Can I Change my Social Security disability Attorney?

 

Every claimant has the absolute right to change their Social Security disability Attorney for any reason whatsoever. From time to time people become frustrated with the attorney that represents them. It may be something that was said, a look, or a slight perceived or maybe something that was not said, just a slowness of the process. It does not matter.

In order to change attorney you need only sign a new SSA 1696 designating a new attorney. In the alternative, if you wish to be your own attorney, you can send the letter to the Social Security in which you advise them in writing that you wish to dismiss the attorney of record and become your own attorney. Whether that is a good decision is a separate matter. Social Security Law is a complex and discrete body regulation Hallex and SSR’s . Cases from all the District Courts and Circuit Courts of Appeal, and U.S. Supreme Court and laws found at 20 CFR 404 et sec and 42 USCA. It is particularly riddled with traps for the unwary. A dismissed attorney may file a claim for fees through the fee petition process if the case is successfully concluded. There are no fees if the case is lost.

The real problem with changing an attorney is with the prior attorney. Because there is only worm fee, the total amount paid to attorneys will never grow. If you have three attorneys, like little birds and then asked, they all have to share the same worm. Many times, attorneys in private practice are willing to waive their right to take a fee us enabling the next attorney on the case to use the expedited the process. The expedited the process means that no hourly itemization is necessary and that the contingent fee will be automatically paid without argument, rancor, or additional work.

The ability of private attorneys to work together to assist you to obtain your disability benefits is seldom precedent when large practices with extensive television advertising costs are involved. I have seen on many occasions that attorneys who have to pay for their huge investment in advertising will fight for the last penny, and will not give up their right to a fee, will petition for a fee, and block the expedited fee process. Sometimes, it reaches ridiculous proportions in which more hours are claimed by the first attorney meetings then for all subsequent activity.