It’s pretty straightforward to determine the attorney fee in most Social Security disability claims. That’s because lawyers who handle social security disability claims charge the same amount for their services.
This is because federal law stipulates the criteria for paying legal fees for social security disability claims. So, how much can an attorney get for social security cases?
Let’s find out!
How Much Can an Attorney Get for Social Security Cases?
The Social Security Administration (SSA) establishes the maximum attorney fee for Social Security Disability cases and must approve all fee agreements first.
The SSA approval criteria include the following:
That the total fee cannot exceed 25% of your boc benefits or
- $4,000 if the fee agreement was authorized before 1st February 2002
- $5,300 if the fee agreement was authorized on or after 1st February 2002
- $6,000 if the fee agreement was authorized on or after 22nd June 2009
- $7,200 if the fee agreement was authorized on or after 30th November 2022
So, how much can an attorney get for social security cases?
Whichever is lower than 25% of your past-due payments or the sum stated above will be the maximum legal fee for a Social Security Disability claim.
In addition, the claimant, the claimant’s guardian, and the lawyer must sign the agreement and file it before the SSA can make a favorable judgment.
Exceptions to the Lawyer Fee Agreement for Social Security Disability Cases
If the charges in a fee agreement go beyond the statutory limit or causes inequity for the claimant or their counsel, the SSA may disapprove it. Notably, the following circumstances might not pass the approval stage:
- The SSD benefits applicant retains the services of multiple lawyers without getting each of them to sign the fee agreement before the SSA renders a favorable verdict. (You are allowed to use a “sing fee agreement,” which applies to all of your counsels; however, each has to sign it, and you are required to update it if you appoint any new counsel after sending it.)
- A lawyer retracts from the case, or the applicant stops working with them before the SSA issues a favorable ruling, but the lawyer did not relinquish their right to demand legal fees.
- The attorney passes away before the SSA renders a favorable judgment.
- A state court renders the claimant legally incompetent.
Legal Services A Social Security Disability Attorney Offers
Social security disability attorneys represent their clients throughout the appeals process. A disability lawyer can:
- Help you file your initial social security disability claim.
- Answer your inquiries, provide updates on your case status, and explain what is happening.
- Consult your doctors to obtain additional evidence for the decision review procedure.
- Guide you on the appropriate action to take at any time.
- Represent you during the appeals process, which involves conferences with different Judges and perhaps submitting more documentation per the SSA.
By hiring a Social Security Disability attorney, you may concentrate on your well-being and recovery while they take care of the decision-review procedure.
Types of Social Security Disability Benefits You can Apply for
You may find out the benefits you could be eligible for with the help of a Social Security Disability attorney. Generally, you may qualify for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).
SSDI benefits are available to claimants who have paid Social Security income taxes and earned a particular number of work credits.
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The SSI program offers monthly benefits to eligible applicants who:
- Are visually impaired
- Are at least 65 years old.
- Have a qualifying disability
- Earn an income that is below the predetermined threshold.
Appealing a Denial of Social Security Disability Benefits
Your lawyer can guide you through each step of appealing a denied case. These are the four steps:
Request for Reconsideration
If the SSA denies your Social Security Disability claim, your disability attorney can contest the decision by sending a request for reconsideration to the Disability Determination Bureau.
Here, a new claims examiner will take up your claim, and you will receive the verdict in three months.
Your disability attorney may ask for a hearing in front of an administrative law judge if the request for reconsideration is still declined (most submissions are declined).
You and your lawyer will have the opportunity to talk with the person determining your eligibility for benefits. Your attorney will avail additional documentation and evidence to support your case.
The Appeals Council’s Review
If the disability judge fails to rule in your favor, your claim may be denied.
However, your attorney can still request the Appeals Council to review your claim. They will consider decisions made at previous levels to check for errors made during decision-making.
The Federal Court’s Review
Your attorney will not tire if the Appeals council upholds former decisions or refuses to review your case. They may present your case to the federal court for a final review.
However, your chances of success at this stage are minimal. That’s why it is crucial to retain legal counsel at the initial stages of the disability application and appeals processes.
Each stage of the appeals process involves numerous paperwork and preparation, and your disability attorney can take care of it on your behalf.
Speak to a Disability Attorney Today
Having a legal representative is the only way to increase the chances of approval of your social security disability claim.
So, why risk hiring an inexperienced attorney? At Legal Giant, we can link you with experienced disability attorneys in your state to represent you from the beginning to the end.
Our partner attorneys have decades of experience handling disability cases and will do everything to get you the benefits you need.
Contact us at 833-641-1650 for a free case evaluation.