who pays the attorney for social security disability representation

by Prof. Owen Pouros 5 min read

Disability attorneys don't require their fees to be paid up front. Instead, the Social Security Administration (SSA) pays your representative directly out of your backpay award if you get approved. The fee is a maximum of 25% of your retroactive benefits (backpay) or $6,000, whichever is less.

If Social Security approves the fee agreement, it will pay your attorney for you directly out of your backpay. The attorney and the client can agree on any fee, as long as it does not exceed $6,000 or 25% of your backpay, whichever is less.

Full Answer

Do attorneys charge a fee for Social Security representation?

Usually, though, disability representatives are either attorneys, or non-attorney representatives who are often former employees of the social security administration. Attorneys and non-attorney representatives charge a fee for representation, which is limited by Social Security rules and regulations.

Do you have to pay for a SSDI lawyer?

Attorneys who represent Social Security disability claimants generally do so under a “contingency fee agreement.” That is, the client does not pay the attorney unless and until the case is resolved and Social Security benefits have been awarded.

What is a Social Security disability representative?

A disability attorney will need to obtain medical and work records. The SSDI process can take up to two years. This means you may be owed benefits during this time. If you’re lucky, the Social Security Administration will pay the attorney directly from your backpay.

Who can help me with my Social Security disability case?

Feb 08, 2022 · Unlike many attorneys, Social Security disability lawyers don't charge up-front fees or require a retainer to work on a disability case. Most disability attorneys and nonlawyer representatives will be paid a fee only if they win the case (this is called a contingency fee).

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Contingency Fee Agreement

When you first hire a disability attorney or advocate, whether you are filing for SSDI or SSI, you must sign a fee agreement that allows the SSA to...

How Much Is The Attorney's fee?

For Social Security disability lawyers, the fee is limited to 25% of the past-due benefits you are awarded, up to a maximum of $6,000. Note that th...

How Disability Backpay Is Calculated

Once you are approved for benefits, the SSA will calculate the amount of backpay you are owed. For SSDI, your backpay will include retroactive bene...

Finding A Disability Lawyer

Read our article on how to find a good disability lawyer (and how to screen a lawyer before you hire one), or go straight to our local disability a...

What is a contingency fee agreement?

Contingency Fee Agreement. When you first hire a disability attorney or nonlawyer advocate, whether you are filing for SSDI or SSI, you typically sign a fee agreement that allows the Social Security Administration (SSA) to pay your representative if your claim is approved.

Do disability attorneys get paid?

Social Security Disability attorneys and advocates work "on contingency," meaning they get paid only if you win your case. Unlike many attorneys, disability lawyers do not charge up-front fees or require a retainer to work on a Social Security disability case. Most disability attorneys and nonlawyer representatives will be paid a fee only ...

What does a disability attorney do?

During the course of representation, a disability attorney or nonlawyer advocate usually has to request a claimant's medical, school, work records, and occasionally medical or psychological examinations; these can be expensive. The client must pay these costs separately from the attorney's fee (of 25% of their backpay).

What happens if a case is reversed?

If your case is reversed and remanded, you will see your attorney once again for another pre-trial work-up and at your rehearing should your case be remanded for trial by the Federal District Court Magistrate or judge who reversed the Social Security Administration judge’s unfavorable decision.

How much does the SSA withhold from a lawyer?

If an attorney or non-attorney whom Social Security has found eligible for direct payment represents you, the SSA usually withholds 25% (but never more) of your past-due benefits to pay towards the fee. The SSA pays all or part of the representative’s fee from this money and sends you any money left over.

Can a representative charge more than the fee amount the SSA approves?

Your representative cannot charge you more than the fee amount the SSA approves. If you or your representative disagree with the fee the SSA approves, either of you can ask the SSA to look at it again.

What happens if you charge someone without the SSA?

A representative who charges or collects a fee without the SSA’s approval or charges or collects too much, may be suspended or disqualified from representing anyone before the Social Security Administration and also may face criminal prosecution.

Can an attorney file for SSA?

If retained, your attorney will file all the necessary paperwork for you. If you and your attorney/representative have a written fee agreement, your representative may ask the SSA to approve it any time before SSA decides your claim. Usually, the SSA will approve the agreement and tell you in writing how much your representative may charge as long as:

What is a fee petition?

A Fee Petition is a Formal Legal Document wherein an attorney or representative asks the court/SSA to approve a Fee justified by law and circumstance. Your representative may give the SSA a fee petition after completing the work on your claim (s). This written request should describe in detail the amount of time spent on each service your representative provided. Your representative must give you a copy of the fee petition and each attachment. If you disagree with the fee requested or the information shown, contact the SSA within 20 days. The SSA will consider the reasonable value of representative’s services and tell you in writing the amount of the fee the SSA will approve.

Appealing a Social Security Disability Application With the Help of Experienced Tampa SSD attorneys

If you have fallen ill, recently become disabled, or are struggling with a mental illness, you have the right to apply for Social Security Disability. Unfortunately, the vast majority of Social Security Disability claims are denied when completed without the help of Tampa SSD attorneys. Individuals may dutifully supply the paperwork asked of them.

Do Not Delay in Filing Your Appeal

If you receive a denial or fewer benefits than you are entitled to, you must file your appeal to the SSA within 60 days from receipt of your decision letter. You forfeit your right to appeal if you miss this strict deadline and you may have to start the application process over again.

Our Tampa SSD Attorneys Explains the Social Security Appeals Process

An appeal gives you the opportunity to answer questions posed by the SSA and to submit additional evidence to prove or clarify your claim. Our firm engages in every level of appeal to secure your right to disability benefits. The appeals process can take some time to complete. There are several stages to the appeals process. These stages include:

What You Need to Know About Your Social Security Administrative Hearing in Tampa

If you disagree with the reconsideration decision sent to you for your Social Security Disability Benefits, you have the right to request a hearing before an administrative law judge. To request a hearing, your application must first have been denied at the initial and reconsideration levels.

What Can I Do If My Disability Claim Is Denied on a Technically?

There are two ways claims can be denied by Social Security Disability. The first way is through a medical denial. Either the applicant didn’t supply enough medical information or documentation to support a claim, or the reviewer determined that the applicant wasn’t severely disabled enough.

What Is the Difference Between SSI and SSD?

SSI is a program for low-income individuals who qualify. With SSI, you may be able to receive money to cover your living expenses, food, and other necessities. SSD is available if you have accumulated the work credits, while SSI is available to any person who is low-income.

Fight for Your Right to SSDI or SSI Benefits – Call Our Tampa SSD Attorneys Today

The disabled face many unique challenges. If you’ve been recently disabled, you may have many questions about how you’ll pay rent, medical bills, and for food. Social Security Disability can cover many of these expenses. Unfortunately, the application and appeals process can sometimes be highly complicated.

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Fee Agreements and Fee Petitions

  • To get their fees paid, Social Security lawyers enter into written fee agreements with their clients and submit those fee agreements to Social Security for approval. If Social Security approves the fee agreement, it will pay your attorney for you directly out of your backpay. The attorney and the client can agree on any fee, as long as it does not exceed $6,000 or 25% of your backpay, whiche…
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What Should Be in A Fee Agreement?

  • An attorney must submit a written fee agreement to Social Security before Social Security issues a favorable decision on the claim. Most lawyers will submit the fee agreement when they take your case. Social Security has suggestions for the language in the fee agreements, but there are really only two main requirements. First, the amount of the fee cannot be more than the maximu…
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Who Pays For Legal Costs?

  • There are two kinds of expenses in a case: the amount the lawyer charges for her time and the expenses she pays for while working on your case. In a typical Social Security case, an attorney will pay copying fees and postage to get records to help prove that a claimant is disabled. Those records might be located at hospitals, doctors' offices, schools, or mental health facilities, amon…
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