QUESTION

If I have hired an attorney to fight for my rights to get disability and I am not happy with that attorney''s performance, can I get another attorney?

Asked on Dec 12th, 2011 on Social Security Disability - Indiana
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Answered on Dec 13th, 2011 at 10:59 PM
The answer to your question is yes, you can get another attorney.   Does the attorney or members of the attorney's staff know that you are unhappy and not satisfied with the performance thus far?  In my experience, communication broke down somewhere, and a little effort, from both sides, can remedy the problem. However, move cautiously and wisely, and in sequence if you decide to fire your attorney.  No doubt you have a fee agreement.  If you have one, and before you fire an attorney, review http://www.ssa.gov/representation/fee_agreements.htm as it relates to fee agreements.  If the attorney does not agree to waive the fee for work done "thus far" it may be very difficult to find an attorney that will take your case. After all of the above, advise the attorney you want to discharge her or him, and request that a letter be sent to SSA and a copy to you.   Politely request that the fee be waived (no fee charged).  Make it clear that you will pay expenses, and go pay them before the letter is written as a show of good faith if the attorney agrees to waive the fee.  But remember, they do not and are not required to waive it.  Fees and expenses are two different things - re-read the fee agreement if you don't understand. CAUTION: industry-wide, not just in Social Security, but in all areas of the law, attorneys are very skeptical of being the "second" lawyer on a case.  Fair warning. Of course, click the house at the upper left to "Find a Lawyer" if that is indeed what you end up having to do.    

No attorney-client relationship has been established because of the information provided. Seek local counsel to address your particular facts. MJHJ

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