In 1998 I started experiencing serious symptoms of depression, crying spells, etc. I am a veteran 7.5 yrs, so I went to the VA clinic in Decatur Ga. They diagnosed me with Major Depressive Disorder. I have been under a Dr’s care since then and have since then been diagnosed with PTSD, I have other health issues too. I got a letter from a VA Dr stating I was unable to work in 1999.

I filed for SSI in 2000. I have been denied 4 times and finally the last time, I appealed in 2004 & hired a major legal company.  Supposedl y I am waiting for a hearing, but I am not sure if I should continue to let this major legal firm work for me or hire someone else. If I hire som eone else, will I have to start over?

Jonathan Ginsberg responds: Paulette, the short answer to your question is that if you changed attorneys you would not have to start the disability process over again.  Your new lawyer would simply take over and represent you in court.

As a rule, I strongly recommend that you avoid changing lawyers.  Firstly, your current lawyer has no control over the long delay in your hearing being scheduled.  I practice in the Atlanta area myself and scheduling delays of more than two years are not uncommon.

Secondly, if you change attorneys you may end up paying more than 25% of past due benefits.  Whether you win or lose both lawyers will have the right to petition the Social Security judge for the right to charge a fee.  Social Security will withhold only 25% of past due benefits, but if one of the lawyers wants to pursue collection, you may end up paying a total that is more than 25%.

In that regard, I rarely accept cases where there has been another lawyer.  If there has been another lawyer, Social Security will require me to file a fee petition (which is time-consuming and a headache), instead of simply filing a fee agreement.  Also, since I know most of the disability lawyers in town, I would reluctant to take someone else’s case unless that other lawyer waived his fee and had no objection.

So, while you can change lawyers, I don’ t necessarily think that you should just because you are unhappy with delays that are out of your lawyers’ hands.

[tags] social security delays, georgia social security disability lawyer, changing lawyers disability case [/tags]