Overview of Disability
Disability Back Pay
Requirements for Disability
Applications for disability
Tips and Advice for Disability Claims
How long does Disability take?
Winning Disability Benefits
Common Mistakes after a Denial
Mental Disability Benefits
Denials for Disability
Appeals for denied claims
Disability Benefits from SSA
Child Disability Benefits
Qualifications and How to Qualify
Working and Disability
Disability Awards and Notices
Disability Lawyers, Hiring Attorneys
Social Security List of Conditions
What Social Security considers disabling
Medical Evidence and Disability
Filing for Disability Benefits
Eligibility for Disability Benefits
SSD SSI Definitions
SSDRC authored by Tim Moore
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How Do You Switch Your Disability Lawyer?
If you are contemplating switching from your disability lawyer, you should remember that you signed a legally binding agreement that included expenses that you might be held accountable for whether you win benefits or lose your disability claim.
This is why you should always read over any fee agreement prior to signing. However, this does not mean that you cannot change your disability lawyer or disability representative. It simply means that you might have to pay the out of pocket incidental expenses and perhaps even for the hours spent working on your disability claim if that is what you agreed to do in your fee agreement.
If you determine that you are going to switch disability lawyers or representatives, you should send a letter to both Social Security and your current disability lawyer stating that you no longer wish for them to represent your disability claim. Also, you should request that your current disability lawyer send a letter of withdrawal from your claim to Social Security.
At this point, your new disability lawyer or representative can send SSA their disability representation papers as well as a new fee agreement. This will effectively allow you to switch your disability lawyer. However, it will not preclude your initial disability lawyer from petitioning Social Security for part of the fee in your disability case if they refuse to sign a withdrawal letter.
Additionally, none of this prevents your initial disability lawyer from pursuing the expenses and fees you agreed to pay by signing their fee agreement. For example, if your initial disability lawyer spent money on postage, phone calls, travel, medical records or any other expense in the development of your disability claim they are entitled to receive compensation for their expenses. And, you are also liable for any expenses that you agree to pay your new disability lawyer when you signed their fee agreement.
Generally, disability claimants are able to switch their disability lawyers with very little inconvenience. Most disability lawyers sign withdrawal letters for their disability applicants once any agreed upon expenses are satisfied. However, there are some disability lawyers and disability representation firms that refuse to sign any kind of withdrawal letters so that they can petition for part of your disability fee should your claim be approved for disability benefits.
If you have a disability lawyer or representation firm that refuses to withdraw from disability claims, it may be a little bit difficult for you to switch your disability lawyer. Many disability lawyers do not wish to be involved in contested fee petition cases.
Return to: Social Security Disability Resource Center, or read answers to Questions
What does a Social Security Disability Attorney or Representative do for your claim?
Getting a Social Security Disability Attorney or Representative for your case
How will an attorney help me win disability benefits?
Disability Lawyers, Medical Records, and Social Security Hearings
What Expenses Will A Social Security Attorney Charge In Addition To The Fee?
Can a disability attorney speed up my disability hearing case?
Should you get a Disability Lawyer before you File for Disability, or get an answer on your claim?
Using a lawyer for a Social Security Disability, SSDI, case
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria