[Rayandnay]

Can you switch attorneys at the appeals stage before the appeals council? Or would a new attorney prefer you to start over?

[LIT LOVE]

Originally Posted by Rayandnay

Can you switch attorneys at the appeals stage before the appeals council? Or would a new attorney prefer you to start over?

You can, but they would be entitled to a percentage of the attorney's fees, so a new attorney may be unwilling to take a reduction. If B&B were to drop you voluntarily, then they would be entitled to no fees. (Becoming a high maintenance client can encourage this.) SS determines which attorney gets paid what amount, and you can always argue they did a poor job representing you and should receive little to nothing. You need to read your contract with Binder and Binder, which might allow them more than the normal $6000 max since they represented you at the AC level.
http://www.disabilitysecrets.com/res...ition-get-paid.

Even half of the fees would be better than starting over from scratch where you'd have no back pay and are ineligible for SSDI--they would be unlikely to take you on until you're a few years into the process. --Although, apparently they can do a fee petition even in that scenario, but I've never heard of that happening to someone.

I'm unclear if you're considering new council before your ALJ hearing, or only if you're denied again?

You can see if B&B would be willing to reassign you a new attorney. Or, if you're happy with the senior attorney, you can ask to work more closely with him/her.

There are some advocacy groups that will help you at no charge. They are generally for those with psych or mental impairments, and you'll most easily find them in large urban locations.

Have you received a hearing date yet?

[Rayandnay]

Originally Posted by LIT LOVE

You can, but they would be entitled to a percentage of the attorney's fees, so a new attorney may be unwilling to take a reduction. If B&B were to drop you voluntarily, then they would be entitled to no fees. (Becoming a high maintenance client can encourage this.) SS determines which attorney gets paid what amount, and you can always argue they did a poor job representing you and should receive little to nothing. You need to read your contract with Binder and Binder, which might allow them more than the normal $6000 max since they represented you at the AC level.
http://www.disabilitysecrets.com/res...ition-get-paid.

Even half of the fees would be better than starting over from scratch where you'd have no back pay and are ineligible for SSDI--they would be unlikely to take you on until you're a few years into the process. --Although, apparently they can do a fee petition even in that scenario, but I've never heard of that happening to someone.

I'm unclear if you're considering new council before your ALJ hearing, or only if you're denied again?

You can see if B&B would be willing to reassign you a new attorney. Or, if you're happy with the senior attorney, you can ask to work more closely with him/her.

There are some advocacy groups that will help you at no charge. They are generally for those with psych or mental impairments, and you'll most easily find them in large urban locations.

Have you received a hearing date yet?

No hearing date yet, my congressman and even when I call 800 number for social security are amazed at time line of this case. I ask this question if I am denied again. I've been with binder and binder 8 years and 2 months, I might be eligible for a pension from them.

[LIT LOVE]

Originally Posted by Rayandnay

No hearing date yet, my congressman and even when I call 800 number for social security are amazed at time line of this case. I ask this question if I am denied again. I've been with binder and binder 8 years and 2 months, I might be eligible for a pension from them.

You should have hired a new attorney when you started the new application.

At the AC stage either B&B and/or the new attorney can request a higher fee than the $6000 max, so IF the new attorney feels the ALJ you haven't seen yet makes a legal error in her ruling, and that your case is strong enough to eventually win, they should be willing to take you on.

Your timeline is really not that unusual. And I know you like to think of it has having taking 8 years, but you should be starting the clock after you started your second application.

Without the right evidence of a severe enough disability you could spend 10 years fighting for benefits and ultimately be denied.

You need to focus on preparing for the ALJ hearing. Go through this forum on SSDfacts if you haven't already. http://ssdfacts.com/forum/index.php?board=4.0

[Rayandnay]

Originally Posted by LIT LOVE

You should have hired a new attorney when you started the new application.

At the AC stage either B&B and/or the new attorney can request a higher fee than the $6000 max, so IF the new attorney feels the ALJ you haven't seen yet makes a legal error in her ruling, and that your case is strong enough to eventually win, they should be willing to take you on.

Your timeline is really not that unusual. And I know you like to think of it has having taking 8 years, but you should be starting the clock after you started your second application.

Without the right evidence of a severe enough disability you could spend 10 years fighting for benefits and ultimately be denied.

You need to focus on preparing for the ALJ hearing. Go through this forum on SSDfacts if you haven't already. http://ssdfacts.com/forum/index.php?board=4.0

I am trying to focus on hearing, but with binder and binder I need a court order to get them to talk to me, everything seems so not important, wait until the day of the hearing go in back room get acquainted, go over case, lose again.

[LIT LOVE]

Originally Posted by Rayandnay

I am trying to focus on hearing, but with binder and binder I need a court order to get them to talk to me, everything seems so not important, wait until the day of the hearing go in back room get acquainted, go over case, lose again.

Stop calling them. Put all your questions in writing and send them in a way that can be verified they received them--by email, fax, or registered mail. Then if they ignore your questions, you have evidence to show the court if you want to fire them later on.

[Rayandnay]

Originally Posted by LIT LOVE

Stop calling them. Put all your questions in writing and send them in a way that can be verified they received them--by email, fax, or registered mail. Then if they ignore your questions, you have evidence to show the court if you want to fire them later on.

Perfect idea as usual!