,social workers and Transportation to medical facilities. The agency has for the most part gone above and beyond and everyone is extremely kind. With the Exception of miscommunication and incident occurring shortly after I was accepted into the program involving a nurse and home health aide no longer under my care Until now when I find myself faced with many serious problems due To the misrepresentation and exaggerated advice I was given by The social worker assigned to me 4/19/2009. At that time I was Told by her that she would do whatever she could to help me and I gave her all my significant problems. In which she assured me Of getting everything done to my satisfaction. One year later her supervisor informed me that she did not have The authority to work on some of these problems. This situation Has cost me to have my civil rights violated, debts increased in late charges, finance fees, loss in pursuing legal matters due to the Statue of limitations. (I am enclosing some of the matters she was Working on.) I feel quite badly about this, she meant no harm and was try help. CONTINUED To help, but these matters are exacerbating my physical problems By the additional stress now put on me by not having matters She was addressing no longer being attended to. I always notified by mail, in person or phone of the work she was Doing for me and what I felt she wasn't pursuing at a quick enough Pace to the agency. I assumed, since no one told me otherwise, that she was doing Her job as an employee of the agency and that she was authorized in each and everything I gave her to do so. As, no one ever said she Wasn't allowed to handle my significant problems. I went on assuming I was entitled to her monthly visits to my home and her services that She discussed at these visits. Since always signed her reports of Visits just as I did with the nurse and other staff members. Like I said it is not my intention to get anyone in trouble just rectify My situation. Please advise. Sincerely Yours, Susan Schulman As of 9/8/20 the credit counselor said he could not help and Ms.Mascaley is denying she offered service beyond the scope of her Obligation to Metropolitan Jewish Long Term services. Do I have a legal case. Do I need an attorney in elder law attorney to assist me I believe there is here is likely a breach of contract claim for misrepresentation by the social worker and also possibly a negligence claim as well for her not doing what she promised to do knowing it was not in her authority.cant get an attorney who wants case

• Category: Elderly
• Date: 04/07/2025
• State: New York

Answer:

Social workers typically have immunity from lawsuits unless they commit intentional acts or act outside their authority. They are considered "officials" and can use qualified immunity when performing their duties, as long as they follow the law and act in good faith. If a social worker exceeds their authority or acts unlawfully, they may be personally liable. The ability to overcome this immunity depends on the specific facts of your case. Since I cannot provide legal advice, I recommend consulting a qualified attorney who specializes in elder law to discuss your situation further. For more information, users can search for state-specific legal templates at .