Originally Posted by legalmania
What appeal level are you at Rickey? Did you get the name of the person who said they would submit all this information. Sometimes they promise they'll do something and don't. I would call in a couple of days and try to find out what was done.
I thought the same thing about promising and not following through. I called the same lady again today to ask her a question about the lawyer. She told me today that my file was with a senior attorney there awaiting his decision. I am in the first appeal process, the Adjudications and Appeals office is where all this is happening.
My lawyer got his letter today so he called me wanting to know why I fired him. I expressed my feeling about the whole situation, about the fact that I haven't seen any thing he did other than sending records to SSDI. I told him that if I had to pay him 2 to 3 thousand dollars, he could damn well keep me updated. He said that he had done a lot more than that behind the scene that I didn't know about.
Anyway, he said that if I got a favorable decision; he would file a fee petition to get his money. He made it clear that this is not the first time he was dismissed when a case was this close to being won. He said he has filed many fee petitions and he has always won. He said a client gets this close and figures out that he can out smart the attorney to keep from paying him. I never once thought about cheating him out of his part.
He said SSA gives him the right to do this fee petition. The lady I talked to today at SSDI said if he did file, a judge would have to review his petition and this could hold up my backpay for months in the event that I win. the lawyer could get up to 25% of the backpay if the judge rules in his favor.
I really don't know what to do now, hire him back or let him take part of my money without representing me. I have come to the conclusion that when you try to deal with any government organization, you loose ALL
of your rights. They even protect the lawyer representing an individual better than they protect the individual himself.
Anyway, I would appreciate any advice.