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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

Social Security Disability Appeal Attorney fees



 
The Social Security Administration has rules governing attorneys and representatives with regard to the amount of their fee and when a fee can be collected.

Attorneys and Social Security representatives cannot charge a fee for their services if they do not win your disability case. If you are not approved for disability benefits, they will not receive a fee for their services; they will however be able to collect on any expenses you agreed to pay when you signed your fee agreement. Expenses might include but are not limited to medical records, travel, or vocational experts.

If you have an attorney, they cannot request you pay any kind of up front retainer for their services.

If your attorney or representative wins your disability case, they are entitled to receive 21% of your back payment of benefits up to a maximum of $6000.00 (current maximum) provided there is a back payment of benefits.

If 21% is less than $6000.00, you pay the lesser amount. Again, reimbursable expenses agreed upon in your fee agreement are outside the fee maximum.



Also, please note: Your representative can collect a percentage of any dependent who is entitled on your record if it turns out that they are not able to collect the entire $6000.00 from your back payment.

They are allowed 21% of their back payments as well. For example, if they were able to collect $4000.00 of their fee from you, they can collect a maximum of 2000.00 from any dependents entitled on your record.

The fee agreement is a contract

If you sign a fee agreement with an attorney or representative, it is legally binding. This means they are entitled to their fee and any agreed upon expenses. If you decide in the middle of your disability claim that you do not want to keep your representative, you can notify Social Security of your decision and they will remove them. However, this does not remove your obligation to pay their fee even if you have another representative.

In order for you not to be responsible for a fee, the former representative has to provide Social Security a letter of withdrawal that states they will waive their fee.

So what happens if they refuse to provide the letter? They can petition the judge for a fair fee for the work they performed on your claim prior to your obtaining the services of another representative.

Sometimes their fee petition is denied, other times they may be entitled to a partial or full fee amount based on your back payment. Technically, you could be liable for two full fee amounts. So if you chose a representative or attorney, you should plan on staying with them if at all possible.








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Previously answered questions regarding SSD and SSI

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

Do I need an attorney to win disability?
How Long Does It Take To Go Before A Judge For Disability?
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Social Security Disability SSI and Medical conditions
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Filing for disability - How to file the disability application
Do you need a lawyer to file for disability?
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Can you get temporary Social Security Disability or SSI benefits?
The Social Security Disability Award Letter
Social Security Disability SSI Eligibility Requirements
How Many Times Will you be denied before You Get Approved for Disability?
What makes you eligible for Social Security Disability or SSI?
How to Prove disability and qualify to win benefits
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Social Security Disability Back pay and How Long it Takes
What should you say if you go to a Social Security Exam?
Maximum back pay you can get from Social Security Disability or SSI
How to qualify for disability
What is the Social Security Disability List of Impairments?
What is considered a disability by Social Security?
How Long Does A Social Security Disability Appeal Take?
How does back pay for Social Security Disability work?
Your Social Security Disability Status
How do you find out if a disability claim has been approved or denied?
How to check Social Security Disability Status
Applying for disability, what medical conditions can you apply for?
How do you prove your disability case if you have a mental condition or impairment?
How much does disability pay?
Can I get permanent Social Security Disability or SSI?
How long will it take to get a disability decision letter?
Social Security Disability and SSI Medical Exams
How long does it take to be approved for SSI or Social Security Disability?
How Long to get a Disability Hearing decision?
How long to get disability benefits after you receive an award notice?
Social Security Disability and Working
What makes a person eligible to receive disability benefits?
How To Get Disability Through SSDI or SSI Approved
How Much Income Can A Person Earn If He Draws Social Security Disability?
Partial disability benefits from Social Security
Can I Qualify For Disability for Depression?








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.