Are There Limits to the Amount of Money a Social Security Attorney Can Make on a Particular Case?

By: Albert Tobega Click author's name for more of his/her articles

Q: How is a social security attorney paid?
The attorney will only be compensated if you win your case. If your claim is not awarded benefits, your lawyer will not be paid. 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 is a maximum amount that can be awarded within that 25 percent. Currently, that limit is just under $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: You do not need a social security attorney to win your case. The initial review process is pretty straight forward and can usually be navigated without legal representation. Unfortunately, a fair number of applications for disability benefits are denied after they go through the initial review process. 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. The knowledge and experience a social security attorney can bring to your claim while undergoing this last step is extremely beneficial. 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: Making sure you know how your claim is progressing is very smart. If you have a social security attorney, he or she will do this for you. But if you do not have a lawyer, do it yourself. Call the Social Security claim representative for your particular claim and see how your file is moving along. 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).

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