How Much Can a Social Security Attorney Receive?
Posted 07/23/09
Q: If I hire a social security attorney, is there a way to know how much I might have to pay him or her?A: Your lawyer would only be paid if you are awarded disability benefits. Your attorney will not be compensated if your claim is not approved for disability benefits. That means that your social security attorney will do all he can to assure you win your case. An attorney can be paid up to 25 percent of the retroactive benefits you are awarded. There are limits to how much that dollar amount can be. A lawyer can receive no more than about $6000. Often the money owed to your attorney is subtracted from your retroactive benefits payment automatically by Social Security. It is possible that you will owe your attorney for other costs he or she had to take on during the process, such as ordering medical records.
Q: Do you have to have an attorney in order to be awarded social security disability benefits ?
A: It is possible to be awarded benefits without the help of a social security attorney. The initial review process is pretty straight forward and can usually be navigated without legal representation. Most claims, however, do not receive approval after that first step. It would be beneficial to have an advocate like a social security attorney, if you would like to file an appeal. Having your claim reconsidered is the next step after the initial review process, and a request to do so must be received by Social Security no later than sixty days after you received notification that your claim was not awarded benefits. Most claims are still not awarded benefits after reconsideration. The next and last step is then to file a request to have your case heard before an administrative judge. Having the expertise of a social security attorney during the hearing process can be invaluable. The majority of cases that win during the hearing process have been represented by an attorney. Having a lawyer on your side also guarantees that no deadlines will be missed and that your file is complete and correct.
Q: How do you make sure your social security disability application is moving through the process?
A: It is in your best interest to check in on your claim periodically. Claimants with legal representation can rely on their lawyer to do this for them. Take charge and get some updates, if you do not have an attorney. Simply contact the disability examiner for your case and ask for an update. You have the benefit of seeing that your case is going through the review cycle like it should, and you have a chance to chat with the disability examiner regarding any issues that might be delaying your claim (such as missing medical records or lack of required forms).