You always have the option of firing your Social Security disability lawyer, but first consider if your reasons for wanting to fire the lawyer are truly important and whether you'd be able to hire a new attorney if you decide to go that route.
Reasons to Fire a Disability Lawyer
First, if you're unhappy that your claim is moving so slowly and you can't get a hearing date, it's not likely your lawyer's fault. Social Security has a huge backlog of cases and the agency takes months to review an initial application and sometimes years to schedule a hearing date.
Second, if you're unhappy that your lawyer isn't calling you frequently to update you on your case status, remember that your case can go many months, sometimes up to a year, with nothing happening on your case as you wait for a hearing.
Third, if you and your lawyer don't seem to get along, ask yourself if you think you would have the same issues with a new attorney. Disability attorneys are busy due to having multiple clients, and unfortunately, many have poor "bedside manner."
That said, some disability claimants have problems with their lawyers that they shouldn't ignore. If any of the following apply to you, you have a valid reason for wanting to switch lawyers:
- Your lawyer has missed a deadline in your case, such as for filing an appeal.
- Your lawyer doesn't appear to be knowledgeable about the disability process.
- Your lawyer is making you pay upfront for medical records and you can't afford them.
- You have an out-of-state attorney who is making you do work like pick up your medical records.
- Your lawyer seems to be acting unethically.
- Your lawyer isn't responding to your phone calls or emails (and you're not contacting the lawyer more than once a month).
- Your lawyer won't meet personally with you.
- Your lawyer won’t let you look at your file.
If you've decided the lawyer deserves to be let go, first make sure you can find a replacement.
Can You Find a New Disability Lawyer?
If your lawyer has spent time on your case preparing for a hearing, the lawyer will likely insist on getting paid rather than "waiving" the fee. Because of issues around lawyer fees, this can cause problems when you're trying to hire a new attorney.
First, Social Security disability attorneys are usually limited to collecting a fee equal to 25% of any disability backpay you're awarded, up to a maximum of $7,200. If you hire a new attorney, he or she will likely have to split the fee with the original attorney, and this isn't a very attractive deal to a new attorney. Even worse (for you), if the original attorney has done a fair amount of work on your case when you hire a new attorney, and both the original attorney and new attorney file fee petitions with Social Security, a judge could award the lawyers more than the 25% limit. You could end up spending more than $7,200 in attorneys' fees: you could have less money in your own pocket if you hire a second lawyer.
But more importantly, because it's more of a hassle to collect a fee on a claim that another lawyer has worked on, most disability lawyers won't represent such as claimant unless the first attorney agrees to waive his or her fee (which will generally only happen if your lawyer hasn't done much work on your case).
Second, on hearing that you fired your first lawyer, a prospective attorney may think you're difficult to work with and be hesitant to work with you. This can make it hard to find a new lawyer willing to take your case. Even if that's not an issue, many prospective lawyers don't feel comfortable talking to a potential client when the client is represented by someone else, especially if you're being represented by a local attorney and the prospective attorney you want to switch to is local too.
Try This First
Since you are dissatisfied with your current lawyer, speak to him or her and explain your unhappiness. Often you and the lawyer can sort out your issues and keep working together, and thus avoid the concerns that come up when you try to fire your lawyer and hire another.
If you're still unhappy with your representation and are adamant about switching, before you ask your first lawyer to withdraw from the case, talk to a couple of lawyers to see if you can find one who is willing to take your case.