DOES SOCIAL SECURITY PAY THE DISABILITY ATTORNEY FEE?



Does Social Security pay the Disability Attorney fee?



 
First, a direct answer to the question: if you are represented and your case is won, in all likelihood, Social Security will deduct whatever fee is owed to your disability attorney or disability representative out of the back pay amount that you are owed.

Now, a bit of discussion regarding fees themselves.

The Social Security Administration allows individuals who are filing for disability, or have filed for disability, to obtain representation to help them through the disability process. Who is allowed to represent individuals who are filing for disability? An individual who is filing for disability may potentially choose any person they wish to assist them with their disability case.

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.



What do I mean by "charge a fee"? You may be thinking I do not have the money to hire a representative especially now that I am unable to work. Luckily, Social Security representatives do not charge their fees up front; instead there is a binding agreement between the representative and their client that stipulates what the representative can charge as a fee in the event that a disability case has been won (in other words, if the case is not won, there is no fee). This binding agreement is simply known as the fee agreement.

Currently, the standard fee agreement will include a statement that the representative is allowed to collect twenty five percent of any back benefits payable to the disabled individual up to maximum of $6000.00 dollars. Of course, representatives may charge for incidental expenses along with the standard fee, such as for the cost of obtaining medical records. However, these expenses should also be clearly defined in the fee agreement.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







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