Can I switch my Social Security Disability Attorney if I’m not satisfied?

Can I switch my Social Security Disability Attorney if I’m not satisfied?

By Hogan Smith

Updated 03/20/2025


If you're feeling dissatisfied with your current Social Security Disability (SSD) attorney, you might be wondering if it's possible to change lawyers during the application or appeals process. The good news is, yes, you can switch your Social Security Disability attorney at any time, even if your case is already in progress. Here’s a breakdown of what you need to know if you’re thinking about making a change.

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Why Might You Want to Switch Attorneys?

There are several reasons why you might decide to switch your Social Security Disability attorney, including:


  • Lack of communication: If you feel like your attorney isn’t keeping you informed about the status of your case or isn’t answering your calls and emails, it can be frustrating.
  • Unsatisfactory progress: If your attorney isn’t making the progress you expect or doesn’t seem motivated to get results, you might want to seek a different lawyer.
  • Differences in strategy or approach: If your attorney’s approach to your case doesn’t align with your expectations or goals, switching may be the right move.
  • Personal reasons: Sometimes personal factors or a difference in communication style can make the working relationship difficult.


How to Switch Your Social Security Disability Attorney

Switching attorneys is relatively straightforward, but there are important steps you should follow to ensure a smooth transition:


  • Notify your current attorney: Before making any changes, inform your current attorney of your decision to switch. This is typically done in writing, so there’s a record of your request.
  • Request your case file: Ask your current attorney for a complete copy of your case file, including all correspondence, medical records, evidence, and other documentation related to your claim. You have a right to these materials.
  • Sign a new retainer agreement: Once you’ve selected a new Social Security Disability attorney, you’ll need to sign a new retainer agreement. This will outline the terms of the representation and the attorney’s fees.
  • Notify the SSA: Your new attorney will file a notice of representation with the Social Security Administration (SSA) to officially represent you in your case.


Make sure the transition is seamless, so your case doesn’t experience unnecessary delays.


Will Switching Attorneys Affect My Case?

Switching Social Security Disability attorneys won’t automatically hurt your chances of success, but there are a few considerations:


  • Potential delays: Changing attorneys can cause some delay as the new lawyer reviews your case, gathers evidence, and gets up to speed. However, your attorney will typically do this as quickly as possible.
  • Missed deadlines: If the transition is not handled properly, there’s a risk of missing important deadlines for submitting documents or filing appeals. Make sure you work with your new attorney to stay on top of these.
  • Continuity of your case: Your new attorney will need to review your case thoroughly to ensure that all necessary information and evidence are in place. Switching shouldn’t affect the strength of your case as long as your new attorney is well-prepared.


Will I Have to Pay for Both Attorneys?

In most cases, if you switch attorneys:


  • Payment obligations: You generally only pay the attorney’s fees for the time they worked on your case. This fee is subject to approval by the Social Security Administration (SSA) and is typically taken from your backpay if your claim is successful.
  • Fee-sharing: If your previous attorney has already worked on your case, they may be entitled to a portion of the fee when you win your case, even if you switch attorneys. The SSA will typically divide the fee between the two attorneys.
  • No double payments: You should not have to pay two attorneys for the same work. The SSA typically ensures that only one fee is paid, and it will be divided appropriately.

How Hogan Smith Can Help

At Hogan Smith, we understand how important it is to have a lawyer who is fully committed to your case. If you’re unhappy with your current representation or need a change, we can:


  • Offer a free consultation: We’ll review your case and provide insight into how we can help you move forward.
  • Take over your case seamlessly: If you decide to switch to us, we’ll take care of the paperwork and ensure the transition is as smooth as possible.
  • Provide experienced legal guidance: With years of experience in Social Security Disability law, our team will work diligently to get you the benefits you deserve.

Contact Hogan Smith Today

If you're ready to switch your Social Security Disability attorney and want to work with an experienced, dedicated team, Hogan Smith is here to help. Contact us today for a free consultation, and we’ll help guide you through the process of switching attorneys and continuing your case without missing a beat.


Further Reading

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Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

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