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 do Disability Lawyers in New York get paid their fees?




 
If you have a Social Security Disability or SSI disability claim in New York and you have representation, through a disability lawyer or a non-attorney disability representative (many non-attorney reps are former Social Security Administration claims representatives or disability examiners, such as the author of SSDRC.com, Tim Moore), that individual will be paid a percentage of your back payment as their fee...provided, of course, that they win your claim.

Important facts about disability representation fees

1. You do not pay an upfront fee when you select a disability representative - Many claimants and potential claimants in New York find themselves concerned about their ability to pay or afford someone to handle their claim. But in the SSD and SSI disability system, a fee can never be charged upfront.

This means that the issue of cost is not a bar to finding assistance and practically any claimant seeking help on a disability case in New York can find representation as long as their claim has merit.

2. The fee for representation is only paid if the case is won - This is because the fee is actually paid out of whatever back payment that a claimant (whose case has been won) is found eligible to receive. If the Social Security Disability or SSI disability case is not won, there is no fee that is owed to the disability lawyer or representative.

Obviously, this gives every disability lawyer or representative in New York a very strong incentive to provide qualified representation and, when appearing before an administrative law judge at a disability hearing, to both properly prepare the case for hearing, and to properly present it.

3. The fee that may be paid to a disability representative or disability lawyer in New York can never exceed a certain maximum. Currently, the maximum fee payment is $6000.

This means that if a claimant is awarded $24,000 in Social Security back pay, the fee that will be paid will be $6000. However, if the claimant is awarded $32,000 in disability back pay, the fee will still only be $6000. The fee that is paid can never exceed the maximum allowed by Congress and the Social Security Administration.

4. The actual payment of the fee is handled by SSA. After a case has been won, a payment processing center will calcuate whatever back pay is owed to the claimant and whatever portion of the back payment is owed to the disability representative or attorney and then forward payment to that individual.

The fact that a claimant is not required to pay the equivalent of a retainer effectively means that any claimant who has a disability claim with merit should not have any difficulty finding representation.

Furthermore, the fact that the fee is paid only in the event that the case is won (usually at the disability hearing level) provides strong incentive for a representative or attorney to assemble a strong case based on Social Security Administrative regulations, rulings, and objective medical evidence that proves the claimant meets the SSA definition of disability.















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












Individual Questions and Answers


  • Applying for disability benefits in New York

  • Hiring a Disability Lawyer in New York

  • Will I Qualify For Disability Benefits in New York?

  • What do I do to file a disability appeal in New York?

  • Denied on a Social Security Disability Claim in New York

  • Appealing a Social Security Disability Denial in New York

  • Can you appeal a disability denial in New York after the deadline?

  • Social Security Disability Status or SSI Update in New York

  • Will You Be Denied For Disability If Your Records Indicate You Can Return To Work?

  • Social Security Disability SSI - Retroactive Benefits Vs Back Pay Benefits

  • Filing a Social Security Disability Application - How to File & the Information that is Needed by SSA

  • How do you find out if a Social Security disability claim has been approved or even denied?

  • Will Coronary Artery Heart Disease qualify you for disability?

  • Social Security Disability SSI - Eligibility Requirements and Criteria to Qualify

  • Who qualifies for disability? - Qualifying is based on evidence of functional limitations?

  • SSDI Decision or SSI Decision - How long does it take?

  • Are there ways to avoid being denied for SSI or social security disability?

  • Filing for Social Security Disability or SSI with Bipolar Disorder

  • How do Social Security Disability and SSI appeals work ?

  • How long does it take to be approved for Social Security disability?

  • What is considered a Disabling condition by Social Security?

  • Filing for Social Security Disability or SSI with Multiple Sclerosis MS

  • Will my children get benefits if I get approved for disability?

  • How much does a Social Security disability attorney get paid?

  • Social Security Disability SSI and ADHD Attention Deficit Hyperactivity Disorder

  • How much does Social Security Disability or SSI pay?

  • How long Does SSI Disability or Social Security Disability last?

  • Can a child receive disability benefits for asthma?

  • Why Is It Hard to be Found Disabled for Social Security Disability or SSI for Seizures?

  • Are children eligible to receive disability benefits ?

  • How Long Does It Take To Get Disability Benefits When You First File?

  • The Social Security Disability Representation Fee and What a Lawyer is Paid

  • How do you Win Benefits under Social Security Disability or SSI or SSI?

  • What is the SSI and Social Security Disability Application Wait Time?

  • Social Security Temporary Disability - Can I get temporary benefits?

  • Can You Get Approved For Social Security Disability If You Do Not Take Medication Or Go To a Doctor?

  • How does back pay for Social Security disability work?

  • Receiving a Social Security Disability Award Letter

  • How to qualify for disability - The Process of Qualifying for Benefits

  • Filing for disability by state of residence

  • Disability Lawyers by state













    SSD and SSI are Federal Programs

    The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:

    Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

    Recent approval and denial statistics for various states can be viewed here:

    Social Security Disability, SSI Approval and Denial Statistics by state

    Special Section: Tips and Advice for Social Security Disability and SSI Claims