Does Social Security pay the Disability Attorney fee?First, a direct answer to the question: if you are represented and your case is won, in all likelihood, Social Security will deduct whatever fee is owed to your disability attorney or disability representative out of the back pay amount that you are owed. Now, a bit of discussion regarding fees themselves. The Social Security Administration allows individuals who are filing for disability, or have filed for disability, to obtain representation to help them through the disability process. Who is allowed to represent individuals who are filing for disability? An individual who is filing for disability may potentially choose any person they wish to assist them with their disability case. Usually, though, disability representatives are either attorneys, or non-attorney representatives who are often former employees of the social security administration. Attorneys and non-attorney representatives charge a fee for representation, which is limited by Social Security rules and regulations. What do I mean by "charge a fee"? You may be thinking I do not have the money to hire a representative especially now that I am unable to work. Luckily, Social Security representatives do not charge their fees up front; instead there is a binding agreement between the representative and their client that stipulates what the representative can charge as a fee in the event that a disability case has been won (in other words, if the case is not won, there is no fee). This binding agreement is simply known as the fee agreement. Currently, the standard fee agreement will include a statement that the representative is allowed to collect twenty five percent of any back benefits payable to the disabled individual up to maximum of $6000.00 dollars. Of course, representatives may charge for incidental expenses along with the standard fee, such as for the cost of obtaining medical records. However, these expenses should also be clearly defined in the fee agreement. 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 does the Disability Process work in North Carolina? How much does a Social Security Disability attorney get paid? Does Social Security pay the Disability Attorney fee? What is the maximum fee a Social Security Disability attorney can charge? What Can A Disability Lawyer Charge For Their Services - Fees and Expenses? What Expenses Will A Social Security Attorney Charge In Addition To The Fee? The Social Security Disability Representation Fee and What a Lawyer is Paid If You Are Represented For Social Security Disability or SSI, When Do You Pay The Fee? How does a Social Security attorney get paid? How do Disability Lawyers in North Carolina get paid their fees? Applying for disability based on stroke, bipolar disorder, panic attacks, and fatigue How long do I have to be off work to file for disability? How long does it take to get a decision for a disability appeal? How much money can I get with SSDI? |
