(Visit the Social Security Disability Resource Center) –
While Social Security is not an adversarial process, it can be a very daunting process. Social Security understands that an average person is highly unlikely to be cognizant of the intricacies of Social Security disability medical vocational guidelines or court rulings. Therefore, they established a way for disability applicants to have legal representation for a disability claim without having to pay legal retainers. An attorney must be amenable to the fee guidelines established by Social Security if they wish to represent disability cases.
An attorney can only collect a fee for representation if 1. you are approved for disability benefits and 2. you are also entitled to a back payment of benefits. Their allowable fee is 25% of your back payment up to a maximum of $6000.00 whichever is less. They are allowed to collect 25% of the back payment for any dependent entitled on your record if they did not receive the maximum $6000.00 fee from your back payment.
For example, if you have a back payment of $20,000.00, your attorney can collect $5000.00 for their fee. If you have dependents, the fee works the same; they are allowed to collect 25% of their back pay or $1000.00 (this example) whichever is less.
If you get an attorney, they will have you sign a fee agreement that will state that you agree to pay them 25% your back payment up to the maximum of $6000.00. The fee agreement can include other expenses such as medical records, travel, or any other expense incurred in the development of your disability case.
Note:Your attorney can ask for payment of expenses whether you win or lose your disability claim. Social Security neither approves or disapproves the expenses that your attorney requests. However,fee agreements are legally binding and should be read carefully to see prior to signing. You are liable to anything you agree to pay.
For more information about SSD and SSI on this site, please refer to the pages and sections linked below.
- Getting disability approved on a reconsideration with an attorney
- What hours can I work and get disability?
- Denied for disability, then my condition got worse
- Can you get disability for migraines?
- What are wait Times for Social Security Disability Hearings?
- What type of back problems qualify for disability?
- How to dress for a disability hearing
- Social Security Disability SSI – mistakes not to make 2
- How does Social Security make a disability determination?
- If I get approved for disability, will I get kicked off later?
- Social Security Disability SSI – mistakes not to make 3
- Denial by an ALJ at a Disability Hearing
- What happens if a child is approved for SSI and later has benefits stopped?
- Can working hurt my disability case I have a hearing coming up?
- Does my doctor decide if I am disabled?
- Social Security Disability SSI – mistakes not to make 5
- Should I get a lawyer for my disability hearing for SSD or SSI?
- Social Security Disability SSI – mistakes not to make 6
- A medical or non-medical denial for disability
- How long does a disability judge have to make a decision?
- Will you lose your disability benefits when you get to retirement age?
- Getting Disability and Trying to work
- Can you file for disability after you file for early Social Security Retirement?
- When does Social Security send you to an xray?
- Social Security Disability SSI – mistakes not to make 8
- How do you get the most in Social Security disability SSI back pay?
- Social Security Disability SSI – mistakes not to make 9
- Social Security Disability SSI Appeals Council Appeal
- What are the requirements for disability?
- What about my disability back pay?
- Applying for SSI
- SSI Social Security Disability Award Notice
- Social Security Disability and SSI Applications
- Social Security Disability SSI decisions
- Disabilility application SSI, SSD, SSDI
- Social Security Disability Hearing
- Social Security Disability SSI Questions
- Get approved for disability
- How do I qualify for disability?
- Social Security Disability SSI denied
- Social Security Disability, SSI, Work, and Working
- Disability appeals
- Social Security Mental Disability Benefits
- Overview of disability
- Eligibility for receiving disability benefits
- Disability lawyer, disability attorney info
- To file a claim for disability