Skip to main content

HOW DOES YOUR DISABILITY LAWYER GET PAID?

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.

______________

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

 

Comments

Post a Comment

Popular posts from this blog

MEETING SOCIAL SECURITY'S DURATION REQUIREMENT FOR DISABILITY

SSDI, or Social Security Disability Insurance, requires a severe impairment which has lasted for at least 12 straight months, is expected to last at least 12 straight months OR is expected to end in death. This 12 consecutive months requirement is called the "Duration Requirement."  Disabilities with a duration of less than 1 year are not covered under the Social Security Act. You do not have to wait 12 months to file a claim. There is no requirement to wait 12 months to file.  But if your disability has not already last for at least 12 months, the nature of the impairment must be such that is can reasonably be expected to last 12 months or longer OR to end in death.  Short term impairments are not covered. What you will need to document for your medical and/or mental impairment(s):   A claimant will require objective medical proof.  This comes in the form of official medical records from doctors, clinics, hospitals, counselors, therapists and other professiona...
Post a Comment
Read more

SOCIAL SECURITY BENEFITS FOR DOWNS SYNDROME

Downs Syndrome may qualify for automatic SSI disability in children. A child with Translocation Syndrome or Trisomy 21 will usually be classified as disabled from birth. This type of syndrome affects about 98 percent of the Downs Syndrome population. Social Security will want a diagnosis from a medically acceptable source and they will want certain tests.Once the documentation is presented, an SSI award may be automatic.  Those with Mosaic Down syndrome may qualify, but your child would need more than a diagnosis to be approved. Because [according to SSA] people with Mosaic Down syndrome may not have as many intellectual or physical disabilities as those with other forms of Down syndrome, you’ll need to meet another listing in the Blue Book to qualify. Social Security will consider the complications or manifestations of Downs Syndrome in making a decision. If the claimant is a child (under 18), k eep in mind that SSI is a needs-based program for families with limited resources...
Post a Comment
Read more

A DISABILITY DENIAL IS NOT THE END OF YOUR CASE

By Charles W. Forsythe The Forsythe Firm Social Security denies a lot of applications.  It's expected.  But it's not the end. The good news is:  You can probably win your case on appeal and get paid benefits.  It just takes a bit longer. About 8 out of 10 new disability claims will be routinely denied.  So, it's rather unusual to be approved just by filing an application. An appeal sounds like a last resort or tricky legal maneuver.  It's really quite common--almost  normal--in a Social Security disability case. 8 out 10 claims will be appealed at least once, often twice, before they are paid. The process that pays Social Security disability is not the application, it's the appeal process. Many claimants who don't understand the importance of appeals give up after the first denial.  A serious mistake.  You odds get better in appeals. TIME LIMIT ON APPEALS.  All unfavorable Social Security decisions must be appealed within 60 days.  ...
Post a Comment
Read more