Social Security Disability RC

How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long for Disability?, Disability Application
Social Security Disability list of impairments
How to Qualify for Disability, Mental Disability
Disability Lawyers FAQ, Disability Back Pay

How Much Are The Fees For A Disability Lawyer In Texas?



 
If you have a Social Security disability claim or appeal pending in Texas, you should consider obtaining the services of a disability representative. This individual may be a disability lawyer or a non-attorney disability representative. The Social Security Disability and SSI system is an administrative-legal system and for this reason a non-attorney may represent a claim. In practical terms, there is no difference between the two and many non-attorney representatives are former disability examiners and SSA field office claims representatives.

However, because the SSA (Social Security Administration) disability system is very complex and takes years to become well-versed in, a claimant in Texas should choose a representative who is very familiar with how the federal disability system works, meaning the basic requirements and qualifications for disability, how claims are approved, how evidence is viewed, as well as the various grid framework rules and federal regulations that guide decisions, and the court rulings that apply to individual cases.


Common questions about filing for disability in Texas
The cost of representation

You may be unsure if you can afford the retainer or fees of a disability representative or lawyer to help you win your disability claim. This is a common concern; however, there is no need to be concerned about cost; attorney and non-attorney representatives must agree to very specific Social Security fee guidelines in order to represent disability claimants.

The fee for representation in Texas is 21% of your back payment of disability benefits up to a maximum amount of $6000.00. In other words, the fee can never exceed $6000 under any circumstances. However, it can also never exceed 1/4 of your back pay.

So, to use an example, if your back pay is $10,000 then the representative's fee would be $2500. For a representative to receive the maximum fee allowed by law, a claimant would have to be eligible to receive at least $24,000 in back pay benefits.

This fee may be collected from your back pay, as well as the back pay of any dependents you have (children, spouse) provided the total amount does not exceed the $6000.00 maximum. Social Security determines the fee amount your representative may charge for their services; this amount is all you owe even if you agreed to a higher fee amount.

In most cases, you will not have to worry about paying the representative. Social Security will withhold the fee from your back payment of benefits prior to sending you your back payment. You must pay any agreed upon incidental expenses out of your back payment.

Other important facts about representation costs

Social Security does not allow representatives in Texas to charge retainers or hourly fees that must be paid prior to their taking your case. To charge you a fee, your attorney or representative must file a fee agreement or fee petition with Social Security. The fee agreement is signed by both you and your representative and it is a legally binding agreement. The fee agreement lists the normal fee expectation along with any expenses you are expected to pay.

Incidental expenses might include: bills from doctors, charges for physician’s statements or residual functional capacity forms, charges for medical reports and records, postage and copying costs or any other expense incurred while preparing your disability claim.

It is especially important for you to read your fee agreement carefully. Some representatives charge incidental expenses only if they win your case while others charge expenses whether they win your case or not.

If your attorney uses a fee petition (this may occur if you started, for instance, with one lawyer and then switched to a different disability attorney), they must present it after they complete their work on your disability case. The fee petition describes the amount of time they spent on each service they provided. Your representative must provide you with a copy of the fee petition and each attachment they included to justify their request for payment.

If you do not agree with any of the information provided or the amount of money requested, you have twenty days to contact Social Security to dispute the petition. Social Security will consider everything and tell you and your representative in writing the amount they are authorizing as a fee in your case.









Essential Questions

Can you work on Disability?

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



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

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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?

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General information

Filing for disability in Texas
What are the qualifications for disability in Texas?
When do you file for Texas disability benefits? - when you become disabled
SSI vs Social Security Disability in Texas
Winning a Social Security Disability or SSI award in Texas
Disability for depression in Texas
Disability approval process - Getting disability in Texas
Resource links for Filing a Texas disability application
Can I apply for temporary and later permanent Disability in Texas?
How much can I get from Social Security Disability in Texas?
Eligibility and qualifying for disability in Texas
Social Security Disability Status in Texas


Disability appeals in Texas

What if you get denied disability in Texas?
Can you avoid a Social Security Disability Denial in Texas?
The Social Security Disability and SSI appeals process in Texas
Starting an appeal on a disability claim in Texas
What are the chances of winning a disability appeal in Texas?
How many disability appeals do you get in Texas?
Filing a Texas Disability Appeal


Disability Hearings in Texas

How long does it take to get a disability hearing decision in Texas?
Going to and getting ready for a disability hearing in Texas
Don't waste your Texas disability hearing - be prepared
Qualifying for disability at a hearing in Texas


Texas Disability Attorney questions

Get a qualified disability attorney, lawyer, advocate in Texas
Should you get help from a disability attorney in Texas if you have not filed yet?
What does a disability lawyer in Texas do to help you win benefits?
How Much Are The Fees For A Disability Lawyer In Texas?
How do Disability Lawyers in Texas get paid their fees?
Qualifying For Disability in Texas, will I qualify?





These pages provide answers to basic questions about pursuing disability benefits

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 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.