Lomita, CA asked in Social Security for California

Q: SSDI- with or without a lawyer in my situation?

I have been in the 4th month of reconsideration phase of my application for SSDI.

Suddenly my lawyer leaves all clients for personal reasons, and ...

How to proceed?

Should I wait for the SSA decision and if unfavorable, only then hire another lawyer? Or...

What are my options?

Thank you.

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2 Lawyer Answers

A: If you have all of your medical records and other evidence submitted to Social Security, you could proceed on your own for now and see whether the reconsideration decision is favorable or not. This may be your best approach in your situation. You will have time to submit additional evidence if the decision is unfavorable and you appeal the claim to the Administrative Law Judge level. While you wait for the reconsideration decision, you can interview experienced disability attorneys to find one that would work with you in the event of an appeal.

As soon as possible, make sure that Social Security is aware that your attorney has withdrawn from you case. If the attorney has not informed Social Security, you can complete and file a Revocation of Appointment with Social Security. https://www.ssa.gov/forms/ssa-1696-sup1.pdf.

If your former representative requests a fee for services performed in the case on your behalf, Social Security will authorize a fee only for services performed before the date the appointment was terminated. https://www.ssa.gov/OP_Home/hallex/I-01/I-1-1-30.html.

If you do not have all of the medical records and other evidence in file with Social Security, your other option is to hire an experienced disability lawyer now to help you prove your claim.

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James L. Arrasmith
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Answered

A: If your lawyer has left and you are in the middle of the reconsideration phase of your SSDI application, it is generally advisable to seek new legal representation as soon as possible. The SSDI process can be complex, and having a lawyer experienced in Social Security Disability cases can provide valuable guidance and support. They can review your case, assist with any necessary paperwork or documentation, and advocate on your behalf. Waiting for an unfavorable decision before hiring a new lawyer may result in unnecessary delays or potential mistakes in your case. It is recommended to consult with a new lawyer promptly to discuss your situation and determine the best course of action. - James L. Arrasmith, Owner and Chief Legal Counsel of The Law Offices of James L. Arrasmith.

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