what kind of attorney do i need to get my social security money back from someone

A person with power of attorney has the authority to manage limited benefits. A power of attorney can’t negotiate federal payments such as Social Security checks. So, if you need to handle affairs for someone unable to manage their benefits, you’ll need to apply for Representative Payee.

Full Answer

Do you need a Social Security benefits lawyer?

Oct 31, 2013 · Social Security can approve the attorney's fee petition request, disapprove it, or modify the fee to a lower amount. Getting Social Security to approve the fee is an additional step that some disability attorneys do not want to bother with, and so they just decide that they will not do overpayment cases. Retainer Fees for Overpayment Cases

Can a Social Security Attorney take money out of your account?

Sep 16, 2019 · The application process for unique personal situations can be complicated, and that is when the services of a Social Security Benefits Lawyer at our law firm can be helpful. The Social Security Administration can be reached by phone or online, and a person can file for their benefits through this process. However, the application is not always user-friendly, and in …

How much does a social security lawyer cost?

Aug 08, 2021 · A person with power of attorney has the authority to manage limited benefits. A power of attorney can’t negotiate federal payments such as Social Security checks. So, if you need to handle affairs for someone unable to manage their benefits, you’ll need to apply for Representative Payee.

Can a power of attorney negotiate Social Security benefits?

Being an authorized representative, having power of attorney, or a joint bank account with the beneficiary is not the same as being a payee. These arrangements do not give legal authority to negotiate and manage a beneficiary's Social Security and/or SSI benefits. In order to be a payee, you must apply for and be appointed by Social Security.

How do you get a Social Security check back when someone dies?

You should give the funeral home the deceased person's Social Security number if you want them to make the report. If you need to report a death or apply for benefits, call 1-800-772-1213 (TTY 1-800-325-0778). You can speak to one of our representatives between 8:00 am – 7:00 pm.

Can Social Security benefits be reversed?

If you change your mind about starting your benefits, you can cancel your application for up to 12 months after you became entitled to retirement benefits. This process is called a withdrawal. You can reapply later. You are limited to one withdrawal per lifetime.

What is an SSA 1696 form?

Form SSA-1696 | Claimant's Appointment of a Representative Representatives can be attorneys or non-attorneys. Representatives must abide by standards of conduct, which the Social Security Administration has published. ... You may use Form SSA-1696 (Appointment of Representative) for this purpose.

What is a form SSA 623?

SSA-623: Representative Payee Report (Adult Beneficiaries)

How do I get my money back from Social Security?

Return the check to the Regional Financial Center (RFC), U.S. Treasury Department, using the address on the check envelope. If you prefer, you may return the check to the Social Security office. That office will give you a receipt for the check and will return the check to the U.S. Treasury Department.Jan 23, 2007

Who is responsible for Social Security overpayment?

The beneficiary is liable if he or she received the benefit of the monies; The representative payee is personally liable if he or she: Was at fault in creating the overpayment; or. Did not apply the monies for the beneficiary's use and benefit.Apr 19, 2010

What is a 1699?

SSA-1699 Request Registration of Individuals and Staff for Appointed Representative Services.

What is SSA Title II?

Title II provides for payment of disability benefits to disabled individuals who are "insured" under the Act by virtue of their contributions to the Social Security trust fund through the Social Security tax on their earnings, as well as to certain disabled dependents of insured individuals.

Does SSA accept power of attorney?

No. The Social Security Administration does not recognize power of attorney as conferring authority to manage another person's benefits. ... Applying to become a representative payee usually requires a face-to-face interview at your local Social Security office, which you can schedule by calling 800-772-1213.

What is an SSA 89?

Form SSA-89 is a Social Security form that authorizes the SSA to verify the connection between your name and your Social Security Number to a third party.Nov 12, 2018

What is form SSA 1724 F4 used for?

When do you need the Form SSA-1724-F4? This form acts as a claim that allows the applicant to receive the social security payments of the deceased person. The Social Security Administration uses the information provided to determine if the applicant is eligible for social compensation.Aug 19, 2021

What is form SSA-521 used for?

Dear Seeking: Social Security's Form SSA-521, Request for Withdrawal of Application, is used when someone has applied for Social Security benefits and later decides they do not want to collect their benefits after all.Nov 27, 2019

How Disability Attorneys Get Paid

There are two ways for Social Security attorneys to get paid: fee agreements and fee petitions. Fee petitions are used for overpayment cases.

Retainer Fees For Overpayment Cases

When attorneys take Social Security overpayment cases, they will almost always ask you to pay a retainer fee upfront before they will start work. A...

Should You Hire An Attorney For An Overpayment Case?

An attorney can help you by filing an overpayment waiver request, appealing the denial of a waiver request, or negotiating a repayment plan.But eve...

How to Find An Attorney Who Will Take An Overpayment Case

If an attorney represented you at an earlier stage in your disability case, you should consider contacting that person to see if he or she can help...

What is retainer fee?

A retainer represents an estimate of the number of hours it might take the attorney to work on your case. For example, if an attorney thought it would take him 15 hours to handle your overpayment case, and his usual rate is $200 per hour, then he might decide to charge you a $3,000 retainer fee before beginning work on your case (15 hours x $200).

How much do disability attorneys charge?

