WHEN IS A DISABILITY ATTORNEY PAID?



When does a disability attorney receive a fee?



 
Someone wrote this in a forum, in response to another individual's situation: "A disability attorney will not be paid until you have received your disability back pay benefits".

Is this true? Well, close but not just quite. As I've mentioned here many times before, a disability attorney receives as his or her fee, a portion of your disability back pay. Currently this is limited to 21% of your back pay, up to a maximum limit of $6000.00

So, obviously, a disability attorney cannot be paid a fee for providing representation that is based on back pay unless they actually win a disability case.

However, it is often the case (and I really do mean often) that a disability attorney will receive his or her fee from the social security administration well before the claimant receives their backpay. Why this happens, I'm not entirely sure.



However, it may simply be easier for SSA to do this since the attorney fee is easily calculated, whereas, if a claimant is approved for both Social Security Disability and SSI disability (known as a concurrent claim), getting the backpay distribution correct usually takes a payment center longer to accomplish (sometimes on the order of months, unfortunately).


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:

How to File for SSI
What are the Application Requirements For SSI Disability?
How do I apply for disability, when
Disability requirements and how to file in Missouri
Permanent disability benefits
Partial disability benefits
Who works on your Social Security Disability or SSI case?
Mean and rude Social Security judges
Looking for a good disability lawyer
How do you Apply for SSI?
What Conditions Qualify For Social Security Disability?