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Social Security Disability Fee Agreement/Petition: A Partially Favorable Decision Is Appealed

Dallas, TX |

I applied for SSDI/SSI years ago; signed a fee agreement; ALJ denied; rep withdrew. I appealed on my own; granted remand with instructions; a new hearing was scheduled; contacted new rep. I explained my medical history and how the 1st rep failed me; the new rep agreed my claim was very winnable. He was hesitant to take over because of the previous fee agreement, but ultimately had me sign a new agreement. During the 2nd hearing, a ME said I met a listing, but because of an ongoing AOD issue, the ALJ moved my AOD ahead by 8 years; dismissed my SSDI claim; granted me SSI; case closed. My rep objected to nothing and failed to instruct me on what was going on. I ultimately received no SSI award/back pay because a little over asset limit; fee agreement was disapproved; filed another appeal.

Received 2nd AC remand with stipulation to my disability, but with instructions to clarify my AOD. This tells me that I am currently classified as disabled; my claim is solely about correct AOD now. 3rd ALJ hearing has been scheduled with a new ALJ. Because my reps fee agreement was disapproved, he will have to submit a fee petition. In doing so, can he request that I sign a new fee agreement (which would void out him having to submit a fee petition)? What do I say if he happens to suggest signing a new fee agreement?

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Attorney answers 3

Posted

You do not have to sign a new fee agreement and he does not have to continue to represent you.

The information you obtain from this website is not legal advice.

Asker

Posted

Thanks for replying. I want to make sure I understand the difference between not having to sign a new fee agreement versus is it legal/ethical in the event he asks me to? At this late hour in a 4 year long battle, I don't want to be mislead into anything else. He's already established that he will continue to represent me, so I'm not worried about him withdrawing. He's made it clear I should win; it's just a matter of what he may try to do with the fact his previous fee agreement was disapproved. I'm just a little weary about possible lawyer fees for representation which has been quite lacking.

Posted

No need for new fee agreement

Licensed & have offices in PA & NJ ONLY. (Philadelphia, PA & Marlton, NJ)

Posted

There is no need for a new fee agreement.

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