How much can an attorney charge for Social Security Disability?While Social Security is not an adversarial process, it can be a very daunting process. Social Security understands that an average person is highly unlikely to be cognizant of the intricacies of Social Security Disability medical vocational guidelines or court rulings. Therefore, they established a way for disability applicants to have legal representation for a disability claim without having to pay legal retainers. An attorney must be amenable to the fee guidelines established by Social Security if they wish to represent disability cases. An attorney can only collect a fee for representation if 1. you are approved for disability benefits and 2. you are also entitled to a back payment of benefits. Their allowable fee is 25% of your back payment up to a maximum of $6000.00 whichever is less. They are allowed to collect 25% of the back payment for any dependent entitled on your record if they did not receive the maximum $6000.00 fee from your back payment. For example, if you have a back payment of $20,000.00, your attorney can collect $5000.00 for their fee. If you have dependents, the fee works the same; they are allowed to collect 25% of their back pay or $1000.00 (this example) whichever is less. If you get an attorney, they will have you sign a fee agreement that will state that you agree to pay them 25% your back payment up to the maximum of $6000.00. The fee agreement can include other expenses such as medical records, travel, or any other expense incurred in the development of your disability case. Note:Your attorney can ask for payment of expenses whether you win or lose your disability claim. Social Security neither approves or disapproves the expenses that your attorney requests. However,fee agreements are legally binding and should be read carefully to see prior to signing. You are liable to anything you agree to pay. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related pages: What is the maximum of hours to work and still get disability? Can I get disability for Rheumatoid arthritis? Which medical conditions will social security recognize as a disability? What hours can I work and get disability? What type of income affects Social Security Disability benefits? Can I file a new SSI or SSDI claim while appealing my previous decision in Federal Court? How long does a disability judge have to make a decision? How much can an attorney charge for Social Security Disability? If you are waiting on an SSDI decision, can you file for SSI? What happens if you become disabled and are not insured for social security? Can you get disability for arthritis of the knee? Can working hurt my disability case I have a hearing coming up? Can I get Retroactive SSI Disability Benefits? |
