how to find out if my lawyer is holding up a disability to try to get more money

How do I find a disability lawyer?

In order to find a disability lawyer, you should gather referrals from a variety of sources and then look at the lawyers’ websites. Before hiring an attorney, be sure to meet for a consultation. Ask friends or family. You can get referrals by asking anyone you know who has used a disability lawyer in the past if they would recommend their attorney.

What if my disability lawyer does not handle my case?

If the lawyer does not handle disability cases like your own, then you should be told that fact. Thank the person for their time and ask if they can recommend a lawyer who does handle cases involving your disability.

Why do I have to pay for a disability lawyer?

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.

How do I find a disability attorney for overpayment cases?

If you handled your own disability claim, you can ask people you trust for referrals to attorneys they have used and liked. You can also locate an attorney by calling different disability attorneys in your community and asking if they take overpayment cases. Once you have a few names, you can meet with attorneys to see whose approach you like best.

How to interview a disability client?

What to do if you don't have a good case?

What factors do lawyers consider when they decide to take a case?

Why do lawyers focus on other factors when taking a case?

What to do if you aren't seeing a doctor?

Can a disability lawyer take your case?

Can a lawyer take a case for fibromyalgia?

See more

About this website

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What is the most a disability lawyer can charge?

$6,000First, the basics: Federal law generally limits the fees charged by Social Security disability attorneys to 25% of your backpay, or $6,000, whichever is lower. Back payments are benefits that accrued while you were waiting for Social Security to approve your case.

How often should I hear from my attorney?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

How does SSDI calculate back pay?

Calculating SSDI Back Payments Count the months between your EOD and application date to determine retroactive months. The number of months between the EOD and approval date, minus the five-month waiting period, plus the retroactive months, times your monthly payment equals the total amount of back pay due.

How far does SSI back pay go?

Retroactive benefits might go back to the date you first suffered a disability—or up to a year before the day you applied for benefits. For SSI, back pay goes back to the date of your original application for benefits.

How do I know if my lawyer is bad?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.

How do I know if my lawyer is cheating me?

Dennis BeaverThe attorney does not return phone calls in a reasonable amount of time, and;In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.

Do lawyers lie to their clients?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty.

What to do when you dont trust your lawyer?

If you think your attorney has acted unethically You can complete a complaint form online or download a PDF complaint form from the State Bar's website. You may also call the State Bar at 800-843-9053 (in California) or 213-765-1200 (outside California) to discuss the complaint-filing process.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

Why do lawyers lie?

To Protect a Client. Lawyers sometimes lie to protect their clients. This is especially true in criminal matters where the defendant must be in court.

What Happens When I First Call A Disability Attorney?

When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...

How Will My Attorney Develop My Medical Evidence?

Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...

How Will My Attorney Help Me Get Ready For My Hearing?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only co...

Will My Attorney Arrange Witnesses For Me?

The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide...

How Will My Attorney Argue My Case?

Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...

How to find a disability attorney?

Nolo, a website which focuses on the law, runs a directory of disability attorneys that you can use. You can click on your state and then type in your zip code.

How to get a disability lawyer?

Other people hire an attorney when they first apply for benefits. In order to find a disability lawyer, you should gather referrals from a variety of sources and then look at the lawyers’ websites. Before hiring an attorney, be sure to meet for a consultation.

How to get referrals for disability?

Ask friends or family. You can get referrals by asking anyone you know who has used a disability lawyer in the past if they would recommend their attorney. Co-workers may be a good source of information as well.

How much do disability attorneys charge?

The law also limits how much disability attorneys can collect. Generally, a disability attorney can only collect as a fee 25% of your past-due benefits up to a maximum of $6,000.

What to do if a lawyer does not handle disability cases?

If the lawyer does not handle disability cases like your own, then you should be told that fact. Thank the person for their time and ask if they can recommend a lawyer who does handle cases involving your disability.

What is the purpose of asking questions about disability?

The purpose of these questions is to see if your case is something that the lawyer regularly handles. For example, some lawyers do not handle children’s disability cases.

How to find a lawyer's reviews?

Read online reviews. Many websites now offer online reviews. Avvo and Yelp both contain reviews for lawyers and law firms. You can type the lawyer’s name into a search engine and look for reviews.

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

How to win a disability claim?

First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)

How Will My Attorney or Advocate Develop My Medical Evidence?

Your attorney or nonattorney advocate will request the medical records needed to win your claim and submit them to the Social Security Administration (SSA) at the appropriate time before your hearing.

What is a hypothetical disability hearing?

At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)

What to do if your SSA does not meet the listing?

If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.

How to prove you are not sedentary?

To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs. For example, if your doctor has said that you can't lift more than 10 pounds or sit more than two hours per day, this will help prove that you are capable of "less than sedentary work," meaning that Social Security will have to find you disabled. (For more information, see our article on "less than sedentary" status.

What does a legal professional do for disability?

Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.

How is my SSDI and SSI payment determined?

So, let’s discuss a disability lawyer’s role in determining how much SSDI or SSI you may be able to win. A disability lawyer has no influence on the payment amount at all.

