Need lawyer advice, please

In My Humble Opinion
1

Basically, my girlfriend’s trying to get disability.

She filed a few years ago with lawyer 1, was denied, appealed, that was denied. (Even though she deserved to get it, but that’s an angry rant for another time.)

Lawyer 1 wouldn’t even take her on until she’d already filed and been denied, and I’d read that your best bet is to have a lawyer from the very beginning of the process, so I found lawyer 2.

Lawyer 2 took her on, and she filed a new application a few weeks ago.

Today, got a letter from lawyer 2 saying that lawyer 1 won’t waive his fee in writing, so lawyer 2 can’t represent her anymore. He’s informed social security of that.

I don’t know what to do. (Her health has gotten so much worse recently that I’m going to have to deal with all of this for her. And I’m drowning and overwhelmed but that’s a scared rant for another time.)

I called lawyer 1 and left a message to call me back. He hasn’t yet, which might be a good thing if that was a mistake on my part, which I really don’t know.

Do I try to get lawyer 1 to waive his fee in writing on my own? Call lawyer 2 and ask him what to do? Find a lawyer 3??

I really need help. She needs disability, I can’t screw this up for her.

Thank you very much.

2

Is this in the US?

Social Security WILL take into account deterioration during the appeals process, so if she’s much worse now than a few years ago, it should be easier.

However, there’s a backup, so you’re still looking at a couple of years. Is there anywhere else you can turn? Counseling? Churches? Your family? Institutionalization?

3

My first instinct as a layperson would be to contact your state’s bar association and complain about lawyer 1’s shenanigans. If he works at a firm, you may be able to contact them and complain that his failure to respond is costing your girlfriend in terms of money AND health. Of course, if he’s a solo practitioner, that’s not an option. Alternatively, drum up some negative PR online. See if he has a Yelp page. If not, you can make a Yelp entry under his name to complain about him. Or, does he have a website where comments can be posted?

If it’s any consolation, once her disability claim is approved they will backdate the payments to current, in the form of a hefty lump sum. I know it’s hard to soldier on now without the money she needs to get by. Just be there for her, and don’t give up. As long as the doctors are on her side, she’ll get the full amount. Eventually.

I’m not a lawyer, and this advice is worth what you paid for it.

4

Yep, US. Sorry, I should have specified.

I hope this is just me getting ahead of myself, but my huge fear is her never being able to get disability at all (we were told that because of the previous judgement against her, it’d be very hard). I think we can get through a couple of years, between both our families and people at our church, but beyond that, I don’t know what we’d do. I know my family isn’t willing to help out as much as they do now long-term, and her family…let’s just say there are issues there and they can’t be counted on for nearly enough help. And I doubt other people we know, however nice they are, would be willing to help long-term as much as she would need.

I suppose if worst came to worst, institutionalization would have to be done (if it could be, don’t know about the cost or quality of that) but I really hope it won’t come to that.

5

Thank you. I was thinking about doing the bar association and negative pr thing. I think he’s part of a firm, but I’m pretty sure it’s a small one. I know nothing about the law and how lawyers are allowed to practice, so I didn’t know if it would do any good.

6

Is Lawyer 1 claiming he’s owed a fee?

You never retained him, right?
by which I mean, you never said “I agree to have you, Lawyer 1, represent me for an agreed-upon fee in this particular legal matter”. Is that correct?

What is Lawyer 1’s theory why he’s owed anything he needs to waive? And his reason why he is is witholding such waiver?

According to the facts you shared, you retained Lawyer 2, and Lawyer 2 only. I, too, call shenanigans on Lawyer 1. Even if some prior agreement to retain L1 and only L1 forevermore existed, I doubt it would be enforceable. Moreover, he was offered the work and refused it.

7

The first point is bizarre. Why didn’t she hire a specialty firm?

The second pint is understandable.

Why won’t your girlfriend give you a copy of the retainer agreement she had with lawyer #1? It may answer why he doesn’t have to waive his fee.

8

Disability lawyers tend to work on contingency. Not sure about an upfront fee, but the ones my mom has been looking at don’t charge one.

