Overview of Disability
Disability Back Pay
Requirements for Disability
Applications for disability
Tips and Advice for Disability Claims
How long does Disability take?
Winning Disability Benefits
Common Mistakes after a Denial
Mental Disability Benefits
Denials for Disability
Appeals for denied claims
Disability Benefits from SSA
Child Disability Benefits
Qualifications and How to Qualify
Working and Disability
Disability Awards and Notices
Disability Lawyers, Hiring Attorneys
Social Security List of Conditions
What Social Security considers disabling
Medical Evidence and Disability
Filing for Disability Benefits
Eligibility for Disability Benefits
SSD SSI Definitions
SSDRC authored by NC
disability advocate Tim Moore
Ask a question, get an answer
How Much Are The Fees For A Disability Lawyer In Texas?
If you have a Social Security disability claim or appeal pending in Texas, you should consider obtaining the services of a disability representative. This individual may be a disability lawyer or a non-attorney disability representative. The Social Security Disability and SSI system is an administrative-legal system and for this reason a non-attorney may represent a claim. In practical terms, there is no difference between the two and many non-attorney representatives are former disability examiners and SSA field office claims representatives.
However, because the SSA (Social Security Administration) disability system is very complex and takes years to become well-versed in, a claimant in Texas should choose a representative who is very familiar with how the federal disability system works, meaning the basic requirements and qualifications for disability, how claims are approved, how evidence is viewed, as well as the various grid framework rules and federal regulations that guide decisions, and the court rulings that apply to individual cases.
Common questions about filing for disability in Texas
The cost of representation
You may be unsure if you can afford the retainer or fees of a disability representative or lawyer to help you win your disability claim. This is a common concern; however, there is no need to be concerned about cost; attorney and non-attorney representatives must agree to very specific Social Security fee guidelines in order to represent disability claimants.
The fee for representation in Texas is 25% of your back payment of disability benefits up to a maximum amount of $6000.00. In other words, the fee can never exceed $6000 under any circumstances. However, it can also never exceed 1/4 of your back pay.
So, to use an example, if your back pay is $10,000 then the representative's fee would be $2500. For a representative to receive the maximum fee allowed by law, a claimant would have to be eligible to receive at least $24,000 in back pay benefits.
This fee may be collected from your back pay, as well as the back pay of any dependents you have (children, spouse) provided the total amount does not exceed the $6000.00 maximum. Social Security determines the fee amount your representative may charge for their services; this amount is all you owe even if you agreed to a higher fee amount.
In most cases, you will not have to worry about paying the representative. Social Security will withhold the fee from your back payment of benefits prior to sending you your back payment. You must pay any agreed upon incidental expenses out of your back payment.
Other important facts about representation costs
Social Security does not allow representatives in Texas to charge retainers or hourly fees that must be paid prior to their taking your case. To charge you a fee, your attorney or representative must file a fee agreement or fee petition with Social Security. The fee agreement is signed by both you and your representative and it is a legally binding agreement. The fee agreement lists the normal fee expectation along with any expenses you are expected to pay.
Incidental expenses might include: bills from doctors, charges for physician’s statements or residual functional capacity forms, charges for medical reports and records, postage and copying costs or any other expense incurred while preparing your disability claim.
It is especially important for you to read your fee agreement carefully. Some representatives charge incidental expenses only if they win your case while others charge expenses whether they win your case or not.
If your attorney uses a fee petition (this may occur if you started, for instance, with one lawyer and then switched to a different disability attorney), they must present it after they complete their work on your disability case. The fee petition describes the amount of time they spent on each service they provided. Your representative must provide you with a copy of the fee petition and each attachment they included to justify their request for payment.
If you do not agree with any of the information provided or the amount of money requested, you have twenty days to contact Social Security to dispute the petition. Social Security will consider everything and tell you and your representative in writing the amount they are authorizing as a fee in your case.
Return to: Social Security Disability Resource Center, or read answers to Questions
Filing for disability in Texas
What are the qualifications for disability in Texas?
When do you file for Texas disability benefits? - when you become disabled
SSI vs Social Security Disability in Texas
Winning a Social Security Disability or SSI award in Texas
Disability for depression in Texas
Disability approval process - Getting disability in Texas
Resource links for Filing a Texas disability application
Can I apply for temporary and later permanent Disability in Texas?
How much can I get from Social Security Disability in Texas?
Eligibility and qualifying for disability in Texas
Social Security Disability Status in Texas
Disability appeals in Texas
What if you get denied disability in Texas?
Can you avoid a Social Security Disability Denial in Texas?
The Social Security Disability and SSI appeals process in Texas
Starting an appeal on a disability claim in Texas
What are the chances of winning a disability appeal in Texas?
How many disability appeals do you get in Texas?
Filing a Texas Disability Appeal
Disability Hearings in Texas
How long does it take to get a disability hearing decision in Texas?
Going to and getting ready for a disability hearing in Texas
Don't waste your Texas disability hearing - be prepared
Qualifying for disability at a hearing in Texas
Texas Disability Attorney questions
Get a qualified disability attorney, lawyer, advocate in Texas
Should you get help from a disability attorney in Texas if you have not filed yet?
What does a disability lawyer in Texas do to help you win benefits?
How Much Are The Fees For A Disability Lawyer In Texas?
How do Disability Lawyers in Texas get paid their fees?
Qualifying For Disability in Texas, will I qualify?
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 provide answers to basic questions about pursuing disability benefits
Disability qualifications - Who will qualify is based on functional limitations
What do you Need to Prove to Qualify for Disability Benefits?
How to file for disability and the information needed by Social Security
What conditions do they Award Disability Benefits for?
How does back pay for Social Security disability work?
What makes you eligible for Social Security Disability or SSI? Part I
To get a Social Security Disability or SSI Award do you have to have a Permanent Disability?
Social Security Disability Status - when should I call to check
Do Lawyers Improve The Chances of Winning Social Security Disability or SSI?
What is qualifying for disability based on?
How to qualify for disability - The Process of Qualifying for Benefits
Receiving a Social Security Disability Award Letter
How long does it take to get disability?