How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

If You Are Represented For Social Security Disability or SSI, When Do You Pay The Fee?

Social Security requires disability attorneys and non-attorney disability representatives to follow Social Security fee payment guidelines when they represent disability applicants. If you obtain representation services from an attorney or non-attorney representative, you do not pay a retainer or a fee upfront. Social Security allows your representative to collect a representation fee equal to twenty- five percent of any back payment up to a specified maximum (currently, this is $6000.00 but the max is subject to change every few years) if your disability claim is approved.

If you are not approved, they are not entitled to a fee for their representation. But while they may not be entitled to a representation fee if you have no back payment or are denied, they still may be entitled to collect payment for incidental expenses.

Incidental expenses are outlined in the fee agreement you sign with your representative. Incidental expenses might include but are not limited to copy expenses, telephone calls, medical records, travel, or any other expense incurred during your disability case. Social Security fee agreements are legally binding contracts for payment. Some collect agreed upon incidental fees whether you win or lose your disability claim, while others collect only if you win, and still others charge no incidental fees at all.

It is important to read your fee agreement thoroughly. Only sign the agreement if you agree with the fee and incidental expenses.

Generally, Social Security pays your representation fee prior to paying you your back payment benefits. However they do not pay your agreed upon incidental expenses prior to paying you your back payment. Consequently, you are still obligated to pay your representative for any agreed upon expenses once you receive your back payment.

While Social Security pays most disability representation fees through fee withholding, there are exceptions. There are some non-attorney representatives who are not eligible for fee withholding and there are attorneys who prefer not to use fee withholding. In these cases, you are still for paying the representation fee and incidental expenses out of your disability back payment.

Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state

Most popular topics on SSDRC.com

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

How to get disability for depression

Getting disability for fibromyalgia

SSI disability for children with ADHD

What is the Application Process for Social Security Disability and SSI?

Common Mistakes to avoid after being denied for Disability

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

Social Security Disability SSI definitions

What makes you eligible for Social Security Disability or SSI?

New and featured pages on SSDRC.com

Who can help me file for disability?

Related pages:

Applying for disability for Plantar Fasciitis
How much does a Social Security Disability attorney get paid?
Does Social Security pay the Disability Attorney fee?
What is the maximum fee a Social Security Disability attorney can charge?
What Can A Disability Lawyer Charge For Their Services - Fees and Expenses?
What Expenses Will A Social Security Attorney Charge In Addition To The Fee?
The Social Security Disability Representation Fee and What a Lawyer is Paid
If You Are Represented For Social Security Disability or SSI, When Do You Pay The Fee?
How does a Social Security attorney get paid?
How do Disability Lawyers in North Carolina get paid their fees?
Retroactive Social Security Benefits with reduced early retirement at 62?
If you apply for disability in Hawaii
Getting a Disability Lawyer in Hawaii

These pages answer some of the most basic questions for individuals who are considering filing a claim.

Can you get temporary Social Security Disability or SSI benefits?

Permanent Social Security Disability

What is the difference between Social Security Disability and SSI?

Who is eligible for SSI disability?

Can I Be Eligible For SSI And Social Security Disability At The Same Time?

What makes a person eligible to receive disability benefits?

Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?

What happens if I file a disability application and it is denied by a disability examiner or Judge?

For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.