You can fire your SSDI lawyer at any time, but you must notify Social Security in writing before hiring a replacement
There is no waiting period and no penalty for changing lawyers. You own the relationship with Social Security, not your lawyer. However, Social Security will not recognize a new lawyer's authority to represent you until you file a form with them, and you must formally end the old representation first. If you do not, both lawyers may claim the fee, or Social Security may refuse to pay either one.
The process takes about two weeks if you move quickly. The steps are straightforward: send a termination letter to your current lawyer, file a form with Social Security to end their representation, then file a new form to authorize the new lawyer. Each step must happen in order.
Key Takeaways
- You must send written notice to your current lawyer before you hire a new one, even if you are unhappy with their work.
- File Form SSA-1696 with Social Security to officially end your current lawyer's representation; this stops them from receiving fee payments on your case.
- Your current lawyer may owe you a refund if they received a fee from Social Security but did not earn it under the fee agreement you signed.
- Once the old representation ends, file a new Form SSA-1696 with your new lawyer's signature to authorize them to represent you.
- Keep copies of all termination and authorization forms for your records, and confirm with Social Security that the change went through.
How to Notify Your Current Lawyer in Writing
Send a letter to your lawyer stating that you are ending their representation effective when ready. You do not need to explain why, and you do not need to ask permission. A straightforward email or letter is enough: "I am terminating your representation of my SSDI case effective [date]. Please confirm receipt of this notice." Keep a copy for yourself.
If your lawyer is with a firm, address the letter to the firm, not the individual attorney. Include your name, your Social Security number, and the date of your letter. Send it by email if you have an email address on file, or by certified mail if you want proof of delivery. Either method is legally valid.
Your lawyer may contact you to discuss the decision or to ask about outstanding fees. You are not required to respond, but it is often worth a brief conversation if the lawyer claims you owe money for work already done. If you disagree, you can dispute the fee with Social Security later.
Filing Form SSA-1696 to End the Current Representation
Form SSA-1696 is the official document Social Security uses to authorize or end lawyer representation. To end your current lawyer's authority, you file a blank or partially completed SSA-1696 that names only you and states that representation is being terminated. You do not need the lawyer's signature on this form.
Mail the form to the Social Security office that handles your case. You can find the address on any letter Social Security sent you, or call 1-800-772-1213 and ask which office to send it to. Include a cover letter that says: "I am terminating the representation of [lawyer name] effective [date]. Please process the attached Form SSA-1696."
Social Security will send you a confirmation letter within two weeks. This letter is your proof that the old representation has ended. Keep it with your case file. Once this letter arrives, your old lawyer can no longer receive fee payments or access your case information.
Understanding Fee Refunds and Disputes
If your lawyer received a fee from Social Security but you believe they did not earn it, you can request a refund. This happens most often when a lawyer is paid a large fee early in the case but then does little work, or when you fire them before they finish.
Social Security pays lawyers a percentage of past-due benefits, up to 25 percent, but only if the lawyer actually helped you win those benefits. If you fire your lawyer before a decision is made, or if they did almost no work, you can challenge the fee. File a written objection with the same Social Security office that paid the fee, explaining why the fee was not earned. Social Security will review the case and may order a refund.
You do not need a new lawyer to dispute an old fee. This is a separate matter between you and Social Security. However, if the dispute is large, your new lawyer may be willing to help you pursue it as part of their representation.
Authorizing Your New Lawyer with Form SSA-1696
Once the old representation has ended (confirmed by Social Security's letter), you and your new lawyer must both sign a new Form SSA-1696. Your new lawyer will usually prepare this form and send it to you to sign. You sign it, return it to them, and they file it with Social Security along with a copy of their fee agreement.
The fee agreement must state the percentage or dollar amount the lawyer will charge, and it must be approved by Social Security. Most SSDI lawyers charge 25 percent of back pay, the maximum allowed. Some charge a flat fee instead. Make sure you understand the fee before you sign the SSA-1696.
Your new lawyer will file the completed form with Social Security. You should receive a confirmation letter within two to three weeks. This letter means your new lawyer is now officially authorized to represent you and can receive fee payments if you win.
What Happens to Your Case During the Lawyer Change
Your case does not stop or reset when you change lawyers. If you are waiting for a decision from Social Security, the wait continues. If you are in an appeal, the appeal stays on schedule. The only thing that changes is who Social Security will talk to about your case.
Your new lawyer will request your case file from Social Security, which usually takes one to two weeks. During this time, your old lawyer still has access to the file, so there is a brief overlap. Once your new lawyer's SSA-1696 is processed, your old lawyer's access ends.
If your case is scheduled for a hearing before an Administrative Law Judge, notify the judge's office that you have a new lawyer. You can do this by phone or in writing. The judge will want to know before the hearing date so they can send hearing notices to the correct address.
Common Reasons to Change Lawyers and What to Watch For
People change SSDI lawyers most often because the lawyer is not communicating, is not returning calls, or seems to have abandoned the case. If you have not heard from your lawyer in several months and your case is still pending, that is a sign to move on. A good lawyer checks in at least every few months, especially if a decision is expected soon.
Another common reason is that the lawyer is pushing you to accept a settlement you do not want, or is charging a fee you think is too high. You have the right to refuse both. If your lawyer is pressuring you, that is a reason to find someone else.
Be cautious of lawyers who promise a specific outcome or who may provide you will win. No lawyer can may provide a win in an SSDI case. If a lawyer makes this promise, it is a red flag. Also watch for lawyers who ask you to pay an upfront fee before any work is done. Social Security does not allow this, and it is a sign the lawyer may not be legitimate.
Frequently Asked Questions
Can I change lawyers while my case is on appeal?
Yes. Appeals can take months or years, so changing lawyers during an appeal is common. Your new lawyer will pick up where the old one left off. Notify the appeals office and the judge's office of the change so they send documents to the right address.
Will my old lawyer try to block the change?
A lawyer cannot block you from firing them or hiring someone new. However, they may claim they are owed a fee for work already done. If you disagree, you can dispute the fee with Social Security. The fee dispute does not prevent you from changing lawyers.
What if I cannot afford a new lawyer?
SSDI lawyers work on contingency, meaning they are paid only if you win and only from your back pay. There is no upfront cost. If you cannot find a lawyer, contact your local legal aid office or a disability rights organization in your state; they may represent you for free or refer you to a lawyer who will.
How long does it take for the new lawyer to be officially authorized?
Social Security usually processes a new SSA-1696 within two to three weeks. You will receive a confirmation letter. Until you get this letter, your new lawyer cannot officially represent you or receive fee payments, though they can begin reviewing your case informally.
Do I have to tell Social Security why I am changing lawyers?
No. You do not need to explain your reasons. straightforward file the termination form and the new authorization form. Social Security does not ask why, and you do not need to provide a reason.