Why Would I Want to Change Disability Attorneys?

There are several reasons why individuals may decide to change their disability attorney:

• Lack of Communication: You may feel that your attorney is not responding to your calls or emails in a timely manner, or you're not being kept up-to-date on the status of your case.
• Poor Strategy or Approach: If you feel that your attorney is not effectively managing your case, lacks experience in disability law, or isn't pursuing the right strategy, it may be time to consider a change.
• Incompatible Goals or Expectations: Sometimes clients and attorneys may not be on the same page regarding goals or expectations for the case. This could involve differences in approach, timelines, or desired outcomes.
• Personal or Professional Reasons: Sometimes personal issues or professional changes can lead to a breakdown in the attorney-client relationship.

How to Change Disability Attorneys

If you’ve decided to switch attorneys, here are the steps you should follow:

Notify Your Current Attorney

Before making a formal change, notify your current attorney of your decision to part ways. It’s best to do this in writing, and you can request a final update on your case status to ensure a smooth transition. This allows your current attorney to withdraw officially from your case and gives them an opportunity to submit any required paperwork to the Social Security Administration (SSA).

Find a New Disability Attorney

Once you’ve decided to change attorneys, you should begin searching for a new one. Look for an attorney who specializes in Social Security Disability and has a proven track record of successfully handling cases like yours. It’s a good idea to meet with a few potential attorneys to discuss your case, ask about their experience, and understand how they plan to handle your claim.

Request a Case Transfer

Once you hire a new attorney, they will need to request the transfer of your case from the old attorney. This typically involves notifying the SSA that your legal representation has changed. Your new attorney will need to submit a “Notice of Appearance” to formally represent you moving forward.

Sign a New Agreement

You will need to sign a new retainer agreement with your new attorney. This document outlines the attorney’s fees, the scope of representation, and other important details about the working relationship.

Ensure a Smooth Transition

Make sure your new attorney receives all relevant documentation and information about your case, including medical records, SSA forms, and any correspondence with the SSA. This will help your new attorney understand the status of your case and continue where your previous attorney left off.

Will Changing Attorneys Affect My Case?

Changing attorneys will not affect the progress of your case with the SSA, but it can cause some delays. For example, your new attorney may need time to familiarize themselves with your case and submit the necessary paperwork to the SSA.

However, if you are in the appeals process, there may be some additional time-sensitive deadlines, such as filing an appeal or attending a hearing. If you are changing attorneys during this period, make sure your new attorney is aware of the deadlines so that they can act quickly.

In most cases, changing attorneys doesn’t impact your eligibility or the chances of success in your claim as long as the process is handled properly. You can still win your case with your new representation if they provide strong legal advocacy.

Attorney Fees When Changing Disability Attorneys

When changing disability attorneys, you may wonder about the fees involved. Most disability attorneys work on a contingency fee basis, meaning they only get paid if you win your case. The fee is typically a percentage (usually 25%) of the back pay you receive from Social Security.

If you change attorneys, the fee arrangement remains the same, but it’s important to note that both attorneys may receive a portion of the back pay. The SSA generally has guidelines on how fees are divided between multiple attorneys, and your new attorney will help ensure the fee-sharing process is handled properly.