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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

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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

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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

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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

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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

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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

 
Old 08-23-2011, 07:55 AM   #16
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Re: Atty fee's

Quote:
Originally Posted by Dogcrazie3 View Post
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
Make no mistake, the lawyers and disability advocates are doing this to make money 1st and foremost. They work hard to get you approved because they don't make any money unless they can get you approved. These are businesses and businesses only survive and thrive when they can make a profit. Most will not take you on as a client if they think you have a poor chance @ winning. They are not making a personal decision if they decide to not take your case, they are simply making a good business decision from their perspective and you can't blame them.

 
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Old 08-23-2011, 08:55 AM   #17
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Re: Atty fee's

Thank you so much BlueSkies,
I feel so much better now knowing that she took my case as she thinks I have a good chance of winning this battle. And I KNOW its going to be a tough battle but I would never be able to do this myself. It
took everything out of me just applying !!. I Love this board, it has taught me so much more than I ever knew about the process even though I am in Canada. So I thank everyone & hope we all win this fight for what we deserve. I will keep you all posted with any updates that may help you sometime. The only reason I got an attty was because of all of you keep saying, DONT GIVE UP !!!! and it gave me the couage to continue
So NEVER EVER GIVE UP !!!!

Kim

 
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Old 08-23-2011, 10:01 AM   #18
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Re: Atty fee's

your right this board gives alot of very informative info things you wouldnt even think about .or just a place to vent or to say hello.and dont give up

 
Old 08-23-2011, 10:14 AM   #19
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Re: Atty fee's

Quote:
Originally Posted by Dogcrazie3 View Post
Thank you so much BlueSkies,
I feel so much better now knowing that she took my case as she thinks I have a good chance of winning this battle. And I KNOW its going to be a tough battle but I would never be able to do this myself. It
took everything out of me just applying !!. I Love this board, it has taught me so much more than I ever knew about the process even though I am in Canada. So I thank everyone & hope we all win this fight for what we deserve. I will keep you all posted with any updates that may help you sometime. The only reason I got an attty was because of all of you keep saying, DONT GIVE UP !!!! and it gave me the couage to continue
So NEVER EVER GIVE UP !!!!

Kim
After having gone thru the process Kim and being approved myself, I don't think my chances would have been nearly as good had I gone it alone. They don't do a lot more than you could do yourself during the initial application or much more during the reconsideration phase IMHO. These folks really earn their keep during level 3 when they gather your medical records to review and ask treating docs to write narratives on your behalf. They can often present your case in the most favorable light at this level....much better than most ppl can do themselves. After reading my approval letter and carefully watching the process unfold, I now see why they say it is advisable to use a lawyer/advocate. They make sure all appeals are done before any deadlines and they followup. This gives you peace of mind and takes away most of the stress involved during this process. The approval fee they charge is money well spent. I will say get them involved early on at level 2. This makes them more prepared if you reach level 3 and beyond. At level one if you wanna go it alone, that is ok I think. Many lawyers will not take you on as a client anyway until you have been denied @ level one. Good luck Kim. Just stick with it...you will prevail in the end.

 
Old 08-23-2011, 10:22 AM   #20
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Re: Atty fee's

Quote:
Originally Posted by edrivera61 View Post
your right this board gives alot of very informative info things you wouldnt even think about .or just a place to vent or to say hello.and dont give up
Yes this board is very helpful now with that said a lawyer who tell you that you have a good case can't promise you that you will win remember that every alj is different and Remember that the approval rate at the alj level is only 62%.

 
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