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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

Why do people choose not to be represented at a Disability Hearing?



 
In a prior post, I spoke of the fact that, while some disability judges will point out to an unrepresented claimant (a person who shows up at a Social Security Disability hearing without a disability attorney and, most likely, without any form of hearing preparation as well) the fact that they can reschedule their hearing and obtain representation, many judges will not take the time to do this. In short, they will disadvantage the people who appear before them by not informing them of their right to representation. Which is a shame. However, it begs the question. Why do some people choose not to be represented at a disability hearing?

Related:

1. What to expect at a disability hearing
2. What happens when you go to a disability hearing?
3. Preparing for a Disability Hearing
4. Winning at a Social Security Disability Hearing

As someone who works in a social security field recently commented to me, "so many of them don't understand the pay thing". What this individual meant was that a large percentage of individuals who file for disability don't know that they can afford to hire a disability lawyer. They mistakenly conclude that such representation will be extremely costly and that the cost will be prohibitive. They also make the mistake of assuming that the cost of a disability attorney will be something they have to endure "upfront".



In actuality, it doesn't work this way at all when it comes to Social Security Disability administrative law. The fee system for representation on SSD and SSI disability cases is setup so that any person may be represented in a claim, with no upfront cost, and with no risk of loss if the case is not won by the disability lawyer.

Essentially, it works like this. A claimant who desires representation will contact an attorney or a non-attorney representative and state their desire for representation. Typically, what will follow is a brief interview and then the signing and filing of certain disability forms. These will include medical release forms used by the social security administration, an appointment of representative form (the form SSA-1696), and, of course, the fee agreement. The fee agreement, and its language is guided by provisions set forth by the social security administration. And a fee agreement that steps outside these bounds can be rejected by SSA.

What does a fee agreement between a disability attorney and a claimant stipulate? That the representative may receive up to one-fourth of the claimant's disability back pay. However, this is capped to a certain maximum (currently set at $6000.00). It also indicates that the fee is payable only if the claimant's case is won and disability benefits are awarded to the claimant. Since the fee is based on back pay, which is only given to a case that is awarded, how could it be otherwise?

The primary cost factors that should be kept in mind by applicants for disability benefits are simply the following:

A) the fee you pay to a disability representative is only incurred if the case is won and it is limited to one-fourth of the back pay, up to a maximum of $6000.00 and

B) there are no upfront costs.

Are there additional costs that must be paid by a represented claimant to a representative? Yes, in most cases, a person who is represented will also be expected to reimburse the attorney for the cost of obtaining medical records, which will typically be less than $300.00 in most cases. However, this is also a cost that is typically not paid upfront. Most attorneys will not bill for records until the case has been won (meaning the claimant will receive monthly benefits and disability back pay).

Note--if you speak to a disability representative and they make it clear that they would like a fee for out-of-pocket costs (such as for gathering records) upfront, find someone else. Also, if the prospective representative makes it clear that they will bill for incidentals such as the cost of postage and printer paper and ink...you may wish to take a pass on this rep and keep looking elsewhere for assistance.








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

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Social Security Disability Maximum back pay
How much money will I get for disability if I get approved?
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Social Security Disability Claims and Medical Exams
Factors involved in Winning SSDI or SSI Claims



These pages provide answers to basic questions about pursuing disability benefits

What mental problems qualify for disability?
SSI disability status
How to prove you qualify for disability
Qualifying for disability eligibility requirements
How Does Social Security Decide If You Are Disabled
How much does disability pay?
Factors involved in Winning SSDI or SSI Claims
Applying for disability with Degenerative Disc Disease
How long to get a Social Security decision letter?
What Does Social Security Consider To Be a Disability?
The amount of back pay that you receive
Social Security medical disability determination process
If You Get Approved For SSDI Will You Also Get Medicare?
How long can you receive SSI or Social Security Disability benefits?
How Long Does A Social Security Disability Appeal Take?
How Long Does It Take To Get Disability Benefits When You First File?
Can you work if you get SSI disability?
Social Security Disability attorney fees
Am I eligible to receive disability benefits?
What are the non medical requirements for disability
How to get SSI
Approved for disability benefits
SSD SSI disability hearing decision








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.