how to find a lawyer to get my social security income?

You have endless sources for finding an SSD lawyer. Here are a few places you can begin your search: The Online Yellow Pages; Search engines;

Full Answer

How do I choose a social security lawyer?

Usually, a disability advocate or attorney receives 25 percent of your disability backpay – up to a maximum of $6,000.If you have a disability or severe ailment and you think you will be out of work for at least 12 months, get a free case evaluation today. When your claim is approved, you will receive backpay.

How do social security attorneys get paid?

Find a local Social Security attorney in your state. Our client reviews, law firm profiles, and live chat make it easy to find the best Social Security lawyer for you.

How can a lawyer help me with my SSDI or SSI claim?

These lawyers can also offer help with Social Security Retirement and Survivors Benefits claims. While it is helpful to hire an Social Security attorney to help apply for disability benefits, a lawyer is most valuable when your disability claim has been denied. At this point, the attorney can help you navigate the disability appeals process ...

Do I need a lawyer for a social security overpayment?

Usually, a disability attorney will enter into a fee agreement with you to take 25% of your disability backpay or $6,000, whichever is less. Then, when the case is over, if you have won, Social Security forwards the attorney's fee to your attorney. The problem with overpayment cases is that when you win an overpayment case, there is no backpay ...

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How Disability Attorneys Get Paid

There are two ways for Social Security attorneys to get paid: fee agreements and fee petitions. Fee petitions are used for overpayment cases.

Retainer Fees For Overpayment Cases

When attorneys take Social Security overpayment cases, they will almost always ask you to pay a retainer fee upfront before they will start work. A...

Should You Hire An Attorney For An Overpayment Case?

An attorney can help you by filing an overpayment waiver request, appealing the denial of a waiver request, or negotiating a repayment plan.But eve...

How to Find An Attorney Who Will Take An Overpayment Case

If an attorney represented you at an earlier stage in your disability case, you should consider contacting that person to see if he or she can help...

Do disability attorneys get paid?

Disability attorneys and advocates take cases on the contingency basis. This means that your advocate or lawyer isn ’t paid until your claim is approved and you get disability benefits.

What happens if you get denied Social Security?

When your initial claim for Social Security disability is denied you will have to go through an appeal process. People who have legal representation at this stage are often more successful in being approved for benefits than those who decide to go on and represent themselves.

How long does a disability last?

To receive disability, the condition must be expected to last a year or longer or it must be expected to culminate in your death. Disability claims can be complicated, and the odds of having a claim approved aren’t always in the favor of the disabled worker. Those who have a disability advocate or a Social Security Disability attorney representing ...

How long does it take to get backpay?

You cannot receive backpay for more than 12 months before your application date minus the five-month waiting period. However, it can often take several months to have a disability claim approved and those months are added into the count for backpay.

What to do if you are unable to work?

If you are unable to work and are seeking disability benefits, there are many ways that a lawyer can help your claim. First off, the key to a successful case is hard medical evidence and other supporting documentation that proves your condition is so limiting you are unable to work.

How many claims are denied after first review?

Most claims – actually about three-fourths of them nationwide – are denied when first reviewed. After the claim is denied, you will file a request for reconsideration. Upon the reconsideration review, very few claims are approved.

What happens if a claim is denied?

After the claim is denied, you will file a request for reconsideration. Upon the reconsideration review, very few claims are approved. After the second denial, you can request a hearing before an administrative law judge.

What happens if you lose your Social Security case?

That is, if you lose your case, you will owe your attorney $3,000 in fees (if Social Security approves the request), and you will still owe the overpayment. On the other hand, if Social Security says you owe a $160,000 overpayment, and your attorney will charge you a $3,000 retainer to begin working on it, then you might decide ...

Can a disability attorney take overpayment cases?

If you are looking for an attorney to represent you in your Social Security overpayment case, you will find that many disability attorneys do not take overpayment cases. The reason has to do with Social Security's rules about how attorneys get paid.

What is legal aid?

