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Disability lawyer quit my case what are my rights

Disability lawyer bailed...what now?

What if you have done all the right things to get Social Security Disability Insurance (SSDI)? You have completed the SSDI application, you have answered on the SSA questions and you have hired a disability lawyer. Things were looking great for your case, but suddenly, without an explanation, your disability lawyer dropped your case. Now what? What are your rights? Can you hire another lawyer and keep going with the process? Do you have to start from the beginning? Recently on our disability forum we had a user ask, “What if my lawyer stopped working on my case? What do I do now?”

Steps after your disability lawyer quits your case

If your disability lawyer has told you they are dropping you as a client they should provide you with information about the reason. There are legitimate reason they may not be able to argue your case: you have started working too much and they know you will be denied, you have not been responsive to their request for information or they have lost contact with you. Your lawyer may also have determined they have taken on too many cases and they do not believe they can effectively work your case.

Regardless of the reason, however, they should be willing to provide you with documentation that they are no longer your lawyer. If you have an agreement signed that they will no longer represent you then it should not be too difficult to find another lawyer.

Waiting for a hearing

The good news if you are waiting for a hearing it can take up to 12 months to get on the hearing schedule. This should be more than enough time to start interviewing disability lawyers and find the perfect lawyer to argue your case before the administrative law judge.

Now, our disability applicant stated they were not sure of the status of their case. This is not good. Even if you have hired a disability lawyer it is critical that you understand the status of your disability case. Do not expect the disability lawyer to do all the “heavy lifting.”

Steps to getting a new disability lawyer

  1. Call your current lawyer and find out why they have dropped you as a client.

  2. Get a release stating that they are no longer representing you as a client.

  3. You may want to talk to the SSA to ensure that they understand you are going to hire a new disability lawyer.

  4. Call several disability lawyers until you find one who can handle your case.

  5. Find out the status of your case. If you are scheduled for a hearing find out if the SSA has an estimated date it will be schedule.

  6. Make sure your medical records have been sent to the SSA or if the SSA needs more information.

Having your disability lawyer bail on you is a tough, but the good news is you can find a better lawyer who can be more focused on your case, giving you a better chance to win.
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