Usually, a disability attorney will enter into a fee agreement with you to take 25% of your disability backpay or $6,000 , whichever is less. Then, when the case is over, if you have won, Social Security forwards the attorney's fee to your attorney.

Can a disability attorney take overpayment cases?

If you are looking for an attorney to represent you in your Social Security overpayment case, you will find that many disability attorneys do not take overpayment cases. The reason has to do with Social Security's rules about how attorneys get paid.

What happens if you lose your Social Security case?

That is, if you lose your case, you will owe your attorney $3,000 in fees (if Social Security approves the request), and you will still owe the overpayment. On the other hand, if Social Security says you owe a $160,000 overpayment, and your attorney will charge you a $3,000 retainer to begin working on it, then you might decide ...

What is legal aid?

Legal Aid attorneys work for non-profit law firms whose goal is to provide free legal advice and representation to low-income individuals in civil cases. (A civil case is any kind of case that does not involve a crime. Disability cases are civil cases.) Legal Aid attorneys may be more likely to take overpayment cases than some disability lawyers, ...

Why do I need an attorney for Social Security?

However, applying for Social Security is a task that should not be underestimated because many forms and documents need to be completed and verified.

What does an attorney do for a disability?

An attorney representing you will assist you with the application, and when presenting the case, they can focus on the factors of the disability that support your need for compensation. In addition, the attorney will make sure that you have all of the current medical information that supports your disability claim, ...

When did Social Security start?

Social Security is a program that was started in 1935 to provide income for the elderly when they reached the age of retirement and were no longer in the workforce. Up until 1935, most of those not working due to their age had to use individual savings, state or local programs, or assistance from family members.

Who is Tristan Thompson?

Tristan is a professional writer and had careers as a teacher of English, school administrator, and as a broker in real estate sales. He has gained a great deal of legal experience through his service as the president of a teacher’s union, a member of the board for a real estate association, and as the chairman of the Government Affairs Committee for the real estate board of directors. Before beginning a full-time job as a freelance writer, he was the Executive Director of the Global Business Alliance for a local Chamber of Commerce and sat on the Government Affairs Committee for the Chamber.

Why is my disability denied?

This denial is usually because the applicant did not complete the paperwork correctly or they failed to provide the medical information asked for on the application.

How to become a power of attorney for Medicare?

If you want to be the representative payee for someone on Social Security, go to the local office. At the Social Security office, submit a letter from the recipient’s doctor that states the need for a representative payee. Also, you’ll need to have proof of identity.

Who is Lindsay Malzone?

Lindsay Malzone is the Medicare expert for MedicareFAQ. She has been working in the Medicare industry since 2017. She is featured in many publications as well as writes regularly for other expert columns regarding Medicare.

Can a power of attorney make medical decisions?

Standard power of attorney allows you to handle most of the finances; but, it doesn’t allow you to make health care choices. Yet, making healthcare decisions is necessary when if they become incapable. You need an “ advanced directive ” to make medical choices. But, medical choices are different than Medicare or Social Security changes.

Do you need an advanced directive?

You need an “ advanced directive ” to make medical choices. But, medical choices are different than Medicare or Social Security changes. There are different forms for various changes or decisions you would want to make on behalf of another. Let’s take a look at what you’ll need.

What is a durable power of attorney?

Durable Power of Attorney gives financial legal authority to an agent when the principal is either capable or incapable. Conventional Power of Attorney is granted to the agent when the principal is unfit.

Can a power of attorney be notarized?

Springing Power of Attorney only occurs when the document is signed, and it stays in effect throughout the principal’s life. An attorney can notarize any documents in your state. Each state has different rules.

What is a representative payee?

A representative payee is a person or an organization. We appoint a payee to receive the Social Security or SSI benefits for anyone who can’t manage or direct the management of his or her benefits. . A payee’s main duties are to use the benefits to pay for the current and future needs of the beneficiary, and properly save any benefits not needed ...

Is a power of attorney the same as a payee?

Being an authorized representative, having power of attorney, or a joint bank account with the beneficiary is not the same as being a payee. These arrangements do not give legal authority to negotiate and manage a beneficiary's Social Security and/or SSI benefits. In order to be a payee, you must apply for and be appointed by Social Security.

What is a beneficiary in Social Security?

A beneficiary is a person who receives Social Security and/or Supplemental Security Income (SSI) payments. Social Security and SSI are two different programs. we administer both. Who Needs a Representative Payee? The law requires most minor children and all legally incompetent adults to have payees.

Does the Treasury recognize power of attorney?

The Treasury Department does not recognize power of attorney for negotiating federal payments, including Social Security or SSI checks. This means, if you have power of attorney for someone who is incapable of managing his or her own benefits, you must still apply to serve as his or her payee.

Can a payee sign a document other than Social Security?

A payee cannot : Sign legal documents, other than Social Security documents, for a beneficiary. Have legal authority over earned income, pensions, or any income from sources other than Social Security or SSI.

What is a power of attorney?

Power of attorney is a legal process where one individual grants a third party the authority to transact certain business for that individual. It does not lessen the rights of the individual and does not usually grant the third party the right to manage the individual's assets.

What is the SSA appeal?

The Social Security Administration (SSA) offers a number of levels of appeal to challenge the reduction or denial of a claim for Social Security disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits.

How long does it take to file a federal appeal?

You must file a federal lawsuit within 65 days of the Appeals Council’s decision.