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Old 08-22-2011, 07:51 AM   #1
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Question Atty fee's

Is there any point (ie more money) for an atty to wait or allow a case to drag on and on - purposely (overlooking) not providing/not asking for updates to medical records from all doctors when the atty knows you're case is coming up?

Can it be the longer the time spent on a case provides more pay out to the atty? I was of the understanding it is $5K-6K maximum from our back pay.

I know I asked something similar before, but I guess I am still not clear on it.


I was talking with my brother in another state who has a friend who is trying to get SSDI and his atty is getting a percentage.. (33%) as tho his case is being handled like a PI/tort case. I thought this was all arranged with SSA/gov on payment - for all states.

 
Old 08-22-2011, 08:31 AM   #2
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Re: Atty fee's

I thought the max. fee ($6,000) was regulated by SS. Perhaps, the percentage can be negotiated but the cap can not be adjusted upward. The cap can be adjusted downward, however. For example, Allsup represented me and my LTD carrier will credit the representation fee back to Allsup with the overpayment back to them. Since they refer a lot of claimants to Allsup, they negotiated the lower cap ($4300). I am not sure why your brother's friend would agree to a 33% percentage. I would have found me another lawyer.

 
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Old 08-22-2011, 08:33 AM   #3
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Re: Atty fee's

Jacki, are you using a lawyer or non-lawyer representative like Allsup, Binder and Binder, etc.

 
Old 08-22-2011, 10:57 AM   #4
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Re: Atty fee's

Quote:
Originally Posted by Jacki345 View Post
Is there any point (ie more money) for an atty to wait or allow a case to drag on and on - purposely (overlooking) not providing/not asking for updates to medical records from all doctors when the atty knows you're case is coming up?

Can it be the longer the time spent on a case provides more pay out to the atty? I was of the understanding it is $5K-6K maximum from our back pay.

I know I asked something similar before, but I guess I am still not clear on it.


I was talking with my brother in another state who has a friend who is trying to get SSDI and his atty is getting a percentage.. (33%) as tho his case is being handled like a PI/tort case. I thought this was all arranged with SSA/gov on payment - for all states.
The fee is caped at 25% of the backpay with a limit of $6,000 it. Is taken out of your backpay and sent directly to your lawyer before the ssa sends you your check. Then the ssa sends you your check and a letter explaining how they figured your lawyers amount.

 
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Old 08-22-2011, 03:28 PM   #5
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Re: Atty fee's

Some lawyer's do charge additional misc. fees for things like the cost involved in obtaining medical records.

 
Old 08-22-2011, 03:35 PM   #6
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Re: Atty fee's

Quote:
Originally Posted by vann04 View Post
The fee is caped at 25% of the backpay with a limit of $6,000 it. Is taken out of your backpay and sent directly to your lawyer before the ssa sends you your check. Then the ssa sends you your check and a letter explaining how they figured your lawyers amount.
A *good* lawyer is the BEST money you will ever spend!

GL

 
Old 08-22-2011, 03:38 PM   #7
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Re: Atty fee's

Quote:
Originally Posted by vann04 View Post
The fee is caped at 25% of the backpay with a limit of $6,000 it. Is taken out of your backpay and sent directly to your lawyer before the ssa sends you your check. Then the ssa sends you your check and a letter explaining how they figured your lawyers amount.
This is true Vann for lawyers but may work a little differently for non lawyer SSDI reps. For example, I will get all my backpay since Allsup is not considered a lawyer. I then have made arrangements to pay Allsup back. The same percentages and max caps apply however my LTD carrier negotiated the $6K cap downward to $4500. That is between my carrier and Allsup w/o any involvement on my part.

 
Old 08-22-2011, 03:41 PM   #8
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Re: Atty fee's

Quote:
Originally Posted by BlueSkies14 View Post
Some lawyer's do charge additional misc. fees for things like the cost involved in obtaining medical records.
Yes they o ask questions and read your agreement before signing it

 
Old 08-22-2011, 03:43 PM   #9
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Re: Atty fee's

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Originally Posted by ferd144 View Post
A *good* lawyer is the BEST money you will ever spend!

GL
I agree ferd144 after having gone through the process and being approved. If you go it alone, do so only at level 1 and possibly level 2 (not advised). It is imperative that everyone uses a lawyer or non lawyer rep at level 3 IMHO if you really wanna increase your chances of winning your claim.

 
Old 08-22-2011, 03:48 PM   #10
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Re: Atty fee's

Quote:
Originally Posted by BlueSkies14 View Post
I agree ferd144 after having gone through the process and being approved. If you go it alone, do so only at level 1 and possibly level 2 (not advised). It is imperative that everyone uses a lawyer or non lawyer rep at level 3 IMHO if you really wanna increase your chances of winning your claim.
Yep it only. Took me a year

Last edited by vann04; 08-22-2011 at 03:49 PM.

 
Old 08-22-2011, 03:54 PM   #11
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Re: Atty fee's

imo i would not even start without an attorney.i think the ss really wants ppl to give up.i just couldnt imagine doing this process alone.the stress with an attorney was bad enough what if i went this by my self.he was with me from the start.he sent me every paper he sent the ss.and i never met him in person everything was done on the phone.

 
Old 08-22-2011, 03:57 PM   #12
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Re: Atty fee's

Quote:
Originally Posted by edrivera61 View Post
imo i would not even start without an attorney.i think the ss really wants ppl to give up.i just couldnt imagine doing this process alone.the stress with an attorney was bad enough what if i went this by my self.he was with me from the start.he sent me every paper he sent the ss.and i never met him in person everything was done on the phone.

 
Old 08-22-2011, 04:02 PM   #13
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Re: Atty fee's

If someone chooses a lawyer or disability advocate they must read the fee agreement carefully. The most SS will pay an atty or disability advocate is 25% of the back pay to max of $6000. If someone signs an agreement for 30% , more than 25%, etc, then that person is making an agreement to pay above and beyond what SS will pay directly to the attorney/disability advocate firm.

There are non-SS lawyers trying to get SS business. In theory they can charge whatever they want. Well experienced disability attorneys/advocacy firms hold themselves to the SS max (or a reduced fee such as can be the case if someone has Long Term Disability and the LTD Ins Co has a fee agreement with an attorney or advocacy group).
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Old 08-22-2011, 04:26 PM   #14
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Re: Atty fee's

Quote:
Originally Posted by vann04 View Post
Yes they o ask questions and read your agreement before signing it
Yeah, I agree. Anyone wanting to charge you more than the max. amt allowed by SS, I would be highly suspicious of. When it comes to money, you had better read everything before you sign anything.

 
Old 08-23-2011, 06:37 AM   #15
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Re: Atty fee's

Hi Everyone

I am in Canada and was denied first time. I just want to know a few things about attys help in the US.
I now have an atty to help me fight this fight with CPP Disability. The way it works here is if I win they get 30 % of my backpay. Since they only get paid if I win, would they not think I had a good case because why would they waste their time and money if they didnt think I could win. My attorney said she is sure I have a good case . So the way it works here does it sound promising that I will succeed. She did say It may take up to a year.

Thanks for any advice
KIM

 
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