Comments on: How Do I Fire my Disability Lawyer? http://www.ssdanswers.com/2008/07/14/how-do-i-fire-my-disability-lawyer/ Social Security Disability Blog - moderated by Jonathan Ginsberg Mon, 06 Feb 2012 23:42:04 +0000 hourly 1 By: heather http://www.ssdanswers.com/2008/07/14/how-do-i-fire-my-disability-lawyer/#comment-9322 heather Fri, 26 Aug 2011 04:01:25 +0000 http://www.ssdanswers.com/?p=174#comment-9322 I need to fire my SS disability lawyer. I signed a contract, but never got a copy and requestred a copy. Now, I'm being told that the lawyer not ONLY gets either %25 or $6K, whatever is least (when/if won) AND fees and expenses. When I told the lawyer I wanted out (they are completely rude to me and I have mental disabilities), and told me I could never cry or get emotional again. They are bullying me into staying w/ them. I'M A PARALEGAL OF 2O YEARS. They told me to terminate my contract that they will bill me for every hour they have worked on my case. I initiated my own case on 6/7/11, they did not pick up my file for 7 weeks when the completed the application on 7/28. My lawyer told me when I called for a dire need case b/c of foreclosure on my home that "she was not my financial advisor". Her paralegal told me today he will not deal w/ any emotions from me from here on out. THE ONLY THING THEY HAVE DONE IS COMPLETE THE ALREADY STARTED APPLICATION, ORDER SOME, BUT NOT ALL, MEDICAL RECORDS, I'VE TALKED TO THE LAWYER 2 TIMES ON THE PHONE FOR LESS THAN 5 MINUTES, AND SENT 5 EMAILS. They are saying for me to get out of the contract that they are going to charge me for the initial consultation of $150, plus all phone calls, emails, ect. Can they do this? They did not furnish me w/ a contract and I have asked for one, and haven't gotten one. Doesn't SSI govern what they can/can't charge for? THIS FIRM IS A NIGHTMERE, HAVE TOLD ME I HAVE ZERO PERCENTAGE CHANCE OF WINNING NOW (INITIAL STAGE), 20% CHANCE AT 2ND STAGE AND ONLY 70% AT HEARING. THEY ARE SAYING IT COULD COST ME $400 TO GET OUT OF THE CONTRACT! I need to fire my SS disability lawyer. I signed a contract, but never got a copy and requestred a copy. Now, I’m being told that the lawyer not ONLY gets either %25 or $6K, whatever is least (when/if won) AND fees and expenses. When I told the lawyer I wanted out (they are completely rude to me and I have mental disabilities), and told me I could never cry or get emotional again. They are bullying me into staying w/ them. I’M A PARALEGAL OF 2O YEARS. They told me to terminate my contract that they will bill me for every hour they have worked on my case. I initiated my own case on 6/7/11, they did not pick up my file for 7 weeks when the completed the application on 7/28. My lawyer told me when I called for a dire need case b/c of foreclosure on my home that “she was not my financial advisor”. Her paralegal told me today he will not deal w/ any emotions from me from here on out. THE ONLY THING THEY HAVE DONE IS COMPLETE THE ALREADY STARTED APPLICATION, ORDER SOME, BUT NOT ALL, MEDICAL RECORDS, I’VE TALKED TO THE LAWYER 2 TIMES ON THE PHONE FOR LESS THAN 5 MINUTES, AND SENT 5 EMAILS. They are saying for me to get out of the contract that they are going to charge me for the initial consultation of $150, plus all phone calls, emails, ect. Can they do this? They did not furnish me w/ a contract and I have asked for one, and haven’t gotten one. Doesn’t SSI govern what they can/can’t charge for? THIS FIRM IS A NIGHTMERE, HAVE TOLD ME I HAVE ZERO PERCENTAGE CHANCE OF WINNING NOW (INITIAL STAGE), 20% CHANCE AT 2ND STAGE AND ONLY 70% AT HEARING. THEY ARE SAYING IT COULD COST ME $400 TO GET OUT OF THE CONTRACT!

