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
SSDRC authored by Tim Moore
Ask a question, get an answer
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 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, 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.
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 and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria