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Firing my SS attorney, how to do?

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askinghelp2011

Junior Member
What is the name of your state (only U.S. law)? DE

My disability attorney (SSDI/SSI) is not what I wanted. He doesnt do what I ask him to. He actually missed the appeal deadline for my ssdi and now I have to fight SSA on that.

I just want him gone. How do I fire him? We only got started a few weeks ago on this. His paralegal is OK but someone has been making mistakes. So I just want to FIRE him ASAP. Please tell me how. Thanks.
 


tranquility

Senior Member
What did the retainer agreement say on the matter? Follow the instructions there.

While an appeal may not be within the scope of the representation, if you were not notified of the timeline or if you gave the attorney instructions to appeal, you may have a claim against the attorney. Blown statutes are almost malpractice per se.
 

askinghelp2011

Junior Member
I'm not interested in suing the guy.
I want to do things on my own for awhile, till I find another atty.
Second ? I forgot to ask: Is it wise to tell a new atty what happened? Or just forget all about it and hope he doesn't find out??
 

BL

Senior Member
Did you and your Attorney ( both ) receive the denial letter with the instructions to appeal ?

If your attorney did not receive notice SSA may allow extra filing time .

Have you talked to your Attorney about late filing ?
 

askinghelp2011

Junior Member
O.K. i am quite upset now.
He won't respond to my emails (2)
He doesn't return my phone calls, and is never there.

understand that I have a serious M.I. and I might blow up and do something really STUPID. so obviously i don't want to go to jail because he's not responding to me.

I already sent a certified letter, CRRR.
 

BL

Senior Member
O.K. i am quite upset now.
He won't respond to my emails (2)
He doesn't return my phone calls, and is never there.

understand that I have a serious M.I. and I might blow up and do something really STUPID. so obviously i don't want to go to jail because he's not responding to me.

I already sent a certified letter, CRRR.
What has SSA said about the matter when you went there in person to inquire ? ?



Have you asked SSA did they send the attorney on record the denial notice ?
 

askinghelp2011

Junior Member
What has SSA said about the matter when you went there in person to inquire ? ?



Have you asked SSA did they send the attorney on record the denial notice ?
I really don't want to deal with all this atm. I am focusing on getting rid of him and either:
A) Handling it on my own for awhile
B) Hiring another atty that I found to be much better. Spoke to him 2x now.

Since the 1st atty is only a few weeks in on 'active duty' for me, I'll pretend I forgot about hiring him. I hope the 2nd atty never finds out about this.

Completely, totally stupid for me to have hired the 1st atty. I know. I DO feel totally stupid.
 

BL

Senior Member
I really don't want to deal with all this atm. I am focusing on getting rid of him and either:
A) Handling it on my own for awhile
B) Hiring another atty that I found to be much better. Spoke to him 2x now.

Since the 1st atty is only a few weeks in on 'active duty' for me, I'll pretend I forgot about hiring him. I hope the 2nd atty never finds out about this.

Completely, totally stupid for me to have hired the 1st atty. I know. I DO feel totally stupid.
You haven't answered the question in # 2 ?

Did the attorney take on your case under a contingency basis ?

Was he approved by SSA ?

What was/is the written agreement ?
 

Onderzoek

Member
I really don't want to deal with all this atm. I am focusing on getting rid of him and either:
A) Handling it on my own for awhile
B) Hiring another atty that I found to be much better. Spoke to him 2x now.

Since the 1st atty is only a few weeks in on 'active duty' for me, I'll pretend I forgot about hiring him. I hope the 2nd atty never finds out about this.

Completely, totally stupid for me to have hired the 1st atty. I know. I DO feel totally stupid.
If you 'hired' the attorney, it means you signed an appointment of representative form with the attorney and a fee agreement. You cannot get out of the contract by ignoring it. If the fee agreement and appointment of representative form were submitted to SSA, it will be part of your electronic file and your new representative will be able to see it. An ALJ may later decide that you owe both attorneys under a fee petition and your new lawyer will realize that you lied.

Also, if you hired him a few weeks ago and he already missed your appeal deadline, it sounds like you didn't give him much time since the appeal period is 60 days. And you better make sure the new attorney knows that you are calling the shots and determining what happens when and that you want updates (daily, weekly, monthly?).

Up to you.
 
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askinghelp2011

Junior Member
What did the retainer agreement say on the matter? Follow the instructions there.

There was no retainer agreement and no contract (unless he forgot to give it to me!)
I simply signed a sheet of paper saying that I would retain him as my attorney.

You haven't answered the question in # 2 ?
See above.

Did the attorney take on your case under a contingency basis ?
There are two different fee agreements. He gave me the one where he collects a flat of 25% / $6000. Not the per hour agreement.

Was he approved by SSA ?
I don't know. He sent in my paperwork (which I had begun filling out separately on my own) for the SSDI Appeal.

What was/is the written agreement ?
I DON'T KNOW! He won't return my calls or emails.

If you 'hired' the attorney, it means you signed an appointment of representative form...
I hired him less than 6 days before my original post above. I did find out that the actual 'appeal' (the yellow form) he filed did not include any of the new medical information I had with me (which he kept a copy of).

Also, if you hired him a few weeks ago and he already missed your appeal deadline, it sounds like you didn't give him much time since the appeal period is 60 days. And you better make sure the new attorney knows that you are calling the shots and determining what happens when and that you want updates (daily, weekly, monthly?).
I have a mental illness and physical problems, trying to get help with an attorney's help. I go to a bad one, who won't return my correspondence.
I shouldn't have to do what I'm going to say, but I can't let him get away with this. What about the next person he tries to ***** over?
Now, the only thing I can think of is filing an ethics complaint with the state board and running his *** through the gauntlet. He's really upset me! Does he really expect he's going to collect (if he wins) without even talking with me.
This is NO way to treat a client. Perhaps he thinks I'm mentally retarded or something!?
 

BL

Senior Member
There are two different fee agreements. He gave me the one where he collects a flat of 25% / $6000. Not the per hour agreement
Ok that's how it works. If an SSI Attorney thinks your case has merit.

I don't know. He sent in my paperwork (which I had begun filling out separately on my own) for the SSDI Appeal.
Ok , so why are you saying it wasn't timely .

I hired him less than 6 days before my original post above. I did find out that the actual 'appeal' (the yellow form) he filed did not include any of the new medical information I had with me (which he kept a copy of).
You have to understand the appeals process.

http://www.socialsecurity.gov/pubs/10041.html[/U]]The Appeals Process

The Attorney could simply be waiting on the reconsideration decision .

You also have to understand these Attornies are busy . You are not paying by the hr.

Just because you have gone without call backs / replies doesn't mean the attorney isn't doing his job .
 

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