You can potentially sue your disability lawyer under certain circumstances. Here are some situations where legal action may be appropriate:

Legal Malpractice

Legal malpractice occurs when a lawyer fails to meet the standard of care required in their field, resulting in harm to their client. To prove legal malpractice, you must show that your lawyer’s actions (or lack of action) led to a negative outcome in your SSD claim. Some common examples of legal malpractice include:

• Missing important deadlines: Disability claims have strict time limits. If your lawyer misses these deadlines, it could result in your claim being dismissed or denied.
• Failure to gather or submit required evidence: Your lawyer may fail to obtain the necessary medical records, which can weaken your case.
• Improper handling of your claim: If your lawyer doesn’t follow correct procedures or provides incorrect legal advice, it can lead to mistakes that affect your claim.

Breach of Fiduciary Duty

A lawyer has a fiduciary duty to act in your best interests. If your lawyer makes decisions that benefit them financially, rather than you, or if they fail to act with loyalty and integrity, you may have grounds to sue for breach of fiduciary duty. For example, if your lawyer encourages you to accept a settlement that isn't in your best interest, this could constitute a breach.

Fraud or Misrepresentation

If your disability lawyer lies to you, misrepresents facts, or engages in fraudulent activity, you have the right to sue. This could involve cases where the lawyer intentionally provides false information about the status of your case or how the legal process works.

How to Sue Your Disability Lawyer

If you believe you have grounds for a lawsuit, here are the general steps you should take:

Step 1: Consult Another Lawyer

Before taking action, it’s wise to consult with a new lawyer who specializes in legal malpractice. They can help evaluate your case and determine whether you have a valid claim. They’ll also help you understand the legal process and your options.

Step 2: Gather Evidence

Document everything related to your claim and your lawyer’s conduct. This includes:

• Correspondence between you and your lawyer (emails, letters, notes).
• Proof of missed deadlines, incomplete filings, or mistakes made during your case.
• Any documentation of your lawyer’s misrepresentation or fraudulent activity.

Step 3: File a Malpractice Lawsuit

If the new lawyer believes you have a solid case, they may advise you to file a malpractice lawsuit. This involves filing a complaint with the court and pursuing damages for the harm caused by the lawyer’s actions.

Step 4: Report the Lawyer to the State Bar Association

In addition to suing your lawyer, you can report them to the state’s bar association. The bar may investigate your lawyer’s actions, which could result in disciplinary measures such as a suspension or disbarment.

Can You Sue a Disability Lawyer for a Denied Claim?

While it’s possible to sue a disability lawyer for malpractice, you cannot automatically sue them just because your SSD claim is denied. Losing a disability claim doesn’t necessarily mean your lawyer was at fault. Many claims are denied for reasons beyond a lawyer’s control, such as insufficient medical evidence or failure to meet the SSA’s eligibility criteria. You would need to prove that your lawyer made a critical error that directly led to your claim's denial.

What to Do if Your Lawyer Fails to Represent You Properly

If you feel that your disability lawyer isn’t doing their job correctly but aren’t sure if you can sue them, here are some steps to consider before resorting to a lawsuit:

Step 1: Communicate Your Concerns

Sometimes, misunderstandings or lack of communication can cause frustration. If you’re not satisfied with your lawyer’s performance, express your concerns in writing. Ask them to clarify the status of your case and address any issues you feel are problematic.

Step 2: Seek a Second Opinion

If your lawyer isn’t providing the service you expect, seek a second opinion from another attorney. They can assess whether your lawyer has made any significant mistakes or if the problems are just part of the normal legal process.

Step 3: Switch Lawyers

If you lose confidence in your current lawyer, you have the right to switch lawyers at any time. You should review your contract with the lawyer to understand any fees or obligations before changing legal representation.