Absolutely. You can change attorneys at any stage, including after an Appeal Council denial. Your case belongs to you.
- Appeals Council:
- The last step in the SSA’s administrative appeals process. Once it issues a denial, SSA administrative appeals are finished.
- Federal District Court:
- The U.S. court where you file a civil action to challenge an Appeals Council denial. Your attorney must be licensed to practice in the Federal Court in your jurisdiction.
- Form SSA-1696:
- Appointment of Representative — the SSA form that puts a new legal representative on your case.
- Form SSA-1696-SUP1:
- Revocation of the Appointment of a Representative — the SSA form that removes the prior counsel from your case.
- Contingency Basis:
- A fee arrangement where attorney fees usually come out of past-due benefits (back pay) only if you win.
However, after an Appeals Council denial, SSA administrative appeals are finished, meaning your next move most likely entails filing a civil action in a U.S. Federal District Court (or, in some situations, starting a new application).
If the Appeals Council makes an unfavorable decision, you can switch attorneys and file in Federal court. But — extremely important here — switching attorneys does not extend deadlines in any manner, so if you switch, don’t let it jeopardize your deadlines.
What You Need To Know About Switching Attorneys After an Appeals Council Denial
Once you are given a denial by the Appeals Council, you have 60 days after you receive the Appeals Council notice to file in Federal District Court (SSA generally presumes you receive the notice 5 days after the date on the notice, unless you can show you received it later). From this moment, the clock is running and there are a handful of special considerations:
- Federal court has extra requirements, and your attorney needs to be licensed to practice in the Federal Court in your jurisdiction.
- If a case is already filed, there is a separate substitution of counsel process which is different than the SSA forms you must file.
For SSA Forms, you will need to file:
- Form SSA-1696: Appointment of Representative, which puts a new legal representative on your case
- Form SSA-1696-SUP1: Revocation of the Appointment of a Representative, which removes the prior counsel from your case or a signed, dated revocation letter to remove the prior counsel from your case
We cannot emphasize this enough, if you would like to take your case further and are in need of new representation, you should act quickly. Writing Federal Court briefs is a lengthy and time-consuming process, so any attorney will want plenty of time to review the case exhibits and ruling precedential law to properly develop their arguments. In many instances, an attorney may have several Federal Court cases going at any one time—all of which require their expert attention.
Call Us TodayYour Two Options: Federal Court vs. New Application
If you wish to proceed with a Federal Court appeal, your new representative will generally challenge the denial based on the existing administrative record. If you feel like this is not the best course of action, you can also file a new application and can include new medical evidence in your filing. But, if you are at this stage in your SSDI appeals process, it is recommended to meet with an SSDI attorney to ensure you take the best course of action.
The Typical Process for New Representation at This Stage
- Request your complete case file from your current SSDI attorney
- Notify your current legal representative in writing that you’re ending representation
- File Form SSA-1696-SUP1 (optional) or send SSA a signed, dated revocation letter
- If your prior attorney has entered an appearance with the Federal Court, they must enter a withdrawal according to governing rules
- Look for a new attorney and ensure they have experience at the Federal level
- You will sign a new fee agreement with your Social Security disability attorney
- The new attorney will file a notice of appearance with the Federal Court
- Form SSA-1696 appoints your representative for SSA, but it is not the same thing as a Federal Court notice of appearance/substitution
- The new attorney must have a fee agreement that outlines how they are to be paid upon securing a favorable decision from the Court
Information About Potential Fees When You Switch Attorneys
When you switch attorneys after being denied at the Appeals Council stage, you typically do not pay “double” fees. Ideally, your prior attorney will waive their fees upon withdrawing representation. Nonetheless, the total attorney fee is still limited by Federal rules, and your prior attorney and new attorney could each petition Social Security for allowable fee based on the work each performed. Additionally, any fees usually come out of past-due benefits (back pay) if you win, as attorneys typically represent these cases on a contingency basis. You may still be responsible for expenses outlined in the representation agreement you signed with any attorney.
An Important Callout
Depending on where your case is and what has already been done, a former attorney may request payment for their time through a fee petition. The most important step is to review your old and new fee agreements carefully and ask your new SSDI attorney to explain how any fee split would be handled in your specific case.
Frequently Asked Questions
Can I switch SSDI attorneys after an Appeals Council denial?
Absolutely. You can change attorneys at any stage, including after an Appeals Council denial. Your case belongs to you. Keep in mind that switching attorneys does not extend deadlines in any manner.
How long do I have to file in Federal court after an Appeals Council denial?
You have 60 days after you receive the Appeals Council notice to file in Federal District Court. SSA generally presumes you receive the notice 5 days after the date on the notice, unless you can show you received it later.
What SSA forms do I need to switch representatives?
Form SSA-1696 (Appointment of Representative) puts a new legal representative on your case. Form SSA-1696-SUP1 (Revocation of the Appointment of a Representative) or a signed, dated revocation letter removes the prior counsel from your case.
Will I pay double attorney fees if I switch?
You typically do not pay “double” fees. Ideally, your prior attorney will waive their fees upon withdrawing representation, and the total attorney fee is still limited by Federal rules. Any fees usually come out of past-due benefits (back pay) if you win, as attorneys typically represent these cases on a contingency basis.
Looking For A New SSDI Representative? We’re Here to Help
Michael Armstrong Law has over 30 years of experience serving New Mexico, Albuquerque, and Greater Albuquerque Metro Area. If you’ve been denied, let us help you get the benefits you deserve. Our team of compassionate SSDI legal representatives is here to help you tell your story, and guide you through the next stage with confidence.