Representational Transfer of a Case
From one representative to another

This report will address the important issue of representational transfer.  Representational transfer is the act of transferring representational responsibility from one disability representative to another.  The transfer of representation can be complex and could result in bitter conflicts if handled improperly.

A Social Security disability case may be transferred from one representative to another regardless of the type of representative handling the case. That is, an attorney representative may transfer or forfeit a case to a non-attorney representative and visa versa. We'll focus on those transfer considerations affecting the reassigning of a case from an attorney to a non-attorney representative.

Only the Claimant:

Only the claimant may initiate the transfer of his/her case from one representative to another.  The decision to change who represents the claimant is the applicant's decision alone.  Of course, there are exceptions to this rule.  The claimant must be mentally capable of making such a representational decision responsibly.  I'm sure there are also circumstances where Social Security could step in, but that's another subject. 

Transfer of Authorization Scenario: 

A claimant hires an attorney at the initial level to represent his Social Security claim.  One year later, there is still no decision in the case.  The claimant is unhappy with his current representative and stumbles upon your service.  He wants to hire you and fire his attorney.  Here is what we suggest you do:

Instruct the claimant:

You should not accept a case on a person who has already hired a representative.  If a claimant has a representative, he must end the contractual relationship with the representative before you can get involved in the case.  The claimant must be instructed to:

1. Contact the representative in writing to request an end to representation services.
2. Explain in the letter the reason for the termination.  To protect yourself, make sure you have a copy of this letter in your client file.
3. Request copies of all medical and vocational evidence collected by the representative.  This is best done by the claimant in person.
4. Request a summary of any outstanding fees due to the representative.
5. Settle all outstanding liabilities including fees with the previous representative before you enter the case.

In the above scenario, this case was on the initial level for a year or more without a decision.  This is not unusual!  In a case like this, it's better to wait for the Social Security disability decision before getting involved.  It may also be a good idea to assess the case to make sure it's worth your time.  Sometimes in our zeal to take action, we forget the business side of this business.  There's nothing wrong with this as long as you quickly return to reality!  If you can get a piece of the client's medical evidence before accepting the case, this would also help you to determine the viability of the case.

Protect yourself:

In general terms, make sure that the relationship between the claimant and the previous representative is completely over before accepting the case.  There are clients out there who will try and take advantage of representatives by having more than one reviewing their case simultaneously.  There are also attorneys who will send their clients to you for a free case assessment or review.  The attorney will then use your assessment to determine his next move.  This approach helps the attorney, but does nothing for your bottom line. 

If you find an attorney pulling this, don’t get angry!  Instead, offer to create an assessment or case evaluation contract with the offending attorney.  This approach allows you to change a potentially competitive free-for-all into a symbiotic relationship. 

You can also prevent client abuses by adding an ”honesty or disclosure” clause to your contract.  In this clause, the client states that he has no other representative.  If you find later that the claimant was deceptive on this issue, you can use the clause as the basis for an abrupt and unilateral ending of the relationship.  In this circumstance, you can also charge the client for services rendered as long as you state that in your contact.

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