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FAQ About Attorney Fees

Common Questions

Q. What Are Our Fees?

A. The United States sets our fees for disability representation. Our Fee Agreement is based on the
SSA rules and at the present time the rule is:

  1. Whichever is less of the following:
    1. Twenty-five percent (25%) of the past due benefits, or
    2. Seven Thousand Two Hundred Dollars ($7,200), the amount currently set by the Commissioner of Social
      Security pursuant to 42 USC § 406(a). “I agree that the attorney fee will be the lesser of 25% of all past-
      due benefits awarded to my family and me, or the dollar amount established pursuant to 42 U.S.C. §
      406(a)(2)(A), which is currently $7,200, but which may be increased from time to time by the
      Commissioner of Social Security.”

Q. Do I Need to Pay out of Pocket?

A. As stated in our fee agreement I agree to reimburse my attorney for reasonable expenses that are incurred on my behalf for my case, including [but not limited to] photocopying or purchasing copies of medical records and reports but I do not pay out of pocket until the conclusion of my case.

Q. If I Do Not Get Benefits Do You Get Paid?

A. If my office does not win your case, we do not receive any fee..

Q. Do I Have to Pay Any Money up Front?

A. No.

Q.Is It Just a One Time Fee or Do I Get Charged from My Monthly Benefit Too?

A. It is a one time fee only.

Q.Do I Have to Pay for the Consultation?

A. There is no fee for the consultation.

Q.How Do I Pay You?

A. Social Security will calculate the amount of our fee based on the amount of your retroactive benefits, deduct the amount from your back pay, and pay the attorney directly.

Q.I Have Not Been Denied yet but If I Retain Your Office and Get Approved Will You Still Be Entitled to an Attorney Fee?

A. Yes

Q.How Far Back Does Social Security Award Backpay?

A. For social security disability, the maximum back pay is one year prior to your approved onset date, based on certain regulations. Also, there can be a 5 month waiting period.

SSI is retroactive to the first full month after the date of your application.

Q.If I Started the Disability Process on My Own Is the Attorney Fee Less?

A. No. The fee is 25% or $7,200 of your retroactive award, whichever is less, for any amount of work or time we spend on your case. The fee is set by the government and approved by the judge who decides your case.