You can fire your SSDI attorney at any time, with or without cause, by sending written notice to them and to Social Security

Your relationship with a disability attorney is not permanent. You have the right to end it whenever you want — whether you are unhappy with their work, want to switch to someone else, or straightforward prefer to handle your case alone. The process is straightforward: you notify the attorney in writing, notify Social Security in writing, and the representation ends. No permission is required from anyone.

The timing matters slightly depending on where your case stands. If you are still waiting for a decision, firing your attorney straightforward means you will handle communications yourself or hire someone new. If you have already won and are receiving benefits, firing your attorney does not affect your benefits — it only stops them from collecting a fee on past work.

Key Takeaways

  • You can terminate your attorney relationship by sending a written notice to both the attorney and Social Security's Office of Hearings Operations.
  • Your attorney's fee is capped at 25 percent of past-due benefits or $7,200, whichever is less, and this cap applies whether you fire them or they withdraw.
  • If you fire your attorney before a decision is made, Social Security will send all future notices to you directly instead of to them.
  • Firing an attorney does not delay your case or affect any decision Social Security has already made about your claim.
  • You should fire your attorney in writing and keep a copy for your records, because verbal notice is not documented.

How to Send Written Termination Notice

Write a letter to your attorney stating that you are terminating their representation, effective when ready. You do not need to give a reason, and the letter does not need to be long. A straightforward statement — "I am terminating your representation of my SSDI case effective [date]" — is sufficient. Include your name, your Social Security number, and the date of the letter.

Send this letter by certified mail with return receipt requested. This creates a paper trail showing when the attorney received it. Keep a copy for your own records. If your attorney has an office address on your representation agreement, send it there. If you have been communicating with them by email, you may also send an email copy, but the certified letter is the one that counts legally.

On the same day or within a few days, send a second letter to Social Security. Address it to the Social Security office handling your case — usually the local field office where you filed, or the Office of Hearings Operations if your case is at the hearing stage. State that you are terminating representation by [attorney name] and that Social Security should send all future notices to you directly at your address. Include your name, Social Security number, and the date.

Notifying Social Security of the Change

Social Security needs to know that your attorney no longer represents you so they send documents to the right place. If you do not notify them, they may continue sending notices to your former attorney, and you could miss important important date without realizing it.

You can notify Social Security by mail, by phone, or in person. Mailing is the clearest method because you have a record. Call your local Social Security field office and ask for the address where representation changes should be sent, or send your letter to the Office of Hearings Operations at 5107 Leesburg Pike, Falls Church, Virginia 22041 if your case is in the appeals process.

If you prefer to call, dial 1-800-772-1213 and tell the representative that you are terminating your attorney's representation. They will note it in your file. Ask them to confirm that future notices will go to you, not your attorney. Get the name of the person you spoke with and the date, in case you need to follow up.

What Happens to Your Attorney's Fee

Your attorney's fee is set by law, not by negotiation. Social Security will pay them up to 25 percent of the past-due benefits you receive, or $7,200, whichever is smaller. This is called a fee agreement, and it was part of the contract you signed when you hired them.

If you fire your attorney before Social Security makes a decision on your case, they may still be owed a fee if they did work that led to your eventual approval. The exact amount depends on what stage the case was at when you fired them. Some attorneys will negotiate a lower fee if you terminate early; others will not. This is a conversation to have with your attorney directly, though you are not required to negotiate — the law sets the maximum, and Social Security will enforce it.

If your attorney has already been paid a fee by Social Security (which happens when you win), firing them does not change that. The fee has already been deducted from your back pay. Firing them straightforward stops them from collecting any additional fees going forward.

If Your Attorney Refuses to Withdraw

Rarely, an attorney may refuse to acknowledge your termination letter or continue acting as though they represent you. If this happens, send a second certified letter stating that you have already terminated representation and that they should not contact Social Security or take any further action on your behalf. Keep copies of both letters.

You can also contact Social Security directly and tell them that your former attorney is still trying to represent you against your wishes. Social Security can note this in your file and instruct the attorney to stop. If the attorney continues to interfere with your case after that, you can file a complaint with your state bar association, which licenses and disciplines attorneys. The bar association's contact information is available on your state's official website.

Switching to a New Attorney

If you are firing your current attorney because you want to hire a different one, you can do both at once. Send termination notice to your current attorney and a representation agreement to your new attorney on the same day. Your new attorney will file their own representation agreement with Social Security, and the transition is complete.

Your new attorney will be bound by the same fee cap as your old one — 25 percent of past-due benefits or $7,200, whichever is less. If both attorneys have done work on your case, Social Security will split the fee between them based on what each one did. This is another reason to keep records of when you switched and what work each attorney performed.

Representing Yourself After Firing Your Attorney

You have the right to represent yourself in your SSDI case at any stage — before a decision, at a hearing, or on appeal. Firing your attorney does not require you to hire a new one. You straightforward handle communications with Social Security yourself.

If your case is still pending, you will receive all notices directly. Read them carefully and meet any important date. If you are asked to provide medical records or other evidence, do so on time. If you have a hearing scheduled, you can attend and present your case yourself, though many people find it helpful to have an attorney or representative present.

If you decide later that you want an attorney after all, you can hire one at any point. They will file a representation agreement, and from that point forward they will handle communications with Social Security.

Frequently Asked Questions

Will firing my attorney delay my case?

No. Firing your attorney does not pause or slow your case. Social Security will continue processing your claim on the same timeline. The only change is who receives notices — your attorney instead of you, or you instead of your attorney.

Can my attorney refuse to give me my case file?

No. Your case file belongs to you. Your attorney must give you copies of all documents they have — medical records, letters, hearing transcripts, anything related to your claim — within a reasonable time after you request them. If they refuse, you can file a complaint with your state bar association.

What if I fire my attorney right before my hearing?

You can still attend your hearing and represent yourself, or you can hire a new attorney and ask Social Security to reschedule. If you want to reschedule, contact the Office of Hearings Operations when ready and explain that you have changed representation. They will work with you to set a new date.

Do I have to pay my attorney anything if I fire them?

You only owe your attorney a fee if Social Security approves your claim and you receive back pay. The fee comes out of that back pay automatically — you do not pay it separately. If Social Security denies your claim, your attorney gets no fee, whether you fired them or not.

Can I fire my attorney and then hire them back later?

Yes. There is no rule against it. You would send a new representation agreement, and they would file it with Social Security. However, the fee cap still applies — they cannot charge you more than 25 percent of past-due benefits or $7,200 total, even if you hire them twice.