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Missy
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 25, 2001 - 11:36 am: | 
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Hello, I have recieved my award letter for both SSI and SSDI. I had an attorney. I recieved my itemized bill from my attornies office and it was very fair. I also signed and agreed to the 25% of backpay fee. Still very fair. However, my attorneys letter stated that the backpay on the SSI portion would not be held out by SSA, I would have to come in and pay them and additional 25% on the SSI back payments. This I am confused about. I was under the understanding from the start SSI backpayments were not something I would have to pay them for. Was I just mistaken? Must I pay 25% for SSDI AND 25% more for SSI? Plus expenses? Thank you in Advance for your assistance.
Sincerely,
M |
Paul
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, March 27, 2001 - 7:25 am: |
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I cannot tell you what you owe your attorney. It depends on what the contract between you says and on what the Administration approves.
I can tell you that I charge, and most attorneys charge, 25% of the whole amount of back benefits, including SSI and Social Security, and the costs. In some cases, 100% percent of the back pay comes as SSI, and if you did not pay the attorney that, he or she would get nothing.
I can tell you that the Administration does not hold back any of the SSI fee, and it is necessary for attorneys to get their clients to pay that to them. |
Peter S. Young
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, March 29, 2001 - 6:17 am: |
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Missy: It is also important to understand that you owe a SINGLE attorney fee. It is based on overlapping services in your Social Security claim and your SSI claim. When your back benefits are paid, Social Security will not pay you double benefits (Social Security and SSI). Your payment under one program will reduce your back payment under the other program. This is called the windfall offset. That is why your attorney fee is based on 25% of your "net" back benefit under both programs.
Whatever your total fee turns out to be, part of it will be paid directly to your attorney under the Social Security program. Then, for any balance of your fee still owed, your direct payment to the attorney from the SSI lump sum is necessary, since the SSI program lacks the mechanism to pay the attorney directly.
Also note this: When your back payment of SSI is figured to take your back Social Security into account, there is an attorney fee credit: Your Social Security "income" used to compute your back SSI for any month is reduced by the "cost" of obtaining the Social Security: a share of your attorney fee for the month in question. So, before your case closes, ask your attorney about the "attorney fee credit against windfall offset." It is supposed to be automatic at Social Security, but it is worth checking to be sure it happened. |
sue sedesse
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, November 30, 2002 - 6:37 am: |
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HI!
I was awarded SSD, it didn't start till this month 11/02, my first check is in Dec., however I started requesting benefits in June 2002. There is no back benefits. My question is my agreement with my attorney says he gets 25% of back pay and I am also responsable for costs. He sent SS a bill for $975.00, to be taken out of my first check. Which is about that much. Can he do this? SSD sent me a form to fill out to see if I agree, well I don't that is because my contract says only on back pay. What do I do? Also if the attorney is awarded this do I still owe him money for costs? Thank-you Sue |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, December 02, 2002 - 6:05 am: |
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I do not deliberately answer questions for people who already have attorneys. I hope you understand; I just want to stay out of trouble. Take care. |
Karen Bradford-Sigler
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, December 26, 2002 - 2:34 pm: |
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State of Idaho. My husband has applied for SSI in Aug 2001. He has been denied 2x's already and he is on the third appeal. We have decided to hire an attorney to represent him for this appeal but we are not sure of the fees involved. I believe there is a cap on the amount they (attorneys) can legally receive, but I am not sure what it is. If you cannot answer this, please give me some direction on where to go. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, February 25, 2003 - 7:57 pm: |
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Karen, most attorneys will give you a fee contract. The most important limitation of the fee is that he or she cannot charge more than it says in that contract. You are free to negotiate whatever contract the two of you can agree on.
If neither you nor the attorney object, and the contract calls for it, the Administration will usually automatically approve a fee if the contract is limited to a fee of 25% of the back benefits or $5,300 (as of 2002), whichever is lesser. Many people will tell you that is the top fee that can be charged, but that is not so. Another common limit is 25% or $7,000, or a plain 25%. $7,000 is the most the local ALJ can approve, again as of 2002, but the attorney can petition for more than that, in which case the petition is reviewed by the Regional ALJ.
Fees of more than $7,000 are uncommon unless the case has gone to Federal Court or the Appeals Council, there have been several hearings, etc. But they are not prohibited.
If the agreement calls for it, and the decisionmaker reviews and approves it, an attorney can charge a higher amount than the 25% for work before the Administration; you are at least theoretically protected by the review of the decisionmaker. This is appropriate in cases involving short back time, no back time, overpayment, and other cases where 25% of the back time would be $0.00.
There is a 25% limit on how much the Administration can withhold from a back time check.
If the case goes to court, it is more complicated. But you are still protected by the terms of the contract. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, February 12, 2005 - 12:22 pm: |
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Are attorneys fees for representing someone in a hearing for disability considered tax deductible? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1018
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, February 19, 2005 - 8:23 pm: |
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Uh, I am not a great tax expert. Better check with an accountant or tax lawyer. Sorry. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, March 01, 2005 - 10:18 am: |
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Is it advisable to get an attorney to view one's initial application for SSDI before submitting it?
Does alimony count as earned income by the SSDI administration when determining whether or not someone makes too much to receive their check?
I understand that a person on disability can earn a limited amount of income.
Do you recommend that a person put any assets in a trust fund when they are disabled and do not have health insurance? The thought is that this would protect them from being sued if they acquire large medical bills in the period they are searching for an insurance company that would insure them and waiting for their claim to be accepted. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1029
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, March 05, 2005 - 9:13 am: |
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Q. Is it advisable to get an attorney to view one's initial application for SSDI before submitting it?
A. It would do not harm, though there is rarely anything in the application that can hurt you much. However, an attorney can give you advice about what to do in order to have the best chance of winning your case, and that is important.
Q. Does alimony count as earned income by the SSDI administration when determining whether or not someone makes too much to receive their check?
A. For SSI, but not for DIB, they consider most sources of income in deciding whether you can get a check. Alimony counts as unearned income for that purpose.
Q. I understand that a person on disability can earn a limited amount of income.
A. That is correct, but the amount needs to be more limited than most people think, and sort of needs to be erratic. There is more about this subject elsewhere on this site.
Q. Do you recommend that a person put any assets in a trust fund when they are disabled and do not have health insurance? The thought is that this would protect them from being sued if they acquire large medical bills in the period they are searching for an insurance company that would insure them and waiting for their claim to be accepted.
A. This is a complex subject that beyond my area of expertise, and so important that I do not want to guess and mislead someone. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, May 20, 2006 - 4:23 pm: |
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I'm at the appeal level to see a judge for SSDI and my attorney's contract asks for reasonable expenses (medical records and reports, travel expenses and the like) above the attorney's fee, whether we win or lose. Is this normal? (The fee is the normal 25% only if we win.) I haven't signed the contract yet. |
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