what kind of lawyer for getting my money back from ssi

by Miss Desiree Mertz 10 min read

Social Security attorneys work "on contingency," which means that they collect a fee only if they win your disability claim. Whether you are applying for SSDI (Social Security disability) or SSI (Supplemental Security Income
Supplemental Security Income
Supplemental Security Income (SSI) is a means-tested program that provides cash payments to disabled children, disabled adults, and individuals aged 65 or older who are citizens or nationals of the United States.
https://en.wikipedia.org › Supplemental_Security_Income
), a lawyer will work on your case without making you pay until the end of the case.

Full Answer

What is it that SSI lawyers do?

What Is It That SSI Lawyers Do? Supplemental Security Income, also known as SSI, is a federally funded program aimed at helping disabled, blind, or elderly Americans with the money needed to meet the needs of daily living in America.

Should I hire a lawyer if I have been denied SSI benefits?

If you have been denied SSI benefits in the past, but truly believe that you should qualify for them, you should consider hiring a professional lawyer to help represent your case. You do not have to already have been denied to hire a lawyer because a lot of people feel like they should already have a lawyer just in case they need one.

How do I find a Social Security disability lawyer?

How to Find the Right Lawyer You can find Social Security disability lawyers in a variety of ways. The internet has plenty of lawyer referral sites. Legal aid clinics and referral services operated by state bar associations are also sources for the names of people to interview.

Will my attorney get a check from Social Security?

The attorney will get a check from social security for the attys fees portion and they will likely send you a check separately. In my experience many times the monthly checks will start before the back pay lumps sum comes in for my client.

How do I get my money back from SSI?

Return the check to the Regional Financial Center (RFC), U.S. Treasury Department, using the address on the check envelope. If you prefer, you may return the check to the Social Security office. That office will give you a receipt for the check and will return the check to the U.S. Treasury Department.

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.

Can you sue someone for Social Security benefits?

File a Lawsuit Against the Social Security Administration by Yourself. Believe it or not, you can sue without an attorney in small claims court. It often consists of simply requesting a form for a small claim from your local clerk's office, completing and filing it for a fee. A court date is set when you file.

Does SSI pay back money?

Back pay covers the months between application and approval. Because SSDI eligibility technically begins with your disability onset date, you may be eligible for additional “retroactive” benefits if you became disabled well before you applied. SSI is not retroactive.

How far back does SSDI backpay go?

12 monthsYou will receive disability pay back to the date of your disability onset – but no farther than 12 months before you filed your disability claim.

What happens after a federal court kicks my SSI case back to the ALJ?

The federal judge will review the transcript of your hearing and the same medical evidence provided to the ALJ for that hearing. Once both sides have concluded the briefs and oral arguments, the federal judge will review the case to determine if the ALJ or AC made a legal error when they made the decision to deny you.

What happens if Social Security owes me money?

Typically, SSA withholds some or all of your corrected monthly payment until the debt is settled. If you no longer are receiving benefits, the agency seeks a lump sum refund, which you can repay online using the Treasury Department's Pay.gov service. You'll find information on using Pay.gov on your billing notice.

How do you fight Social Security?

You can ask SSA to reconsider their decision by filing SSA Form 561, "Request For Reconsideration." You can get this form at your local Social Security office, download the form, or file an online appeal. You must submit your Request for Reconsideration within 60 days of the date you get the written denial from SSA.

Who is in charge of Social Security Administration?

As head of the Social Security Administration, Commissioner Jo Anne Barnhart has responsibility for administering the Social Security programs (retirement, survivors and disability), as well as the Supplemental Security Income (SSI) program.

How does Social Security back pay work?

SSDI back pay is the amount you should receive to cover any lapse in payment between your application and when you start getting payments, minus those 5 months. Retroactive back pay is payment the SSA will award you to cover your period of disability before you even applied for SSDI.

What is the retroactive check from Social Security?

You may be entitled to monthly benefits retroactively for months before the month you filed an application for benefits. For example, full retirement age claims and survivor claims may be paid for up to six months retroactively. In certain cases, benefits involving disability up to 12 months may be paid retroactively.

