Best Practices for Social Security Disability Representatives
Social Security has a great overview site for new Social Security disability representatives (both lawyers and non-lawyers) going over best practices before the Social Security Administration.
Here are some good tips:
Timely submit the form ssa-1696 and fee agreement.
Timely alert the hearing office of any change of address or phone number for either yourself or the claimant.
Do not submit duplicative evidence.
Submit evidence as far in advance of the hearing as possible, using electronic records express.
Before faxing evidence, check to ensure the evidence you are submitting matches the claimant.
Make sure the barcode is the first item faxed in order to ensure proper identification of all …
Maximum attorney fees in Social Security disability cases
What is the most a lawyer can charge in a Social Security case?
We have talked about the typical fee agreement when you are applying for Social Security disability benefits before. But I am often asked what is maximum someone can charge?
Social Security regulations set a cap for attorneys fees. Originally, the fee cap was $4,000, then $5,300, and as of June 2009, the cap is $6,000.
Unless the representative is charging fees under a fee petition, the most the lawyer can charge is 6,000. Or, if you are reading this before June 2009, $5,300.
For …
What is a fee petition?
A “fee petition” is a way your lawyer asks Social Security for fees for his services.
I though attorneys were paid a percentage of what I get?
Percentage-based contingency fee agreements are the most common way attorneys get paid in Slocial Security cases. However there are two ways an attorney might get paid.
Fee agreements based on a percentage of back benefits:
If you win, the attorney gets 25% of your back benefits up to a $6,000 cap (this is an increase from the $5,300 cap in effect before June 2009). The 25% or $6,000 is …
Lawyers’ secret gold-mine
Meet the most expensive “associate” in most law firms. More expensive than a regular lawyer. More expensive than the named partner. It’s … the photocopier.
I was recently reviewing the charges for a one of my clients who was previously represented by a national law firm. Do you know how much they were charging for copies? .35 cents a page!
That’s not all! Here is their price sheet:
The Social Security “User Fee”
I have previously written about how Social Security (usually) pays your lawyer directly if you win your Social Security disability case.
But did you know that Social Security charges to do this. The Florida Social Security Disability Blog (in my old stomping grounds of Ocala and Gainesville), discusses the Social Security “user fee.”
The Social Security Act requires SSA to charge an assessment or “user fee” to a representative who receives all or part of his or her fee through direct payment from SSA. …
Need a Social Security lawyer? Don’t wait until the last minute!
Pop Quiz: Do you save money by waiting to hire a lawyer/attorney until your hearing is scheduled?
Answer: No.
In a normal Social Security contingency fee agreement, you pay the same amount whether you hire an attorney a year before the hearing, or a week before the hearing.
Most Social Security disability cases are taken on a contingency fee agreement: 25% of the back benefits up to a $5,300 $6,000 cap. The new $6,000 cap goes into effect in June 2009. …
Should you fire your Social Security lawyer?
Social Security lawyer Jonathan Ginsgerg has a great article about when NOT to fire your attorney and some of the unexpected consequences of kicking your lawyer to the curb!
A good point Jonathan brings up is that you may have a hard time finding a new lawyer willing to take your case:
Many lawyers are reluctant to accept cases where there has been a previous representation. Ethical, experienced lawyers do not want to get a reputation as “case stealers.
There is a second reason why lawyers are reluctant to take on a case that was previously the responsibility of another lawyer. Fees. … f more than one lawyer has filed an entry of appearance … oth the new lawyer and the old lawyer will be asked to file a Fee Petition…
In my office, I rarely take on cases where there has been another lawyer unless that lawyer is willing to waive his fees (in which case I could use a Fee Agreement). Fee Petitions are time consuming and, in my opinion, they also do not reflect the value of a good lawyer’s services.
I have been the second, or even the third Social Security lawyer for some of my Colorado clients. As Jonathan says, having to do a fee petition adds a lot of time to a case. But, when I believe in a case, I will do it for my client.
Also, Jonathan cautions that if you are thinking of firing your attorney, make sure you do not do it for something the lawyer has no control over. For example: how long it takes to get your case decided.
Delays in Social Security cases are not the lawyer’s fault and there is little, if anything that the lawyer can do about the delays. The delays in Social Security disability cases are a function of the number of claims filed in your area.
In general, if you are not happy with how things are going on your Social Security case, talk to your attorney. Let him or her know what is bothering you. Any good attorney should be willing to sit down with you (and your family) and discuss your concerns, frustrations and complaints.
Give your lawyer a chance to respond and make some changes.
ON THE OTHER HAND, I believe most people know if their lawyer is doing a good job for them or not. Have any of these things happened to you?
I need help on my Social Security disability case, but I don’t want to be ripped off!
One of the hardest parts about getting help on a Social Security case is finding the right person to work with.
What if i hire a lawyer and they don’t do anything?
What if I am not happy with the lawyer?
I don’t want to be stuck with a big bill.
Fortunately, Social Security takes a lot of the worry out of hiring a lawyer.
How much can a lawyer charge for fees on a Social Security case?
Social Security fee agreements take one of two forms:
Contingency based: If you win, the attorney gets 25% of your back benefits up to a $5,300 $6,000 cap. The “25% or $6,000″ fee agreement is a standard fee agreement that Social Security will almost always approve if the case is won and results in back benefits.
Fee Petition. This is the wild west of fee agreements. The representative has to itemize his or her time and ask Social Security to be paid a certain amount. Social Security will approve whatever fees it sees fit, which may be more or less than $6,000.
2009 UPDATE: As of June 2009, the fee cap is increased to $6,000 from $5,300.
If an attorney asks you to sign a fee agreement that is not either for a 25% contingency, or based on a fee petition, watch out!
Overpayments: finding an attorney to help you
I have tried to give you as much information as I can about Social Security overpayment / repayment cases, because the chances of finding an attorney to work with you are not very good.
Many Social Security attorneys get paid out of the back benefits they win for the client (typically 25% up to a cap of $5,300.00 $6,000 as of June 2009). But, when you have an overpayment case, the best outcome is you will owe $0.00. 25% of $0.00 is $0.00.
In other words, there is nothing for the attorney to take a percentage of, if they win. If you want legal help on an overpayment case you will probably have to pay some money up front. This may be between $1,000 and $3,000 depending on the complexity of the case. While my office does handle Social Security overpayment cases, they make up a small part of my Social Security practice because most people cannot afford the retainer.
Also, many attorneys do not take overpayment cases because of the extra requirement of petitioning Social Security to approve fees. This takes extra time, beyond the time spent proving the case, just to try to get paid.
Is it worth hiring an attorney on an overpayment case?
Whether paying the retainer is worthwhile for you will depend on how much money you owe Social Security.
Can you afford a Social Security disability lawyer?
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:
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 successful, you owe the attorney nothing 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 $6,000. 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 completed — a year or more later?
What if no one would help you on your Social Security case?
You 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 …
