An Appealing Way To Pay: How Your Social Security Attorney Gets Paid
The financial difficulties that can follow being unable to work because of a medical condition can be devastating and can only add to the misery of dealing with your illness. If you have been turned down by the Social Security Administration (SSA) for benefits, you may need to consider filing an appeal. You should know that you can increase your chances of winning your case on appeal if you are represented by an attorney. While it can be expensive to hire an attorney, the SSA has made it possible for people who cannot afford to pay an upfront fee to still have legal representation. Read on to learn more about how your Social Security attorney gets paid.
Contingency Fee Arrangements
You have likely seen advertisements for law firms proclaiming that you don't owe a fee unless they win your case. These fee arrangements, also very common with personal injury claims, allow the attorneys to take a percentage of the money that is either owed to you from the SSA or from the losing side of a lawsuit or settlement. For Social Security Disability cases, the contingency fee arrangement depends on the presence of any back pay that you may be owed by the SSA.
Social Security Back Pay
The amount of back pay owed depends on several factors, such as your application date and the date that the SSA decides is your true date of disability. You may be eligible to receive back pay for up to a year prior to the time of application, if you can show that you were unable to work due to a qualifying medical condition during that time. Since the Social Security application, approval and appeal process can be quite lengthy, back pay can be a considerable sum of much-needed money.
Social Security Attorney Fee Approvals
The SSA controls the percentages and dollar amounts that can be charged by your attorney, and any fee agreement you and your attorney agree upon must be approved by the SSA. Fee agreements must abide by the following guidelines:
- The amount of the fee has a cap of $6000.00.
- The amount of the fee must not exceed 25% of back pay.
- There is no fee owed unless back pay is awarded to the claimant.
It should be noted that you and your attorney can agree to a lesser fee amount, as long as it does not exceed the guidelines.
Other Legal Costs
The fee agreement is meant to cover the cost of the attorney's time, which can be worth a great deal of money. Attorneys are also allowed to charge some miscellaneous fees for office and administration issues, such as copying and mailing fees. These fees will be outlined in the fee agreement, so pay careful attention to it before signing. Keep in mind that the SSA will only approve a fee agreement that is in line with their guidelines, and this includes the miscellaneous charges. It's important to understand that these fees will be due even if you lose your claim on appeal.
It should be comforting to know that you can utilize the valuable services of a legal professional in an affordable manner. Contact a Social Security attorney like Michael P Boyle today for help with your appeal.