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Social Security Disability Definitions

Social Security Disability and SSI Overview

The Requirements for Disability

Social Security Disability and SSI Applications

Tips and Advice for Disability Claims

How long does Disability take?

Common Mistakes after Receiving a Disability Denial

Disability Denials and Filing Appeals

Social Security Mental Disability Benefits

Disability Benefits offered through Social Security

Benefits through SSI disability

Disability Benefits for Children

Disability Qualifications and How to Qualify

Social Security Disability and Working

Winning your Disability Benefits

Social Security Back Pay and the disability award notice

Disability Lawyers and Hiring an Attorney

Social Security Disability SSI List of Conditions

What is considered a Disabling condition by Social Security?

Social Security Disability SSI and Medical Evidence

Filing for Disability Benefits

Eligibility for Disability Benefits

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What is the maximum fee a Social Security disability attorney can charge?

How to prove you are disabled
and win disability benefits

If you decide to get representation for your disability claim with the social security administration, you can choose to be represented by an attorney or a non-attorney. This may be surprising to some, the fact your claim may be represented by someone who is not a lawyer.

However, social security law is not law per se. It is administrative regulation and procedure. In fact, this is why disability applications and reconsideration appeals (the request for reconsideration is the very first appeal you can file) are actually processed by disability examiners, individuals who have been trained to evaluate medical information and who have been trained as to how the social security administration decides disability claims, but who, obviously, are not lawyers.

Are you better off going with a lawyer versus a non-attorney? Not necessarily. Some lawyers tend to dabble in a wide variety of legal areas, becoming amateurs in all but experts in none. You really don't want that kind of lawyer handling your case.

On the other hand, there are many non attorney representatives who used to work in social security field offices and used to work as disability examiners for SSA. These individuals are intimately familiar with the social security disability system and can provide extremely able representation.

The maximum fee that can be charged by either a social security disability attorney or a non-attorney social security disability representative is the same amount. And it is only paid in the event that a case is won.

In other words, if you have representation and your case is not won, you cannot be charged a fee for representation. However, win or lose, you can be charged for other expenses that are not related to the fee for representation, such as reimbursing your representative for the cost of obtaining medical records, or the cost of postage, or travel expenses.

How is the fee for representation determined? The fee that is charged by a disability representative is based on the amount of back pay that is won by a claimant. It is equal to 25 percent of whatever back pay a disability claimant is eligible to receive. However, it is also capped at a maximum fee amount, which is the very most a representative can receive regardless of how much back pay a claimant wins.

To see the current maximum fee amount, visit this page: How much does a Social Security disability attorney get paid?

Return to:  Social Security Disability Resource Center, or read answers to Questions

Information on the following topics can be found here: Social Security Disability Questions

Social Security Disability SSI decisions | The Disability Decision Process and What gets taken into Consideration | Getting Denied for Disability Benefits | Questions about Social Security Disability Approvals and Being Approved | Social Security Disability Hearings | Social Security Medical Examinations | Social Security SSI Doctors | Social Security Disability Representation | Social Security Disability SSI Reviews