Social Security Disability Resource Center
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How do Disability Lawyers in New York get paid their fees?
If you have a Social Security Disability or SSI disability claim in New York and you have representation, through a disability lawyer or a non-attorney disability representative (many non-attorney reps are former Social Security Administration claims representatives or disability examiners, such as the author of SSDRC.com, Tim Moore), that individual will be paid a percentage of your back payment as their fee...provided, of course, that they win your claim.
Important facts about disability representation fees
1. You do not pay an upfront fee when you select a disability representative - Many claimants and potential claimants in New York find themselves concerned about their ability to pay or afford someone to handle their claim. But in the SSD and SSI disability system, a fee can never be charged upfront.
This means that the issue of cost is not a bar to finding assistance and practically any claimant seeking help on a disability case in New York can find representation as long as their claim has merit.
2. The fee for representation is only paid if the case is won - This is because the fee is actually paid out of whatever back payment that a claimant (whose case has been won) is found eligible to receive. If the Social Security Disability or SSI disability case is not won, there is no fee that is owed to the disability lawyer or representative.
Obviously, this gives every disability lawyer or representative in New York a very strong incentive to provide qualified representation and, when appearing before an administrative law judge at a disability hearing, to both properly prepare the case for hearing, and to properly present it.
3. The fee that may be paid to a disability representative or disability lawyer in New York can never exceed a certain maximum. Currently, the maximum fee payment is $6000.
This means that if a claimant is awarded $24,000 in Social Security back pay, the fee that will be paid will be $6000. However, if the claimant is awarded $32,000 in disability back pay, the fee will still only be $6000. The fee that is paid can never exceed the maximum allowed by Congress and the Social Security Administration.
4. The actual payment of the fee is handled by SSA. After a case has been won, a payment processing center will calcuate whatever back pay is owed to the claimant and whatever portion of the back payment is owed to the disability representative or attorney and then forward payment to that individual.
The fact that a claimant is not required to pay the equivalent of a retainer effectively means that any claimant who has a disability claim with merit should not have any difficulty finding representation.
Furthermore, the fact that the fee is paid only in the event that the case is won (usually at the disability hearing level) provides strong incentive for a representative or attorney to assemble a strong case based on Social Security Administrative regulations, rulings, and objective medical evidence that proves the claimant meets the SSA definition of disability.
Social Security Disability and SSI Resource Center
New and featured pages on SSDRC.com
Social Security Disability Requirements
Social Security Disability list of impairments
Social Security Disability Application
Can you get disability for arthritis of the knee?
How much income can you earn on Social Security disability?
If you get denied at a disability hearing, can you win later?
How much can an attorney charge for Social Security disability?
Can you get approved for disability based on Ulcerative Colitis?
The Most Basic questions about Getting Disability Benefits
Social Security Disability SSI and whether or not you can work
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Questions and Answers
More Social Security Disability SSI Questions and Answers
Common Questions about Social Security Disability and SSI
Winning Social Security Disability or SSI Benefits
The SSI Disability Benefits Program
Medical exams for disability claims
Applying for Disability in various states
Social Security Disability SSI and Doctors - Yours and Theirs
Social Security Disability and SSI Claim Reviews
Social Security Disability SSI System and Benefits for Children
Denials, Appeals, and Getting a Disability Lawyer or Representative
What you should know about Social Security Disability and SSI Denials
Questions about Disability Lawyers and Hiring a Disability Attorney
Frequently asked questions about getting Denied for Disability Benefits
FAQ on Disability Claim Representation
Disability hearings before Judges
Selecting and hiring Disability Lawyers
Various Types of Benefits including SSI, Mental, and Child benefits
Social Security and SSI based on Mental Disability
Social Security Disability or SSI Benefits for Children
Disability Benefits through Social Security
Filing for Social Security Disability or SSI Benefits
Social Security Disability SSI: Medical Evidence and Records
Filing your claim for disability benefits
Eligibility for receiving disability benefits
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
Resources on this site
Social Security Disability, SSI Terms and Definitions
Previously answered questions regarding SSD and SSI
About the Author of SSDRC, Tim Moore
For Individuals living in North Carolina
Applying for Disability in North Carolina
North Carolina Disability Lawyer
Individual Questions and Answers
SSD and SSI are Federal Programs
The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Recent approval and denial statistics for various states can be viewed here:
Social Security Disability, SSI Approval and Denial Statistics by state
Special Section: Tips and Advice for Social Security Disability and SSI Claims