Social Security Disability Resource Center

Overview | How to Qualify | Applications
Requirements | How long it takes | Back Pay
Mental Disability | What is a disability? | Tips
SSI Benefits | How to Win | Disability Awards
Hearings | Appeals | List of Disabling Conditions

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.








  • What medical conditions will get you approved for disability?

  • What kind of Mental Problems Qualify for Disability?

  • Which conditions will social security recognize as a disability?

  • Tips for getting Social Security Disability or SSI benefits approved







  • SSDRC Homepage:

    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






    For Individuals living in North Carolina

    Applying for Disability in North Carolina

    North Carolina Disability Lawyer







    Individual Questions and Answers


  • Applying for disability benefits in New York

  • Hiring a Disability Lawyer in New York

  • Will I Qualify For Disability Benefits in New York?

  • What do I do to file a disability appeal in New York?

  • Denied on a Social Security Disability Claim in New York

  • Appealing a Social Security Disability Denial in New York

  • Can you appeal a disability denial in New York after the deadline?

  • Social Security Disability Status or SSI Update in New York

  • Will You Be Denied For Disability If Your Records Indicate You Can Return To Work?

  • Social Security Disability SSI - Retroactive Benefits Vs Back Pay Benefits

  • Filing a Social Security Disability Application - How to File & the Information that is Needed by SSA

  • How do you find out if a Social Security disability claim has been approved or even denied?

  • Will Coronary Artery Heart Disease qualify you for disability?

  • Social Security Disability SSI - Eligibility Requirements and Criteria to Qualify

  • Who qualifies for disability? - Qualifying is based on evidence of functional limitations?

  • SSDI Decision or SSI Decision - How long does it take?

  • Are there ways to avoid being denied for SSI or social security disability?

  • Filing for Social Security Disability or SSI with Bipolar Disorder

  • How do Social Security Disability and SSI appeals work?

  • How long does it take to be approved for Social Security disability?

  • What is considered a Disabling condition by Social Security?

  • Filing for Social Security Disability or SSI with Multiple Sclerosis MS

  • Will my children get benefits if I get approved for disability?

  • How much does a Social Security disability attorney get paid?

  • Social Security Disability SSI and ADHD Attention Deficit Hyperactivity Disorder

  • How much does Social Security Disability or SSI pay?

  • How long Does SSI Disability or Social Security Disability last?

  • Can a child receive disability benefits for asthma?

  • Why Is It Hard to be Found Disabled for Social Security Disability or SSI for Seizures?

  • Are children eligible to receive disability benefits?

  • How Long Does It Take To Get Disability Benefits When You First File?

  • The Social Security Disability Representation Fee and What a Lawyer is Paid

  • How do you Win Benefits under Social Security Disability or SSI or SSI?

  • What is the SSI and Social Security Disability Application Wait Time?

  • Social Security Temporary Disability - Can I get temporary benefits?

  • Can You Get Approved For Social Security Disability If You Do Not Take Medication Or Go To a Doctor?

  • How does back pay for Social Security disability work?

  • Receiving a Social Security Disability Award Letter

  • How to qualify for disability - The Process of Qualifying for Benefits

  • Filing for disability by state of residence

  • Disability Lawyers by state






    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