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...

How much do lawyers charge for Social Security?

Lawyers take their fees from any retroactive benefits you’re awarded from Social Security. The fee is limited to 25% of your past-due benefits , up to a maximum of $6,000. 1.

What to do if you can't resolve a Social Security claim?

If you have a Social Security dispute that you can’t resolve on your own, finding a lawyer can be the next step. Since you may not have a lot of experience looking for lawyers—particularly lawyers specializing in Social Security—we put together a guide to help you find the right one for your case.

What is a disability on Social Security?

Social Security disability is for people who have a medical condition that fits Social Security’s definition of a disability. And to qualify, you must have worked in jobs covered by Social Security. 2 In other words, if you never paid into Social Security, you’re not going to get anything out. If you do qualify, you can get monthly benefits checks ...

What happens if you get nothing from a lawyer?

Because the lawyer will likely have to request medical, school, work, and psychological records that come with a cost, they might pass on that fee to you. This should be a couple of hundred dollars at most.

Can a lawyer guarantee you will win?

Just like lawyers can’t speed up the process, they also can’t guarantee that you’ll win. With the help of a good lawyer, you’ll up your chances of winning, but lawyers can’t ethically say that they will win your case for you. If they do, that’s probably a lawyer to avoid.

Can lawyers speed up the process?

Just like lawyers can’t speed up the process, they also can’t guarantee that you’ll win.

Can I get Social Security if I can't work?

If you do qualify, you can get monthly benefits checks only if you are unable to work for at least one year because of a disability. 2. If you paid into the system in the past, you can't work for at least a year, and still didn't receive your benefits checks, your disagreement with Social Security probably stems from whether your medical condition ...

What to do if denied SSI?

If you have been denied SSI benefits in the past, but truly believe that you should qualify for them, you should consider hiring a professional lawyer to help represent your case. You do not have to already have been denied to hire a lawyer because a lot of people feel like they should already have a lawyer just in case they need one. It is never a bad idea to have a legal attorney fighting for your side. If you are looking for a quality SSI attorney that will represent you in an honest manner, you need to contact our team at National Disability Benefits. We can provide you with a free disability evaluation and a free case evaluation. It is our goal to help you get the benefits that you deserve, even though it can be a frustrating process.

What does SSI stand for?

Other folks do not even know what SSI stands for, let alone whether or not they qualify for it. SSI is an abbreviation for Supplement Security Income , which is a federal welfare program for the blind, elderly, or disabled.

What does a disability attorney do?

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. The client must pay these costs separately from the attorney's fee (of 25% of their backpay).

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 long does it take to appeal SSI?

The notice will tell you how to appeal. If you file an appeal within 10 days of the date you receive your notice, your SSI benefits may continue at the same amount until we make a determination on your appeal. The notice will tell you if you are entitled to continued benefits.

Can you appeal SSI?

You can appeal most determinations and decisions we make about whether you can get Supplemental Security Income (SSI) or if we make changes to your benefit amount. That means you can ask us to look at your case again.

What is resource based Social Security?

These terms mean that they are based on your current needs or resources, and such resources exceed the limits set by the social security office then your SSI benefits can be terminated.

How to contact Downtown LA Law?

Call Downtown LA Law at (888) 649-7166 for a free case evaluation.

Is SSI a low cost benefit?

SSI benefits can be critical for many recipients providing low to no cost healthcare at most hospitals in California. Recipients receive low cost healthcare, pharmaceuticals and life saving operations at little to no cost, so it is important for such benefits to remain intact.

How long does it take to get Social Security benefits?

Once this is done, the claimant can expect payment within 30-45 days. The attorney representative, on the other hand, waits longer to receive attorney’s fees which currently are 25% of back due...

How long does it take to get back my unemployment benefits?

Back due benefits, except for any fee due attorneys, goes directly to the client. This can be as short as 10 to 14 days; normal is 30 to 60 days. If there are other issues (like workers' compensation offset, or SSDI and SSI offset) then it can take longer than 60 days...