9

Lawyer 1’s card says they’re a disability law firm. I don’t know why they wouldn’t take on her case until she had applied for disability on her own and been denied. My understanding was that that was their standard procedure, and my girlfriend didn’t know any better. She was referred to them by either the mental or physical health clinic/practice she was seeing at the time (can’t remember which and she’s asleep).

Rachellelogram is correct (well, in my experience so far): there’s no upfront fee, the lawyer gets a portion of your disability back-pay if you get it.

The way it went was, she applied for disability, was denied, retained lawyer 1, appealed the denial, and that was denied. At that point, lawyer 1’s office said that they didn’t feel it was worth trying to appeal again and that she should file a whole new application for disability.

In the meantime, she’d met me, and I felt she should have a lawyer represent her through the whole process, so I put her in contact with lawyer 2. He took her on because she was filing a new application.

In an earlier letter, lawyer 2 states that he got in contact with lawyer 1, lawyer 1 confirmed that he is no longer representing my girlfriend, but lawyer 1 has not responded to lawyer 2’s request that he formally waive his fee in writing. As it is, apparently his name is still attached to my girlfriend’s case according to social security. I don’t know what that means exactly.

(I guess that opens another avenue: try to get social security to drop him from her claim since he himself confirms that he no longer represents her?)

Apparently, lawyer 1’s office has communicated that he doesn’t feel that putting it in writing is necessary, but obviously it is since it’s costing my girlfriend her current representation.

I guess this was stupid of me, but as far as I can tell, lawyer 2 is an upstanding guy and I assumed she had the right to chose new representation when she filed a new claim and that if that wasn’t the case, lawyer 2 wouldn’t have agreed to represent her. He was clear that he wouldn’t take over for another lawyer in the middle of a claim out of professional courtesy.

10

Missed the edit window: I’m sorry I didn’t include all those details in my first post. I was freaking out and I didn’t remember all of this until I looked over everything again today. Shitty memory for the win!

11

And missed it again :smack:: Forgot to address another point - I don’t remember specifically seeing a copy of whatever agreement she signed with lawyer 1. I’ll try to find it.

12

Aha. L1 is not claiming any right to a fee, it’s that he thinks it’s too much trouble to put it in writing?

I think, if gf has not already done so, she needs to inform SS office/tribunal/appeals unit (whoever you are dealing with) that L1 is not representing her. She may have to do so in writing. Basically as far as they know L1 is still her representative, because he was the last person to file as representative with the court/office and they never got new information. She should be able to clear it up with a call and possibly a follow up letter.

13

Just like Rachellelogram said… Call the state bar association. Better yet, write a letter to the State Bar, then copy Lawyer 1.

But, make sure you are calling the right place. I am an attorney in Virginia. Our Bar association is the Virginia State Bar. Their website has contact info to report conduct of Virginia lawyers. But there is also the Virginia Bar Association, the American Bar Association, Virginia Women’s Lawyers Association, blah blah blah. So make sure you are barking up the right tree, so to speak.

14

That’s what it sounds like to me. Kind of ridiculous, but there you go.

We’ll do that, thank you!

And thank you too, llcoolbj77. I’ll make sure to try to get the right guys involved. I’m thinking I’ll try the social security angle first, and then get in contact with the state bar association so hopefully they can help me handle lawyer 1.

15

Keep in mind that if you’re not your girlfriend’s legal guardian or have power of attorney, those people might refuse to talk to you. Your girlfriend might have to make those calls, and sign whatever letters you send.

16

I have no guaranteed knowledge about this and I am not a lawyer.

You said she filed a “new application”. Depending on the circumstances, it’s possible that filing an entirely new and different, second application for SSDI can lead to a person losing out on the lump-sum back-payments they would have gotten under the first application.

It’s my understanding that for this reason one should pursue every single appeal option on their original claim before ever considering filing a entirely new application. Thus, you guys should stick with the original application–if you need to get away from the attorney attached to it (#1) then figure out how–but stick to the first application.

