Archive for the tag 'Attorney Fees'

“Can You Afford a Social Security Disability Attorney”

Tomasz Stasiuk May 15th, 2008

Bite bite here.bite bite there...Nate Craig of Truth of the Matter Asserted has a great article on how easy Social Security makes it for you to hire and pay for an attorney in a Social Security case:

Social Security cases are paid on a contingency basis, which means that the attorney can only collect a fee when you are successful in winning your case. … Currently this amount is 25% of the claimant’s owed back benefit or $5,300, which ever is the least amount. … If you are not succesful, you owe the attorney nothing [and Social Security] will send the attorney’s fee directly to the attorney…

In my opinion, this is a great deal. Of course, you can take that with a grain of salt, since I make my living representing people on disability claims in Colorado.

If you win, you pay 25%  of whatever back benefits you are owed. And, the attorney’s fees are capped at $5,300.   If you do not win, you pay nothing — other than the attorney’s expenses in developing your case (usually between $100 and $200).   Basically, you are simply reimbursing the attorney for any money the attorney spends in building your case. However, you are not paying the attorney for his or her time unless you win.

Can you imagine only paying a doctor if he makes you better, or only paying a mechanic if the squeak or rumble goes away?   And then, you only pay after  all the work has been completeda year or more later?  

That is the deal you get when you hire a Social Security attorney! The attorney invests his or her time in developing your case in the hope that he or she can win your case, and gets paid by Social Security out of the back benefits that you win.

In exchange, you get the help of someone who specializes in Social Security cases.   This may be your first case, or you may have applied several times.  But, wouldn’t you like to have the help of someone who has done hundreds of cases to be there beside you, guiding and helping you

Read the rest of Nate’s article here.

Creative Commons License photo credit: jeanbowe

What If No One Would Help You?

Tomasz Stasiuk January 30th, 2008

Тhe oneYou call one attorney looking for help on a Social Security problem.

I can’t help you.

You call another attorney.

We aren’t taking any new Social Security cases.

You make one more call.

We don’t do Social Security cases anymore.

You may soon not be able to find an attorney to take a Social Security case. Why? Social Security is dropping the ball on processing a form which allows attorneys to be paid. And if attorneys cannot get paid for their work helping people with Social Security problem, they won’t be able to keep taking Social Security cases.

Social Security disability attorneys typically work on the standard Social Security fee agreement: 25% of back benefits, up to a $5,300.00 cap. If they lose, they do not get paid. Social Security pays the fees directly to the attorney. As a client, the only thing you may need to pay, are expenses related to the case such as the cost of medical records.

Beginning in 2007, Social Security required attorney’s who want to be paid by Social Security if they win to file a new form: SSA-1695 Identifying Information for Possible Direct Payment of Authorized Fees. Without this form, Social Security will not pay the attorney.

Here is the problem: Social Security is not processing the 1695 forms attorneys send in. This means the attorneys cannot be paid by Social Security.

The National Organization of Social Security Claimant’s Representatives (NOSSCR) issued a release on January 29, 2008 stating:

.. many district offices are not routinely sending the acknowledgment form, although they should be. …. In other words, because there is no SSA-1695 form on record, your fees will not be withheld.

So, we only get paid if we win, but even if we win, we still may not get paid. You can guess what this will mean for the number of attorneys willing to take Social Security cases.

This can be fixed if the local Social Security offices process the 1695 form by entering the information and sending back an acknowledgment form. But, with many local offices overwhelmed and understaffed, will this really be a priority?

Am I being alarmist? This has happened in other areas of law. Try to find an attorney to handle a Federal Workers’ Compensation case. Or, look at VA cases. Until recently, the most an attorney could charge in a Veterans Administration case was $10, which pretty much guaranteed you could not find an attorney to help you fight the VA.

Creative Commons License photo credit: Arwen Abendstern