Attorney fee waiverWhenever an attorney withdraws from a case, either on their own or at their client’s request, they must decide whether or not to waive their fee. The new attorney likely wants the prior attorney to waive their fee so that a fee petition will not be needed to get paid.

Attorney Waives Fee

If the attorney waives their fee, then your new attorney can use the fee agreement process to get paid. Attorneys usually prefer to use this method to be paid their fee. It is much easier than using a fee petition.

Attorney Does Not Waive Fee

If an attorney withdraws from a case, or is fired, then they can no longer use the fee agreement process to be paid. They must file a fee petition. Any attorney you may hire later on must also use the fee petition process. Fee petitions take more time and more paperwork. The attorney fee payment is usually delayed.

Some attorneys will not ever take cases where a prior attorney has not waived their right to collect a fee. That is their choice, just as it is the attorney’s choice about whether or not to waive a fee once they are no longer working on a case. If the attorney you want to hire will not represent you without a fee waiver from your prior attorney, then you can try to contact your prior attorney and ask them to provide you with a fee waiver so that your new attorney can submit it to Social Security.