What can I do????

[blawson042408]

What is the name of your state (only U.S. law)? Georgia

Filed for SSDI in Dec. 08. Denied May 09. Wife filed appeal in May 09. Everyone said we needed an attorney. Hired one in June. He sent a letter stating he was withdrawing himself in July stating his caseload was too full. Wife called another attorney, he said we needed a letter from the 1st attorney stating he was waiving his fee. Called first attorney, he sent another letter stating that after we paid him the $153 for records, he would waive his fee. Got approved for SSDI in Sept. SS sent attorney 25% of back pay in August. Have not heard from first attorney until we called him yesterday. He now states we owe him $1500.00. He said he is charging us his hourly rate. Wife said she would contact the state bar and he threatened to sue her. Please keep in mind that my wife filed the appeal and made sure that all the medical records and letters from my doctors were in the adjudicators office before we obtained the first attorney. After we got the first letter, my wife contacted SS and they advised us not to get an attorney until I had been denied twice. Asked the first attorney to deduct his $153 and send me the remaining balance and he refused.

 

[BL]

Pull out a copy of the agreement ( based on contingency and SSA rules ) , or see if SSA will give you a copy .

Did you show SSA a copy of the letter the first attorney withdrew ?

If so, what does SSA say ?

Didn't the attorney notify SSA of the withdraw ?

If not ,why not ?

You need to speak in person at your local SSA office with that withdraw letter.

 

[blawson042408]

I did

Send both letters to ssa. As far as I know the attorney did not, not sure why. I contacted ssa they said it was with the payment center. Should I go to the ssa office anyway and bring both letters. Will they request the check back from the attorney?

 

[Onderzoek]

Which attorney got the fee paid by direct payment? Number 1 or number 2?

 

[blawson042408]

We never

got another attorney. When the first attorney sent us the letter resigning from the case, my wife called the ssa and told them. They told her that since I had not been denied twice it would be in our best interest not to hire another attorney. My wife filed the appeal after I was denied the first time. She did all the leg work and making sure the adjudicator had all my records and doctor letters. We specifically told the first attorney all this. Is there anyway I can find out what the attorney actually sent ssa from the time we hired him until the time he withdrew? His claim is I won because of him. Which is so not true.

 

[Onderzoek]

You signed a contract with this attorney. You may not have needed an attorney to get approved, but you did make an agreement. The attorney obviously did something because he got some records that cost $153. He would have had to spend time interviewing you in order to know where to write for records. He or his staff had to send a letter for records. He asked for payment for the costs before discharging himself from the case. You didn't do that.

You made a verbal request to the local office to not honor the written contract. Doesn't work like that.

Did this attorney do enough work to justify 25% of the retroactive benefits? That is what happens in contingency agreements. Isn't always fair. In some cases, an attorney and his/her staff can put in 10, 20, 30 hours of work and get no money if the claim is denied. Is that fair?

Anyway, the notice says you can appeal the amount of the fee. Submit your request to the appropriate address.

 

[BL]

You signed a contract with this attorney. You may not have needed an attorney to get approved, but you did make an agreement. The attorney obviously did something because he got some records that cost $153. He would have had to spend time interviewing you in order to know where to write for records. He or his staff had to send a letter for records. He asked for payment for the costs before discharging himself from the case. You didn't do that.

You made a verbal request to the local office to not honor the written contract. Doesn't work like that.

Did this attorney do enough work to justify 25% of the retroactive benefits? That is what happens in contingency agreements. Isn't always fair. In some cases, an attorney and his/her staff can put in 10, 20, 30 hours of work and get no money if the claim is denied. Is that fair?

Anyway, the notice says you can appeal the amount of the fee. Submit your request to the appropriate address.

The contingency fee is just that .

If the representative successfully wins the claim , he's entitled to a fee .

If he does not ,he takes zero .

If this was a for fee agreement ,that's different .

There is a time limit to appeal a Fee 30 days ,I believe ,or 15 days from the notice to the section that authorized the payment .

Also , if the lawyer is seeking more than entitled to ,he/she can be disbarred from litigating in front of SSA ,and reimbursement if any will be ordered .

Go to SSA.GOV and search around .

File that dispute of fees .

It also sounds like the attorney sent you a letter of withdraw ,but not SSA directly ,thus claiming he successfully won the case .