Last Updated on May 24, 2022 by Deborah L. Hardin
Question: Can I fire my representative?
Dear Reader:
As a disability representative, I will admit that this question makes me squirm a bit.
But, YES, you can fire your representative.
I have spoken with several unhappy people that have representatives who are far away, difficult to reach, or just don’t seem invested in their cases. Your case is extremely important to you and you are relying on these benefits! So, it is understandable that you would be frustrated with a non-responsive representative. You need a representative who CARES about you and your case.
Please talk to your representative before deciding to fire them. It is possible that there has been some miscommunication, and/or that your representative has a reason for the things he or she is doing (or not doing). Oftentimes, it just takes a simple conversation to get you and your representative on the same page.
If you want to fire him or her because your case is just taking too long . . . You need to know that slow processing times are completely at the mercy of SSA, and your representative has no control over this.
So, here is how you fire your representative:
- First, you need to write a letter to SSA, letting them know that you want to revoke the appointment of that representative. Be sure to sign this letter. Send one copy to SSA, another to the representative, and keep one for yourself.
- Next, follow up with SSA and your representative to be sure these notices were received.
- Third, ask your representative to send a letter to SSA disclaiming any attorney fees owed from your past due benefits. They don’t have to disclaim the money, but some disability attorneys will do so. Please note: not all *representatives* are attorneys.
- Finally, if your (now) former representative will not disclaim their attorney fees, you can ask the judge to pay them less or not at all. You will need to be prepared to tell the judge why your former representative should NOT be paid this money. The judge will make a decision after the representative has had a chance to respond.
Here is what the SSA says about firing your representative:
“A claimant may revoke the appointment of a representative at any time. A revocation of appointment must be in writing and must be signed by the claimant. SSA does not have a standard form for revoking the appointment of a representative. Therefore, SSA must ensure that the representative whose appointment has been revoked is properly advised, either by obtaining the representative’s signature on the revocation, or by sending the representative a copy of the statement of revocation signed by the claimant. SSA will include a copy of any written notice of revocation in the claim file.”
I hope this helps.
Best of luck with your claim!
Deborah L Hardin, Managing Attorney