Legal Aid attorneys work for non-profit law firms whose goal is to provide free legal advice and representation to low-income individuals in civil cases. (A civil case is any kind of case that does not involve a crime. Disability cases are civil cases.) Legal Aid attorneys may be more likely to take overpayment cases than some disability lawyers, ...

What is retainer fee?

A retainer represents an estimate of the number of hours it might take the attorney to work on your case. For example, if an attorney thought it would take him 15 hours to handle your overpayment case, and his usual rate is $200 per hour, then he might decide to charge you a $3,000 retainer fee before beginning work on your case (15 hours x $200).

What is attorney-client privilege?

Attorney-client privilege laws ensure anything you tell your lawyer remains confidential; Attorneys have more years of education and more thorough training; and. Attorneys can appeal your claim to an even higher court if the need arises. Non-attorney advocates have no standing beyond the Social Security system.

What is a non-attorney advocate?

This is a person who has not been to law school or passed the bar exam, but is legally qualified to represent you at a Social Security disability hearing. The requirements for becoming a non-attorney advocate are as follows:

How old do you have to be to receive Social Security?

This could include: Children up to the age of 18, or up to 19 if they are a full time student not graduated from high school.

What is the SSA?

Earnings: The Social Security Administration, or “SSA,” averages a person’s earnings over the course of their career in order to determine what they will be entitled to. The size of their retirement benefits depends on how much they earned while working, as previously discussed.

What is Social Security tax?

Over the course of a person’s employment, they pay a portion or percentage of their regular income to the government. These payments are known as Social Security taxes, and are then issued on a monthly basis after retirement or a qualifying disability.

What age can a spouse be disabled?

Spouses under the age of 62 who are caring for your disabled child; Former spouses aged 62 or older, if they meet specific qualifications; Disabled children, even if they are over the age of 18; and. Children up to the age of 18, or up to 19 if they are a full time student not graduated from high school.

What is ERISA law?

The Employee Retirement Income Security Act, or “ ERISA ,” is a federal law which sets standards and regulations of protection for people that are in private sector company retirement plans. ERISA provides protections for eligibility guidelines, management of funds, and wrongful termination.

What is required by ERISA?

ERISA requires that set plans provide employees with accurate plan information and important facts regarding: Plan features and funding; Minimum standards for participation; Vesting; Benefit Accrual; Management and control features; Claims and appeals process for participants; and. Right to sue for breach of benefits.

What is retirement benefit?

Retirement benefits refer to a financial security setup intended to support a person once they have left the workforce. Social security is the government program that provides financial support to the elderly, disabled, and retired populations. Social security benefits make up a large part of most people’s retirement plans.

What does an attorney do for a disability?

An attorney representing you will assist you with the application, and when presenting the case, they can focus on the factors of the disability that support your need for compensation. In addition, the attorney will make sure that you have all of the current medical information that supports your disability claim, ...

When did Social Security start?

Social Security is a program that was started in 1935 to provide income for the elderly when they reached the age of retirement and were no longer in the workforce. Up until 1935, most of those not working due to their age had to use individual savings, state or local programs, or assistance from family members.

Do disability lawyers get paid?

This is because attorneys who help disability claimants work on a contingency basis, meaning that they only get paid for their work if they win your case. In addition, fees paid to disability lawyers are approved by Social Security and are limited to certain amounts.

Do disability attorneys have to pay up front?

Disability attorneys do not require their fees to be paid up front. Instead, they collect a maximum of 25% of your retroactive benefits ( backpay) or $6,000, whichever is less. Social Security pays your attorney directly out of your backpay award.

When did legal aid stop?

Many legal aid offices stopped providing representation for Social Security disability claims after a rule change in 2005 that required the Social Security Administration to pay lawyer fees in SSI cases directly to the attorney.

How to find a disability attorney

There are thousands of attorneys and professional advocates across the U.S. with expertise in Social Security disability. Some advocates formerly worked for the SSA, as disability examiners or claims representatives.

How much does it cost?

Most disability lawyers and advocates work on a contingency basis, meaning they only get paid if your claim is approved. Any fee agreement between you and your representative must be authorized by Social Security.