how do you pay your attorney if you don't get back pay on ssi case

by Dr. Porter Greenholt DVM 8 min read

If you do not end up receiving any back pay benefits, your attorney will not receive any type of fee. In these cases, however, the lawyer is allowed to petition the SSA to request being paid a fee. Under nearly all circumstances, it does not cost anything upfront to hire a Social Security Disability attorney.

Payment to your SSD attorney is limited to your past-due benefits, also known as back pay. If you do not end up receiving any back pay benefits, your attorney will not receive any type of fee. In these cases, however, the lawyer is allowed to petition the SSA to request being paid a fee.Apr 3, 2020

Full Answer

Do I have to pay my SSDI attorney for back pay?

A disability attorney or non-attorney rep cannot be paid a fee if there is no back pay. This is specifically because of the way that they are paid, which is strictly regulated by the Social Security Administration. This is how individuals who represent disability claims are paid: 1/4 of the back pay up to a max of $6000 (this is the maximum fee payable as of 2016.

What happens if you don’t receive Social Security disability back pay?

Jan 24, 2020 · If you don’t get back pay, your attorney doesn’t get paid. If your case involves a lot of extra work, like an appeal, it is possible for your attorney to petition the SSA for a higher fee. This is pretty rare with a standard disability claim, though. When Do I Pay My SSDI Attorney Fee? The short answer is, you don’t. At least not directly.

How much does an SSDI lawyer cost?

Apr 03, 2020 · When you hire an SSD lawyer to represent your claim, you will be required to sign an agreement regarding how they will get paid. This agreement allows the Social Security Administration (SSA) to directly pay your attorney if your claim is approved. The SSA reviews the contract before sending money to ensure that it meets the fee agreement guidelines and that …

What happens if I don’t get back pay from my attorney?

The amount of back payments you're entitled to depends on your application date and your disability date. When you are awarded Social Security or SSI disability benefits, Social Security will owe you more than your monthly disability checks. You'll also receive a check for SSI or SSDI back pay. How much back pay you're owed depends on different ...

image

How long does Social Security have to pay back pay?

Fifteen months elapsed from the time you became disabled — what the SSA calls your “onset date” — to when your claim was finally approved. By law SSDI benefits have a five-month waiting period — they start the sixth full month after the onset date — so you're entitled to 10 months of past-due benefits.

How does SSI back pay work?

The SSI awards back payments in installments. You will receive a third of the back pay due to you soon after approval, one six months later, and the final payment after another six months. Note: If the SSA deems you “presumptively disabled,” you can begin receiving benefits before the SSA approves your application.

How far back does SSI backpay go?

Retroactive benefits might go back to the date you first suffered a disability—or up to a year before the day you applied for benefits. For SSI, back pay goes back to the date of your original application for benefits.

How do I check my SSI back pay?

Call the national Social Security Administration's toll-free number, 1-800-772-1213, to receive information about your retroactive payment. The line is open 24 hours a day for you to find out your claim status and if your back payment has been processed.

How do you get SSI back pay faster?

You can get some of your SSI back pay faster in certain circumstances. If you are approved for SSI or SSI and SSDI both, and you find you need this money sooner than the SSA has scheduled it for release to you, contact the Social Security Administration (SSA) and ask that they release funds to you early.Mar 11, 2020

How is back pay calculated?

How to calculate retroactive pay for hourly employeesIdentify the employee's original hourly rate. ... Find the employee's new hourly rate and subtract the original rate. ... Find the number of hours worked after the raise took effect. ... Multiply the number of hours worked by the difference in the hourly pay rate.Feb 22, 2021

What is the difference between back pay and retroactive pay?

Retroactive benefits cover the period of time between the date you became disabled and the date you applied for disability benefits. Back pay refers to the time between the date you applied for benefits and the date you were approved for benefits.

How is back pay calculated for SSDI?

Calculating SSDI Back Payments Count the months between your EOD and application date to determine retroactive months. The number of months between the EOD and approval date, minus the five-month waiting period, plus the retroactive months, times your monthly payment equals the total amount of back pay due.

Can you buy a car with SSI back pay?

Back payments can be used as a down payment on a car or to make monthly payments on a car. However, the car must be used by, and owned by, the beneficiary. If the beneficiary already owns a car, the money can be used to make any necessary repairs to the vehicle.

Do you get back pay for the 5 month waiting period for SSDI?

SSDI benefits are subject to a five-month waiting period. If your application is approved, you will not receive benefits for five full calendar months. This policy also affects your back pay. For example, if your claim was approved within five months of applying, you will not receive any back pay.May 13, 2021

Why is my SSDI back pay taking so long?

There is a 5-month waiting period dated from the date of your application, or your Established Onset Date (EOD), which, according to the SSA, is the date on which you became disabled. The SSA has created this delayed payment structure to filter out any claims that are not truly long term cases of disability.Jun 18, 2020

What is a one time payment from Social Security?

A one-time payment of $255 paid in addition to any monthly survivors benefits your family is eligible to receive. This amount is paid only to your widow/widower or minor children. The maximum amount of earnings we can count in any calendar year when calculating your Social Security benefit.

When Disability Payments Begin

For those who are receiving SSI benefits, payments will generally begin the first full month after you are approved for benefits. For example, if y...

Examples of Back Payment Calculations

By using the date your entitlement to payments should begin (discussed in the above section), you should be able to calculate the amount of your ba...

How Are Back Payments Made

If you are approved for SSDI only, you'll most likely receive one lump-sum payment for the entire amount of your backpayments.If you are approved f...