]]> By: luis http://www.ssdanswers.com/2008/07/14/how-do-i-fire-my-disability-lawyer/#comment-9131 luis Tue, 10 May 2011 17:56:03 +0000 http://www.ssdanswers.com/?p=174#comment-9131 i have an issue regarding the fee that my lawyer took from a positive judgement.i have done all the leg work myself.i received notice of hearing on my own and was told to visit my local s.s.office.at this time i expressed that i would be going there (pro-se) on my own.at this i was told that this would not be a good idea! i was given the phone number of an attorney,spoke to him and handed over all relevent material. i seen him at the hearing which lasted ten minutes tops.for this he took 25% of my judgement.under the fee agreement states (that for a fee to be payable,the social security administration must approve any fee my representative charges or collects from me! I was not inclued in this,its not legal,what can i do? i have an issue regarding the fee that my lawyer took from a positive judgement.i have done all the leg work myself.i received notice of hearing on my own and was told to visit my local s.s.office.at this time i expressed that i would be going there (pro-se) on my own.at this i was told that this would not be a good idea! i was given the phone number of an attorney,spoke to him and handed over all relevent material. i seen him at the hearing which lasted ten minutes tops.for this he took 25% of my judgement.under the fee agreement states (that for a fee to be payable,the social security administration must approve any fee my representative charges or collects from me! I was not inclued in this,its not legal,what can i do?

]]> By: peggy http://www.ssdanswers.com/2008/07/14/how-do-i-fire-my-disability-lawyer/#comment-8047 peggy Sun, 11 Jan 2009 22:29:22 +0000 http://www.ssdanswers.com/?p=174#comment-8047 i had a very terrible lawyer who rep. me he lost me three times the last time he wouldn't even contact my surgeon and get my medical record or even send anything to my doctor when he was willing to fill the paper work out he wouldn't do it so he cost me my third hearing and i can appeal the decison but i ask him to remove himself which he did at no cost and he contact the judge that he removed himself and charged no fee now they say i don't have enough points and no one to represent me now i don't know what to do i had a very terrible lawyer who rep. me he lost me three times the last time he wouldn’t even contact my surgeon and get my medical record or even send anything to my doctor when he was willing to fill the paper work out he wouldn’t do it so he cost me my third hearing and i can appeal the decison but i ask him to remove himself which he did at no cost and he contact the judge that he removed himself and charged no fee now they say i don’t have enough points and no one to represent me now i don’t know what to do

]]> By: Ann http://www.ssdanswers.com/2008/07/14/how-do-i-fire-my-disability-lawyer/#comment-8013 Ann Sun, 16 Nov 2008 14:41:43 +0000 http://www.ssdanswers.com/?p=174#comment-8013 I am in a dilema also about my SSD Attorney. I hired that big firm from New York B&B and It has been almost 3 years and was are still waiting for a hearing. I have heard some horror stories about them and I am desperate to get my case heard and approved so I do not know what to do. If I do fire them will they send all my records etc... to me since I paid for everything?? I am in a dilema also about my SSD Attorney. I hired that big firm from New York B&B and It has been almost 3 years and was are still waiting for a hearing. I have heard some horror stories about them and I am desperate to get my case heard and approved so I do not know what to do. If I do fire them will they send all my records etc… to me since I paid for everything??

]]> By: Jonathan Ginsberg http://www.ssdanswers.com/2008/07/14/how-do-i-fire-my-disability-lawyer/#comment-7761 Jonathan Ginsberg Tue, 15 Jul 2008 02:05:46 +0000 http://www.ssdanswers.com/?p=174#comment-7761 Brian, I think that very few lawyers file fee petitions in cases where an unfavorable decision is issued. However, most fee agreements I have seen, in theory, would allow a lawyer to do this. Unless Lawyer 1 "waives" any claim for fees in writing when he withdraws, Lawyer 2 will have to file a fee petition and both lawyers will get notice of their right to do so. If a lawyer is fired during a case for a questionable reason (i.e. delays that are inherent in the process) then that lawyer will likely file a fee petition for his hourly work. I certainly would. Accepting a case under a contingency does not mean that one agrees to work for free. Brian, I think that very few lawyers file fee petitions in cases where an unfavorable decision is issued. However, most fee agreements I have seen, in theory, would allow a lawyer to do this. Unless Lawyer 1 “waives” any claim for fees in writing when he withdraws, Lawyer 2 will have to file a fee petition and both lawyers will get notice of their right to do so.
If a lawyer is fired during a case for a questionable reason (i.e. delays that are inherent in the process) then that lawyer will likely file a fee petition for his hourly work. I certainly would. Accepting a case under a contingency does not mean that one agrees to work for free.

]]> By: Brian Therrien http://www.ssdanswers.com/2008/07/14/how-do-i-fire-my-disability-lawyer/#comment-7760 Brian Therrien Tue, 15 Jul 2008 01:42:49 +0000 http://www.ssdanswers.com/?p=174#comment-7760 Jonathan... Much needed clarification thanks for the post, question is do you know what percentage of attorney's actually file a fee petition to claim their compensation for the work they did on the case? Brian Jonathan…

Much needed clarification thanks for the post, question is
do you know what percentage of attorney’s actually file a fee petition to claim their compensation for the work they did on the case?

Brian

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