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


How Much Are The Fees For A Disability Attorney In California?




 
If you have a disability claim pending at any level of the Social Security or Supplemental Security Income disability process in California, it is inevitable that you might want to consider obtaining representation through a competent disability attorney or non-attorney disability representation to help win your disability claim.

Regardless of which type of representative you choose to handle your claim, that individual should be someone who specializes in Social Security Administration disability claims (meaning claims filed under the title II SSD or title 16 SSI program). In other words, you do not want a generalist but someone whose only focus is on Social Security Administrative law.

The clear inference is that you will want to avoid an attorney who handles many different types of cases (traffic, bankruptcy, wills and estates) since that individual will is not likely to be strongly familiar with the code of federal regulations as they apply (title 20) to adjudicating Social Security claims.

You can obtain the services of a disability representative or lawyer in California at any time during the life of your disability claim; however representation should always be in place at the disability hearing appeal level. This is true in California or any other state.

Social Security disability hearings are held in front of an administrative law judge in a court room albeit an informal court room. A representative who knows Social Security disability medical and vocational guidelines will be able to present your disability case in a manner that is most favorable to your being approved for disability benefits. There is enough statistical data to indicate that disability claimants who are represented are more likely to be approved for disability benefits at their disability hearing than those who are not.

The fee for representation

Of course, you want your disability claim to have the best chance of being approved, but like so most other disability claimants you may not have the money to pay retainers or attorney fees. Fortunately, Social Security has determined that all disability claimants should have the opportunity to have qualified representation for their disability claims.

To that end, they do not allow Social Security disability representatives to charge any kind of upfront fees or retainers. They limit the amount of any potential fee to 25% of your disability back payment of benefits up to a maximum of $6000.00.

If 25% of your past-due benefits does not allow your representative to collect the maximum $6000.00 fee, your representative is also allowed to receive 25% of the past-due benefits that are paid to your dependents (i.e. spouse and children). Again, though, the total cumulative fee that is paid to the disability attorney or disability representative cannot go over the $6000.00 limit.

The fee paid to disability representatives is similar to a contingency basis, meaning your disability claim must be approved for the representative to receive pay for their services. In fact, they are not permitted to request a fee from you if your disability claim is denied.

This does not however prevent your disability attorney or representative from charging you for any expenses they incur while representing your disability claim. These expenses are known as out of pocket expenses; for example, they might include charges for medical records, copying, postage, etc.

Social Security generally withholds twenty-five percent of your disability back payment until they pay your representative. However, even if your representative’s fee is withheld and paid by Social Security, you are still obligated pay any out of pocket expense you agreed to pay when you signed your fee agreement.

These expenses are paid separately from the representation fee. Most often your attorney or representative will bill you for any out of pocket expenses incurred during your disability claim whether you win or lose your case. Again these issues are should be plainly addressed in the fee agreement you sign with your attorney or representative.















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





























Filing for disability in California

How do I Apply for Disability Benefits in California

How long should you wait before you apply for disability?

SSD and SSI applications in California

What do you do if your California disability claim is denied?

Do you file for your children when you apply for disability in California?

Should you apply for disability in California after a denial?

How long does a disability case take in California

After you file for disability in California

Filing for disability in California and your condition

Filing a disability claim in California, long filing process




The California disability process

Do I need to be disabled a year in California to get disability?

The Social Security Disability process in California

California Disability determination process

Disability approval criteria in California

California Social Security Disability decisions

Steps to Win Social Security Disability benefits in California




Questions about disability in California

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California Social Security Back Pay

Can Disability benefits be garnished in California?

Disability two year medicare waiting period in California

California review of Social Security Disability claim

California Social Security Disability status

VA disability and California Social Security Disability

Can a Congressman in California help on a disability case

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Applying for disability benefits in California




How long does disability take in California?

How long does it take to get a decision on a disability case in California?

Why do disability claims take so long in California?

How Long Will It Take To Get My Disability Decision If I Appeal in California?




Disability claims in California with certain conditions

Applying For Disability On the Basis of Back Pain in California

Filing for Disability with Fibromyalgia in California

Social Security Disability For Mental Illness in California




Winning California disability

Will a lawyer improve the chance to win disability in California?

Getting approved for disability in California

Winning disability in California




California Disability Lawyers and Representation

Getting a disability attorney in California

Finding a new disability attorney in California




Applying for SSI in California

Filing for SSI disability in California

SSI disability denied in California

Are SSI claims in California denied more than SSDI claims?

How to apply for SSI Disability in California




Doctors, medical records, and medical exams

Doctors and applying for disability in California

Can you be turned down for disability in California if your doctor says you are disabled?




Disability hearings in California

Disability Hearings in California

California quick disability hearing

How do I win my Social Security Disability Hearing in California?

How long does it take to get a disability hearing in California?




Disability denials in California

Disability Denied in California

If a disability claim is denied in California

Appealing a Social Security Disability denial in California

If you get denied Social Security Disability in California

Why are Most Disability Cases Denied in California?

Getting approved or denied for disability in California




Disability appeals in California

How do you file a disability appeal in California?

How many disability appeals do you get in California?

If your California disability appeal is denied, can you get another appeal?

If your disability reconsideration is denied in California

Filing a reconsideration appeal in California

Why was I denied disability in California?




Qualifying for disability in California

Qualifying for disability in California

Qualify for SSD in California

Will I Qualify For Disability Benefits in California?




Disability lawyers in California

Using a Social Security Disability Attorney in California

Cost of a California disability attorney

Why do disability lawyers in California sometimes not take cases?

Hiring a Disability Lawyer in California

Social Security Disability Attorney Fees In California

How do Disability Lawyers in California get paid their fees?

Should you get a disability lawyer before you get denied in California?

Lawyer for a disability hearing in California

Why was I denied disability in California?