Can I afford a Social Security Disability Attorney?

Since I began my practice of law people have continually asked me how can a disabled person on limited or no income afford an attorney to appeal their Social Security disability case. If they have no income, how can they pay the attorney fees? More importantly, if you are thinking about hiring an attorney to fight the government, YOU CANNOT AFFORD NOT TO HIRE AN ATTORNEY to represent you.

Unknown to most, Social Security cases are paid on a contingency basis, which means that the attorney can only collect a fee when you are successful in winning your case. The logic suggests that if you are not succesful, you owe the attorney nothing. The logic serves to be true. In Social Security disability cases the Federal Government sets the amount an attorney can charge for their services in represeting a claimant. Currenty this amount is 25% of the claimant's owed back benefit or $5,300, which ever is the least amount. Back benefits are those benefits the claimant is owed since the time of their alleged disability onset to the time Social Security makes a favorable decision in their case.

For example, if a person is expected to draw $810 in a disability benefit, as determined by the Social Security Administration, and they become disabled on May 1, 2005 their application for benefits will need to reflect this alleged onset date. After several appeals, the SOcial Security Administration determines they are eligible for benefits and have met the disability requirements on May 1, 2008. The claimants back benefit will be roughly $29,000. The attorney will receive $5,300 because 25% would be roughly $7,000 and the fee is limited to $5,300 leaving around $24,000 to be paid to the claimant.

The wonderful aspect of this fee agreement is that the Administation will send the attorney's fee directly to the attorney, therefore saving the attorney the time and money to collect from the client, and the client does not have to worry about paying the attorney.

In short, a good and experienced Social Security attorney is very beneficial to the claimant. The rules and regulations are very difficult and the system and claimant is served by the hiring of an attorney.