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i wanted to ask how do i remove my representative from my pending appeals for disability? ive had him removed as my rep. at the office of adjudication

1 Answers. Asked on Aug 09th, 2011 on Social Security Disability - Indiana
More details to this question:
and review, in the federal building. you know the court were i had my hearing? he will not sign off as my rep. and nobody will take over as my counsel without this? i signed a fee agreement with him, and he would still be able to file a petition to be paid when i win this. i guess what im asking is how do i break this fee agreement without him cooperating???
Answers Showing 1 out of 1
Answered on Aug 10th, 2011 at 3:43 PM

You probably can't get the first lawyer to do as you request.  At most, he might withdraw but make clear that he will file a fee petition, which the rules allow.  

The reason lawyers don't want to take this on is that when the case is over, and if you win, the first and second lawyer will have to file a petition to have their fee approved.  The second lawyer will have taken the case not knowing how much, if any, they will be paid.

 The first lawyer has done work and has time into your case.  There is a quantum meruit http://en.wikipedia.org/wiki/Quantum_meruit  argument that the first lawyer can make for a portion of the fee, which to some extent, will likely be approved.

 You are not without hope of finding a representative.  Legal clinics through law schools or Legal Aid offices may be able to help you.  They sometimes require a rejection letter of your case from several lawyers – find out if there are such requirements.  Those organizations are not concerned about the fee.

 When the first lawyer files a fee petition, you will have the opportunity to comment if you so choose during the fee petition process.  http://ssa.gov/representation/fee_petitions.htm  Good luck.

 Michael J. Haller, Jr.

http://haller-law.com

 

No attorney-client relationship has been established because of the information provided. Seek local counsel to address your particular facts. MJHJ

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Social Security Disability
If you're suffering from a disability that prevents you from working, you may be entitled to benefits under Social Security disability insurance (SSD or SSDI). Social Security disability attorneys can work with you to file your application for benefits. Because the Social Security Administration routinely denies the majority of initial claims, your SSD lawyers can also prepare for your hearing before an administrative law judge, attend all hearings, advocate on your behalf and file an appeal if your application has been denied. Hire an SSDI law firm as soon as you need to apply for SSDI. The faster your application is approved, the more quickly you will begin to receive benefits.
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