SSDRC authored by Tim Moore
Social Security Disability and SSI Questions and Answers
What is the Application Process for Social Security Disability and SSI?
How do you Win Benefits under Social Security Disability or SSI?
If I am determined disabled, how far back will Social Security pay benefits?
How do you prove your disability case if you have a mental condition?
What Can I Do to Improve My Chances of Winning Disability Benefits
Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits
How to File for Disability - Tips for Filing
If You Get Approved For SSDI Will You Also Get Medicare?
How much does a Social Security disability attorney get paid?
Social Security Disability SSI Criteria and the Evaluation Process
How long does it take to be approved for SSI or Social Security disability?
What do you Need to Prove to Qualify for Disability Benefits?
Social Security Disability SSI and Fibromyalgia
Social Security Disability SSI and Degenerative Disc Disease
Can I Qualify For Disability and Receive Benefits based on Depression?
More questions about SSD and SSI
What Disabilities Qualify for SSI and Social Security Disability Benefits?
Social Security Disability Status
Social Security Disability Tips — how a claim gets worked on
Social Security Disability, SSI Disability - Terms, Definitions, Concepts
Do You Pay A Disability Attorney When You Are Approved?
How to prove you are disabled
and win disability benefits
As far as paying your attorney, most attorneys have their fee automatically withheld by Social Security from your back payment amount so you are not responsible for paying the disability attorney their fee when you receive your social security back payment.
However, this is not always the case, so verify that your attorney has fee withholding before spending your back payment of disability benefits.
Social Security allows a disability attorney or representative to charge a fee for their services. An attorney is allowed twenty-five percent of any back payment up to $6000.00 if you are approved for disability benefits. If twenty five percent of your back payment is less than $6000.00, the attorney is entitled to twenty-five percent of whatever back payment that is available.
Your disability attorney may also be entitled to twenty- five percent of your dependent's back pay if they were not able to get the maximum fee amount from your disability back payment. Of course, if you are not awarded any back disability benefits the attorney receives no fee from your disability claim or your dependents benefits. The Social Security fee arrangement only allows a fee to be collected from back payment disability benefits. While this is the general fee agreement rule, there may be other monetary charges. An attorney has the right to collect incidental expenses incurred while representing you.
Incidental expenses might include fees for copying, travel, phone calls, medical records, or even medical expert testimony should it be necessary. Some disability attorneys charge incidental fees whether they win or lose, while others charge them only if they win the disability claim. And still others do not charge incidental expenses at all.
This is why it is important to read a disability attorney fee agreement before signing it. You are obligating yourself to pay whatever expenses stated in the fee agreement. If the fee agreement says that you are willing to pay the expenses whether you win or lose your disability case you are obligated to pay them.
Return to: SSDRC, or the Social Security Disability Questions page