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

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...
Post a Comment
Read more

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION  The paperwork for Social Security disability is daunting:  page after page of never-ending questions.  But, since most applications will be denied, it behooves you to complete the application correctly.  Here are some mistakes on your Social Security disability application that may ruin your claim.   Failing to Fill Out the Forms —The Social Security Administration (SSA) will send you a lot of forms to fill out. It’s up to you to make sure that you fill out every part of those forms correctly.  Don’t forget: if a question doesn’t apply to you, put “not applicable” or “N/A” in the provided space.   Do not leave anything blank. Return all forms within 10 days. If you don't your application may be discarded or withdrawn. Writing Illegibly —If your case reviewer can’t read your answers, then he/she can’t really say that you answered that question. Be sure the  answers to questions are nea...
Post a Comment
Read more

WHAT TYPE OF DENIALS DOES SOCIAL SECURITY ISSUE?

In Social Security disability, the most common denials are medical denials.  This means that Social Security doesn't believe the medical evidence in your case meets the exacting standards for an award of disability.  There are technically two kinds of medical denials: 1.  You are able to perform some of your past relevant work.  They have looked at your work history for the past 15 years and judged that your medical conditions permit you to perform one or more of your past jobs.  This is what we call a "Step 4 denial." 2.  You are not able to perform any of your past work - but there is other work in the national economy that you are able to do.  This is called a "Step 5 denial" because it occurs at the 5th and final "step" in the decision making process. There are other types of denials, not nearly as common as the two above.  We sometimes think of these as "automatic" denials or "technical denials."  They are not medical decisions...
Post a Comment
Read more