Social Security Disability SSI Resource Center




Topic Categories:


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

SSI Benefits

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



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How do Disability Lawyers in Texas get paid their fees?




 
A representative handling a disability claim through the Social Security Administratration (SSD or SSI) may be a disability lawer or a non-attorney disability representative (many non-attorney representatives are former SSA field office claims reps or disability examiners, such as the author of SSDRC.com, Tim Moore).

The fee for representing a Social Security Disability or SSI disability claim in Texas is regulated by the Social Security Act which is administered by the Social Security Administration at the federal level. Disability lawyers and non-attorney disability representatives are not paid upfront.

A representative is only paid a fee when a case has been won. Usually, this occurs at the disability hearing level (hearings are decided by federal ALJs, or administrative law judges) since the rate of approval at the disability application level tends to be fairly low and the rate of approval at the next level, the request for reconsideration level, tends to be even dramatically lower than this.

Regardless of the level at which an SSD or SSI claim is won, the fee that is paid to a disability lawyer or disability representative in the state of Texas is equal to one-fourth of the back pay benefits that a claimant is eligible to receive.

So, for example, if a claimant is awarded $18,000 in a back payment, the non-attorney representative or lawyer would be eligible to receive $4500 as payment for the fee.

However, the fee is capped at a certain maximum. Currently, that maximum is set at $6000. This the most that a representative in Texas can be paid on any disability claim. And, obviously, it is only paid if the case is actually won.


Common questions about filing for disability in Texas
An additional benefit is also that the actual payment of the fee will be handled by the Social Security Administration which will calculate the amount of back pay that is owed to the claimant and then deduct the amount owed to the representative and send it to them.

Do you pay a higher fee if the case takes longer? No, the maximum fee amount payable is simply the maximum.

Are there other costs associated with having a case represented? Usually, yes. In the course of handling a claim for disability, a representative will usually incur predictable expenses such as the cost of obtaining medical records and perhaps a statement from a physician who has a history of providing treatment to the claimant. Sometimes, the attorney or representative will ask for reimbursement as the costs are incurred, or they may simply ask for a cumulative reimbursement of costs after the case has been concluded.

Claimants who choose someone to represent their SSD or SSI claim in Texas will sign a fee agreement in addition to the form that authorizes that individual, firm, or company to represent them. This agreement must be approved by the Social Security Administration and that fact pretty much guarantees that the representative will not charge unallowable expenses.

Nevertheless, a claimant should always read their fee agreement before signing to ensure they fully understand what they may be charged.

To recap: the fee for representation of a claim is fixed and non-negotiable, but some representatives may differ in what they charge for incidental expenses.















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





























General information

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?