How is SSDI based on income?

SSDI is based on your contributions through employment taxes into Social Security and your average earnings. If you have worked very little and paid very little taxes your payment will not be very high. Keep in mind, your payment will vary from other worker’s SSDI benefit payments.

How much does a disability lawyer charge?

The two-tier agreement will call for the lawyer to be paid the usual maximum fee of 25% of your backpay, capped at $6,000, if you are approved at the initial application, reconsideration, or ALJ hearing stage, but allows the attorney to petition for fees beyond the $6,000 cap if the case goes further.

What happens if you lose your disability appeal?

If you lose your disability appeal hearing and your lawyer appeals the case to Social Security's Appeals Council and federal district court, your lawyer will end up spending more time on your case than usual.

When Can Lawyers Use Fee Petitions?

Lawyers use fee petitions in the following situations to be able to collect payment.

What happens if the SSA withholds an attorney fee?

If the SSA withholds an attorney fee from your benefits, the SSA will collect a service charge from the attorney. This service charge is 6.3% of the fee amount paid. The attorney cannot ask you to pay for this service charge. If you are not entitled to past-due benefits but you owe your lawyer because the SSA approved the fee petition, ...

What is attorney fees?

the amount the attorney requested for his or her services, not including expenses.

Does Social Security cover paralegal fees?

Note that Social Security does not allow these expenses to include the cost of paralegal or secretarial services, in-house experts, review of fees, or any share of the attorney's overhead or utility costs. If it appears to the SSA that an attorney is attempting to skip the fee petition process by designating some services as out-of-pocket expenses instead of filing a fee petition, or if the expenses appear unreasonable, then the SSA may require the attorney to provide proof of the actual out-of-pocket expenses.

Can Social Security deny a fee petition?

Sometimes Social Security will deny a fee petition if the fee is unreasonable or doesn't reflect the amount of time spent on the case.

How to find a disability lawyer?

You can find your local legal aid office in this directory from Legal Services Corporation. If you live near law schools, you can call them to see if they have a disability "clinic" where law students represent disability claimants, although you won't get the benefit of an experienced disability lawyer.

How Do Disability Lawyer Fees Work?

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. In the unlikely event that your disability application is approved with no backpay award, your lawyer would not be entitled to collect a fee unless he or she submitted a special fee petition to Social Security and it was approved. But since applications take at least a month and usually much longer to process, there are always back payments owed to disability applicants.

What About Legal Aid Organizations?

There are non-profit law firms and legal aid organizations that help claimants with Social Security disability cases. However, even legal aid attorneys and nonattorney advocates who are registered with Social Security are permitted to collect fees from disability backpay to compensate them for the time they spend working on your case. And legal aid organizations often use the fees they earn from winning disability claims to fund other services they provide.

Do I need a lawyer for SSI?

If you're applying for Social Security disability or SSI, hiring a lawyer will give you the best chance of winning your claim. Don't be scared of the hefty up-front fees charged by some lawyers —Social Security attorneys only charge you a fee if you win your case. If you don't win, there's little or nothing to pay.

Does legal aid help with Social Security disability?

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. This meant that SSI claimants would have an easier time finding lawyers to take their case. Today, many legal aid offices will represent clients only in Social Security overpayment situations, since it can be difficult to find a lawyer for help in these cases. (For more information, read our article about finding a lawyer for an overpayment problem .)

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.

Do disability lawyers charge fees?

All Social Security disability lawyers charge fees on a contingency basis, where you only pay if you win.

What does a Social Security Disability Attorney do?

Up to 70% of disability applications are denied at the initial applications level. Claimants whose claims are denied have 60 days from the date of the disability denial letter to file their appeal. So what can the disability lawyer do?

What a Disability Lawyer cannot do

After you file your Social Security Disability application the Social Security Administration is allowed 90 to 120 days to make their initial disability decision, and up to 70% of the initial disability applications are denied.

How to find an attorney for disability?

You can also locate an attorney by calling different disability attorneys in your community and asking if they take overpayment cases. Once you have a few names, you can meet with attorneys to see whose approach you like best.

How much do disability attorneys charge?

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.

How to get overpayment from attorney?

When attorneys do take overpayment cases, they will usually have you sign a fee petition agreeing to pay an hourly fee for the time that they spend working on your case. Then, when the case is over, the lawyer has to petition Social Security to approve the fee. Social Security will consider a number of factors when deciding whether a particular fee is fair, including the outcome of the case and the level of skill that was required to handle the case. Social Security can approve the attorney's fee petition request, disapprove it, or modify the fee to a lower amount.

How long does it take for a Social Security attorney to return money?

If he spends less than 15 hours, he will return money from your retainer to you at the end of the case. Attorneys in Social Security overpayment cases are conscious that their clients are usually lower-income individuals due to their disability, and they know that it might be hard for the client to pay the attorney's bill. ...

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 ...

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 does Social Security consider when deciding a fee?

