Bluefield, VA asked in Social Security for Virginia

Q: Can I fire my SSDI representative and hire a new one?

He hasn't stayed in touch with me and when the SSDI people call his office for information regarding my case, he tells them to call me directly! I always get the answering service when I call his office and haven't spoke directly with him since June 2009...always have to speak to his assistant. I have been denied 3 time and the judge denied me. My rep filed an appeal and told me to re-file in the meantime....that's all I was told to referrals, no help with the refiling, nothing! Seems he's sitting back while I am doing all the work and IF I ever do get approved, he will be in touch then you can bet on it, to rake in his 25%!

Related Topics:
2 Lawyer Answers
Casey Lee Saunders
Casey Lee Saunders
  • Social Security Disability Lawyer
  • Ada, OK

A: Dear Sir or Madam:

Of course you “can” fire your SSDI attorney, however, generally the question is really “should” you fire your representative. I often field calls from potential clients wanting to fire their SSDI attorney and hire me. What I generally find is that they are actually frustrated with the delays involved with the Social Security Disability process itself, and feel the attorney is “not doing enough.”

I would urge you to take a look at your situation, and make sure you are not taking out your frustrations regarding the lengthy SSDI process itself on your attorney. Your attorney went in to this field to help people, be sure you are giving him the benefit of the doubt.

Also remember that your attorney generally has the right to ask for a fee even if you have parted ways at the time your claim is approved.

I hope this answers your question.


Casey L. Saunders, Attorney at Law

Jerry Lutkenhaus
Jerry Lutkenhaus
  • Social Security Disability Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: Yes you can terminate your representative. If your case was denied by a judge, then you can certainly get a new representative on your new claim. Most SS lawyers will not take your old case since you lost that case before the judge.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.