Most Social Security disability claimants require the service of a lawyer to get approved and paid. But how will your disability attorney get paid? Is there an up front or out-of-pocket cost to you?
The Social Security Administration sets the rules for lawyer's fees. They tell lawyers if they may charge a fee, when they get a fee, and the amount of the fee.
1. There is usually no upfront attorney's fee.
2. There can never be a fee unless (both a & b):
a. Your case is approved and paid, and
b. You receive past due benefits or "back pay."
If both of the conditions above are true, Social Security will approve an attorney's fee equal to 25 percent of your past due benefits. However, the fee may not exceed $7,200 under current rules. (This maximum is subject to change from time to time due to inflation).
Example: Michelle uses an attorney to get approved for disability benefits. Her total back payments are $14,000. Her attorney's fee is $3,500.
Does the attorney receive any part of future monthly benefits? No. Future monthly benefits are all yours.
How's the best way to approach a Social Security attorney about help with your case. You generally start with a phone call to the attorney's office. He/she may do a brief consultation right over the phone. Or, you may be given an appointment to come to the office on a date and time convenient for you.
Some information the attorney will want:
- When did you last work for pay?
- What are your severe medical conditions?
- Which doctors are treating your conditions?
- What is your age?
Attorney's services may include: a free case evaluation to see if you may qualify for benefits; filing your application for you, helping you get medical evidence, appealing any unfavorable decisions, going to hearings with you.
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Sponsored by The Forsythe Firm, Huntsville, AL. Call us for a free Social Security disability consultation. (256) 799-0297.
Or, email us at: forsythefirm@gmail.com
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