Social Security will consider a number of factors when deciding whether a particular fee is fair, including the outcome of the case and the level of skill that was required to handle the case. Social Security can approve the attorney's fee petition request, disapprove it, or modify the fee to a lower amount. Getting Social Security ...

Eric Jeffrey Dubin

Very wierd! In all cases when you settle, the other side makes you sign a release. You had to have signed a document to get that money, and that document would have the exact amount of the gross settlement. You must send your attorney a fax or certified letter, ask for a full accounting and a copy of the release and settlement draft.

Adam David Sorrells

I agree with Ms. Sweinberg. Forgive me when I jump on my soapbox for a minute, but nobody gets $200,000 for small injuries. This is just not realistic. In my 20 year career I have heard this many times (it is alwasy frustrating).

Joyce J. Sweinberg

No insurance company is going to cough up $200,000 for "small injuries" to settle a case and no jury is going to award that amount for "small injuries." I am sure there is something to distinguish your case from the one you read about.

Christian K. Lassen II

You can contact the state bar disciplinary board to investigate. It is most likely that the lawyer only got the 20k, which could be verified in his IOLTA account by the bar.

How much can a disability attorney charge?

Again, the maximum the disability attorney or nonattorney advocate can charge is 25% of your backpay for his or her services, up to a maximum of $6,000. For example, if your back-dated benefits are calculated to be $10,000, your representative will be paid $2,500 and you will receive $7,500. However, an experienced representative is likely to be able to get you more in backpay by negotiating your disability onset date with the SSA —s omething you can't do without a hearing (in an "on-the-record" ALJ decision) if you're not represented.

What records do disability attorneys need?

During the course of representation, a disability attorney or nonlawyer advocate usually has to request a claimant's medical, school, work records, and occasionally medical or psychological examinations; these can be expensive.

Can a Social Security representative be paid out of past due benefits?

The representative will be paid only out of your past-due benefits, or "backpay." If no back-dated benefits are awarded, the representative will not receive a fee. However, in this situation and a few others, the representative is allowed to submit a fee petition to Social Security to request a higher fee.

Does it cost to hire a disability representative?

It doesn't usually cost you anything to hire a representative; the fee will be paid out of the disability award you eventually receive. Some representatives, however, will ask you to pay a nominal amount for costs (see below) at the beginning of your case.

Can a representative ask for money in advance?

Sometimes a representative will ask for money in advance to pay for these items. This is permitted so long as the representative holds the money in trust until it is needed. However, attorneys usually front these costs for their clients. Then, once the case has closed, regardless of whether you win or lose, the attorney will send the client a bill requesting reimbursement for any funds fronted on behalf of the client.

Do disability attorneys get paid?

Social Security Disability attorneys and advocates work "on contingency," meaning they get paid only if you win your case. Unlike many attorneys, disability lawyers do not charge up-front fees or require a retainer to work on a Social Security disability case. Most disability attorneys and nonlawyer representatives will be paid a fee only ...

How to interview a disability client?

When a potential disability client contacts a Social Security disability law firm, a paralegal or assistant will usually do an "intake" interview with you, often by phone. The assistant will ask you questions about your age, your medical condition, how often you see your doctors, whether you've been hospitalized for your condition, and whether you are working. The law firm will then decide whether it's in their financial interest to take your case. Established law firms (as opposed to young solo lawyers just starting out) generally only take cases on which they have a solid chance of making an ample fee.

What to do if you don't have a good case?

You might ask the attorney or paralegal you spoke to for details on why they don't think you have a good case. If it has to do with your medical records, recent work, substance use, or receipt of unemployment benefits, you can address these issues before continuing with your claim.

What factors do lawyers consider when they decide to take a case?

Here are some of the factors lawyers consider when they decide to take a case. Some of the factors, such as age or medical condition, you can't change, but with other factors, you might be able to take actions to make your case more attractive to a disability attorney.

Why do lawyers focus on other factors when taking a case?

Because medical records are complicated, and a lawyer isn't always in the best position to assess whether Social Security is likely to grant a medical allowance for a complex medical condition, lawyers often focus on other factors when deciding to take a case.

What to do if you aren't seeing a doctor?

If you aren't currently seeing a doctor, and don't have a history over the past several years of seeing a doctor, you'll have a harder time finding a lawyer to take your case. Good medical records are probably the most important factor in getting an approval for benefits, and this is especially true for mental claims. If you aren't currently seeing a doctor or psychologist, start now, and try again to find a lawyer.

Can a disability lawyer take your case?

Some disability lawyers won't take your case until you've been denied benefits. They'd rather not help out at the application stage, but they'd be more than willing to represent you at the appeal hearing.

Can a lawyer take a case for fibromyalgia?

Having what appears to be a severe medical condition will obviously help convince a lawyer to take your case, but there are certain conditions that some lawyers don't like to see in your medical file. Fibromyalgia is one of them. Historically it's been difficult to get benefits for fibromyalgia, though it's gotten easier since Social Security published a ruling on the subject. Also, applying for fibromyalgia along with similar conditions, especially a lesser known condition like Ehlers-Danlos syndrome, may signal to Social Security that you still haven't received the proper diagnosis.