For example, let’s say I became disabled in June 2010 and then filed for SSDI in January of 2011. Then six months later in June 2011 my claim is denied. I immediately appeal and then six months later (January 2012) I am denied a second time. At that point the only option is to appeal to a federal administrative judge and that can take a while. So let’s say I finally receive my hearing with the judge in January 2013 whereupon the judge overturns the SSA’s denial and I am granted SSDI.

At that point I would be owed back-payments all the way back to when my disability started in June 2010 (minus 5 months or so for various arcane reasons but we won’t include that here for simplicity’s sake). That would be two and a half years, or 30 months of back payments I would receive in a single lump sum.

HOWEVER-- If instead of appealing to the federal judge I simply gave up after the second denial from the SSA and then started the whole process all over again in say, May of 2013, then if that new application was successful I would only get back-payments retroactive to May 2013—NOT June 2010.

It’s all really complicated and messed up and I do not make any assurances that my example is totally correct. I’m just pointing out that making a second, later application *might *end up costing you $$$$ in lost back-payments.

17

Have you visited Lawyer 1’s office for a face-to-face? (you’ll probably have to bring girlfriend if she is able). There is a chance this whole thing could be sorted out in a matter of minutes after a level-headed, in-person conversation.
mmm

18

Thanks, all.

Update:

Looked up state bar association, their website says they don’t handle complaints against lawyers (Maryland) and to go to the Attorney Grievance Commission. Went to their site, then got sidetracked (next item). Will call tomorrow. And maybe the bar association too just to cover all my bases.

Called Legal Aid, they said they couldn’t do anything but transferred me to (I think) legal advice, or something like that (like I said, shitty memory). They said, have girlfriend call later this week, so I’ll make sure she does that.

Lawyer 2 came with us to file her current application and he asked the social security woman about representation. I can’t remember all of it, but I assumed he would have taken care of it then (removing lawyer 1). Occurred to me later I shouldn’t assume anything but it’s too late to call ss now, so I’ll have girlfriend do that tomorrow.
Mean Mr. Mustard: I was actually planning to ask lawyer 1 for an in-person meeting if he calls back.

How should I do that? I don’t want him to shut me down and refuse to see us. Should I just say that my girlfriend wants to see him regarding her disability claim? Or just schedule an appointment through his secretary? I don’t want to engender his ill-will by lying and then ambushing him, but I’m afraid if he knows that I’m/we’re trying to get him to sign the waiver, he’ll refuse and ignore any further communications. (I know that would likely mean that an in-person meeting wouldn’t help much, but who knows, maybe my pleas would move him.)

(I’m concerned that it’s more than him not thinking it’s necessary, that that’s really an excuse not to do it because he’s hoping to get money if she gets disability. I know he didn’t get any money for doing her first claim, and that sucks, but he set those terms, not her (not getting any money unless she won.))
I Love Me, Vol 1: Thank you. I know it means she won’t get as much back-pay, but (for lengthy reasons that might be too identifying), I think this is the right move. And I think it’s a moot point anyway since she already filed again.
Did I miss anything? Feedback?

Thanks. Sorry for being terse - I’m exhausted.

(I hope I didn’t put too much personally identifying information in this or something. I don’t think so, but I’m not thinking that clearly. Erm, could someone reassure me on that point (that I haven’t somehow shot myself in the foot here)? Thank you.)

19

There could be a few circumstances where it is the right move, but IMO, it’s more likely that it is not. It could be a difference of thousands of dollars.

Try to find out (from atty. #2?) if it is in fact a moot point. It may be that the first application was never “closed” and your g-friend may be able to still move forward with that one but with a new attorney. It may make a big difference in the end and I’d hate to see you guys kicking for losing money because of not finding out all the details now. It sure can’t hurt to ask.

That’s the thing about SSDI and some other government programs… if you do not do things* exactly* as you are supposed to on the front end, you can really get screwed on the **back **end with absolutely no recourse possible at that point. It’s kinda like the way manufacturer’s rebates work. They set it up so you have to dot all the "i"s and cross all the "t"s know that many folks won’t, and when that happens, they don’t have to pay.

I urge you to consult a knowledgeable (and interested) attorney about this.

Good luck!

20

I don’t know anything about ssdi but please please please start taking notes when you talk to people. You’re going to forget something important.