If you’ve already hired an attorney or advocate to help with your Social Security Disability (SSD) claim, you’ve taken an important step toward getting the benefits you deserve. But what happens if you’re not happy with your current representative?

While it’s possible to change attorneys during your case, doing so isn’t always easy — and in many cases, it may not be the best choice. Here’s what you need to know if you’re thinking about making a switch.

Why Changing Attorneys Can Be Difficult

The main reason switching attorneys is complicated comes down to how SSD attorneys are paid. In most cases, your attorney works on a contingency fee basis, meaning they only get paid if they help you win your case — and their payment is a percentage of the back pay you’re awarded.

If you fire your current attorney and hire someone new:

Both attorneys may request a portion of your back pay.
The Social Security Administration (SSA) must approve any fee agreement changes.
The SSA may have to divide the payment between your old and new attorneys, which can make the case less attractive to a new representative.

Simply put, most attorneys prefer to work with clients from the beginning so they can guide the case properly and avoid complications with fees.

Reasons to Consider Changing Attorneys

That being said, there are valid reasons why some people decide to seek new representation:

Poor Communication: If your attorney is not returning your calls, keeping you updated, or explaining your case clearly, you may feel frustrated and unheard.
Lack of Effort or Mistakes: If your attorney misses deadlines, files incorrect paperwork, or otherwise seems careless with your case, it may hurt your chances of winning.
Personality Conflicts: Sometimes, you and your attorney simply don’t mesh. If you don’t feel comfortable or confident in your representative, it’s understandable to consider other options.
Changes in Strategy: If you strongly disagree with your attorney’s recommended approach and can’t find a middle ground, it may be time to explore a change.

Reasons to Think Twice Before Switching

However, there are also strong arguments for staying with your current attorney:

Starting Over Takes Time: A new attorney would need to review your entire case file, which can delay progress.
Fewer Attorneys May Be Willing to Step In: Many attorneys are reluctant to take over a case midstream, especially if they have to split the potential fee.
Your Current Attorney May Still Be Doing a Good Job: SSD cases can move slowly, and delays are often caused by the Social Security system — not by your attorney. A lack of quick results doesn’t necessarily mean poor representation.

How to Switch Attorneys

If you decide switching is necessary, here’s what the process usually looks like:

Review Your Current Agreement:
Read the contract you signed with your attorney. You may have agreed to specific terms about ending the relationship.
Find a New Attorney First (If Possible):
Some attorneys may agree to take your case but only after reviewing the details. Be upfront about your current representation.
Notify Your Current Attorney in Writing:
Send a clear letter stating that you are ending the relationship. Keep a copy for your records. Your new attorney may help you draft this letter.
Notify the Social Security Administration (SSA):
You’ll need to inform the SSA that your previous attorney is no longer representing you. The SSA will require updated paperwork for your new attorney.
Resolve Any Fee Issues:
Both attorneys may file a “petition for fees” with the SSA. The SSA will review and decide how to divide any fees.

Final Thoughts

Changing attorneys during your Social Security Disability case is possible, but it’s a big decision that shouldn’t be made lightly. Communication issues and serious mistakes can justify making a switch, but in many cases, staying the course may be the best way to protect your claim.

If you’re considering changing attorneys, be sure to carefully weigh the pros and cons — and speak to an experienced disability representative who can help you understand your options. Having the right help on your side is critical to getting the benefits you deserve.

Quick Guide: Should I Switch Attorneys?

✅ You Might Consider Switching If:

My attorney does not return my calls or emails.
I don’t feel informed about what’s happening in my case.
I believe mistakes are being made that could hurt my chances.
I strongly disagree with my attorney’s strategy and can’t resolve it.
I feel uncomfortable or don’t trust my current attorney.

⚠️ You Might Want to Stay If:

My case seems slow, but the delays are caused by Social Security (not my attorney).
My attorney is communicating, even if updates are infrequent.
I don’t have another attorney lined up to take over.
I’m close to a hearing date or decision.
Changing attorneys could cause delays or complications with my case.

📝 If You Decide to Switch:

Review your contract with your current attorney.
Find a new attorney willing to take your case.
Send a written letter ending your relationship with your current attorney.
Notify the SSA of the change in representation.
Resolve fee issues — SSA may split fees between attorneys.

💡 Pro Tip:
Before making any moves, talk with your current attorney about your concerns. Sometimes a conversation can fix the problem — and save you a lot of time and stress!