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:
How to postpone a Social Security hearing?
Even though it often takes a year or even two years to get your Social Security hearing, you may find that you are not ready when the big day finally comes.
Is there any way to continue, postpone, or delay my Social Security hearing?
Yes. You can request a continuance to postpone your hearing.
Lets look at how to do this.
Making your Social Security claim stand out!
Gordon Gates writes about how he tries to make each case different and memorable when preparing to go to hearing.
I am always concerned that a particular claim will not get the attention it deserves at the hearing level, due to the tremendous workload at the Social Security hearing offices. Each administrative law judge decides several hundred claims every year.
…
I have an upcoming hearing with a client who has an unusual story. The medical evidence is very good, and the claim should be granted at hearing. Nevertheless, I am spending a great deal of time on the claimant’s story…, because it is so unusual. That story will be the hook that draws the judge into the case.
I agree completely!
In my office, I regularly meet with my clients and listen to their stories. Every once in a while I hear something that rings a bell. My eyebrows jump, and I make sure to write down that story in my notes.
Every individual applying for Social Security has had unique experiences related to their disability. It does not have to be anything big. I am not talking about a trip to the ICU.
When should I hire a lawyer?
Here is a frequent question:
When should I hire an attorney to help me on Social Security disability benefits case?
Imagine you are skydiving for the first time. Would you wait until you are in the plane going up for your first jump before asking how to open the parachute?
You may already know that many attorneys will not take a case until the initial application has been denied. But that is not always the case!
You can hire an attorney at any time:
Before you apply. Some attorneys will help you apply and complete all the necessary paperwork and documents, online or offline.
After you apply. After the application is completed and you have a receipt for your application, the attorney helps you gather evidence for Social Security’s initial review of your case.
After the initial denial. This is when most people get an attorney. If you have been denied, the attorney helps you appeal the denial and build up your case for the hearing with an administrative law judge (ALJ).
Once the hearing is scheduled / After the hearing has been continued. CAUTION
After the hearing denial. DANGER
Since I would not recommend learning how to skydive on the way up to your first jump, I believe you should hire a lawyer before steps 4 and 5.
Now that we have covered when you can hire a lawyer, let’s talk about when you should hire a lawyer.
Why can’t I find a lawyer to appeal a hearing denial?
Did you represent yourself at your Social Security disability hearing? If you were denied, you may find it is difficult to find a lawyer to represent you.
Sadly, this is a common problem. It is much harder to hire an attorney after you been denied.
Why?
It all comes down to TIME! You only have 65 day to appeal a hearing denial (5 days to receive the notice, and 60 days to get the appeal to Social Security). Note: the appeal must be received by the deadline. Postmarked by the deadline is not enough.
65 days is not a lot of time for a lawyer to do the following:
Review the hearing decision.
Review the exhibit file.
Review …
Social Security won’t talk to me BECAUSE I have a lawyer!?!
Once you hire an attorney to represent you on your Social Security case, you may find that Social Security does not want to release any more information to you. This is especially true at the Social Security ODAR (Office of Disability Adjudication and Review) offices.
Don’t worry, there is nothing nefarious going on.
It is just a general rule that once you are represented by counsel, all communication goes through your attorney. This prevents Social Security telling you one thing and your attorney being told another, or nothing at all.
However, in my experience representing claimants in Colorado, Social Security will often release information to claimants (people applying for Social Security benefits) if they ask. If you need to know the status of your case, or which Judge your case is assigned to, ODAR will give you this information.
But there is a bigger concern here:
If I have a lawyer, why am I doing all the talking?
The one thing people are most surprised about when they go to a hearing is that the lawyer does not do all of the talking. In fact, it is the claimant (aka “you”) who has to answer the Judge’s questions. I hear a lot of questions and comments about this.
I went to my hearing and my lawyer sat there like a bump on a log.
Why am I paying a lawyer, if I have to answer all of the questions?
What do you mean, I have to talk at the hearing; isn’t that what the lawyer is there for?
Why doesn’t a lawyer speak for you at the hearing?
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. …
Social Security help: small town lawyers vs national law firms
There are times when dealing with a large company is great: buying a car, for example. You do not want to be working with “Joe’s Car Hut.”
But any legal matter, especially a Social Security disability claim, needs a personal touch.
As a lawyer handling Social Security cases in Colorado, I have heard many people who worked with a national firm, tell me that the first time they met their attorney was at the hearing!
That is unacceptable!
Would you get medical treatment by phone?
Would you undergo surgery without ever meeting the doctor?
Of course not!
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?
Denied at hearing? Here’s how to appeal the Judge’s decision to Social Security Appeals Council
If you are denied at your Social Security hearing by the Administrative Law Judge (ALJ), you have the right to appeal the judge’s decision to the Social Security Appeals Council.
To do this, you need to file form HA-520-U5 “Request for Review of Hearing Decision/Order.” You only have 60 + 5 days to get the appeal to the Appeals Council from the date stamped on the judge’s decision (5 days to receive the decision and 60 days to deliver the appeal).
Note: The appeal must be delivered by the 65th day! Unlike filing your taxes, postmarking the letter on the 65th day is not enough. The appeal must be in the Appeal Council’s hands no later than the last day.
There is the possibility of filing late with the Appeal Council’s permission, but that is not something you want to count on.
Here are a couple of things to keep in mind about the appeal.
When should I apply for Social Security disability benefits?
Are you struggling with working because of physical or psychological impairments? Have you stopped working because you just could no longer do the job?
You may be going back and forth on whether to apply for Social Security:
Maybe I will get better. But, what will I do if I am not able to go back to work?
Filing for Social Security benefits is not something to rush in to. But, if you are disabled, you should file as soon as you can.
If you wait, you may lose several critical advantages.
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.
