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
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