How Does my Social Security Disability Lawyer Get Paid

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Күн бұрын

What does it cost to hire a Social Security disability lawyer? If you call most #SSDIlawyers they will respond that their fee is 25% of your past due benefits with a cap of $6,000. But is this the only way to pay for a lawyer?
Any fee that your lawyer wants to charge must be approved by the Social Security Administration. As I discuss in this video, there are two options that you and your lawyer can use. The first is called a fee agreement, whereby your lawyer is paid 25% with a cap of $6,000. This fee cap, by the way, has not been changed in over 10 years.
The second method to pay your lawyer requires your lawyer to file a fee petition. In a fee petition case, your lawyer is not limited to 25% or $6,000. In a complicated case, your lawyer can apply for a fee of $10,000, $15,000 or more. If the lawyer can document time expended for a large fee then SSA most likely will approve it.
While lawyers use fee petitions in some cases, most #disabilitylawyers choose the fee agreement route. SSA is notorious for its slow processing of fee petitions. Judges are very busy and reviewing and processing fee petitions is not a priority. It can take two, three, four or more years for SSA to process a fee petition. Many lawyers, including me, are very reluctant to accept a case where a fee petition will be necessary.
The unpleasant fee petition process is also why you should hesitate to change lawyers in the middle of your case. If lawyer #1 will not withdraw and waive fees, SSA will not approve lawyer #2's fee agreement and both lawyer #1 and lawyer #2 will have to file fee agreements. You, the claimant, may end up paying two lawyers far more than 25% of your past due benefits.
Good lawyers aim to provide value to their clients - value means knowing how to prepare your case, making sure that the record is complete, preparing a persuasive opening statement, calling witnesses if appropriate, preparing questions for your direct examination, developing a theory of disability to present to the judge and responding to the unexpected.
If you are unclear about how your lawyer will be paid, you should ask - your lawyer should be transparent and open about how he or she gets paid. #socialsecuritydisability #socialsecuritydisabilitylawyer #costofdisabilitylawyer
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Пікірлер: 89

@suzaygrenis6044 5 жыл бұрын

Great stuff, a workman is worthy of their hire. You are worth your expertise. Further, you are experienced and generous with your help and wisdom. (Priceless) Thank you and I need to get on it, (just catching a cold is devastating). Even with the Bi-Pap Adapto Servo Ventilation sleep buddy for 3 months now. Sleep apnea for decades is the probable causation of half of heart being damaged >>Congestive Heart Failure, C.H.F., almost 10 months ago. That's how I found you, while looking how to start the claim online, but didn't start it yet. Guess we're still making medical records with 3rd night coming up at sleep lab for titration of oxygen "lows" while sleeping. Thanks for lifting my head above the water, Suzay

@ssdattorney 5 жыл бұрын

My pleasure - good luck to you and go ahead and start that claim.

@rickgpz1209 5 жыл бұрын

After the 25% fee that you pay your EXPERIENCED SSDI attorney(upon winning the case), you are then awarded the remaining 75% of SOMETHING ! But trying to nickel and dime your way to winning your case(by not hiring an experienced SSDI attorney) is a good way for you to be awarded 100% of NOTHING! Do your research and hire the best SSDI attorney you can, you only pay the fee when you actually win. An attorney that specializes in SSDI cases stands the best chance of winning. Don't hire an attorney that specializes in criminal law or real estate or divorce or child custody, hire one that specializes in this particular field. Your future is nothing to mess around with.

@markstench4470 5 жыл бұрын

Thank you Counselor, Thank you for educating the masses.....

@ssdattorney 5 жыл бұрын

You are very welcome, Mark.

@coolc8017 5 жыл бұрын

This lawyer is the truth!! Yes you are sir

@jimedvenson7041 5 жыл бұрын

As always, great advice for anyone wanting to file a SSDI claim.

@imxploring 5 жыл бұрын

You pay a great attorney for their knowledge and skill. You pay an average attorney by the hour. No different than a surgeon.... you're buying their skill not their time!

@GfrmdaBrnx 5 жыл бұрын

Thank you for your informative videos. They have answered many questions. 👍🏼

@CarmenRamirez-hc2fh 5 жыл бұрын

Definitely VERY HELPFUL!!! Thank you 🙏 and many blessings ♥️

@davidkimble4398 2 жыл бұрын

I want to thank you Jonathan Ginsberg I applied for disability April 2020 got it July 2020 listening to your video was a great help took your advices on a lots of information you gives thanks for your help. People's that watch these videos this man know what's he is talking about.

@maggiebruder2103 5 жыл бұрын

Thank you Sir, your explanation helped me feel better about my choice.

@seichorn4079 5 жыл бұрын

thank you sir for your expertise and informative post.

@charlespennington9924 9 ай бұрын

And thank you for the free SS resource! Much appreciated.

@michelledowty1497 5 жыл бұрын

you have always been helpful.

@ssdattorney 5 жыл бұрын

Thank you.

@danielsmithwick5299 4 жыл бұрын

Thank you!

@rhondateris2711 5 жыл бұрын

I had my hearing in February, my attorney did not even show up physically because of a snowstorm (Reno). All I got was a 20-minute phone conversation with my attorney about 2 weeks prior to the hearing, and 5 minutes on the phone with her the day of. After the hearing where she was on speakerphone, she called me and basically told me "If it's denied, it takes a long, long, long time to appeal". I do NOT feel good about her or the firm (David Allen). She didn't even know that marijuana is legal in Nevada!

@tinapeek7875 2 жыл бұрын

I truly do appreciate your expertise and knowledge and the information you have provided is helpful. I am also grateful that their are people such as yourself out there who take the time to attempt to clarify or justify cost. I am a nurse and you could say educated and an expert with over 30 yrs of experience. I also am a servant to ill patients, and the company I work for, but only get paid per hr or per patient regardless of how much effort or expertise I put into one pt verses another. I find it hard to believe that fees for service by a lawyer are not completely spelled out day one and that a client does not know until the bitter end what they may be paying. Maybe I am just confused about this and you can give me an answer.

@emptyhanded79 3 жыл бұрын

Is it likely for SSA to deny a contingency fee agreement when the attorney never had to appeal a decision or go to a hearing since the case was quickly approved upon reconsideration? Or can the fee agreement be denied if it includes verbiage indicating fees can be withheld from “future SSI payments until fees are paid in full”?

@awfawf4546 6 ай бұрын

If the case goes to a second hearing after being denied at the initial hearing, do you charge more than the fee cap using a petition or do you do the second hearing for the cap?

@dogsareme100 4 жыл бұрын

Will you take money up front if say someone calls you with a suspected TERI case who has just stopped working thus it is unlikely there will be any past-due benefits, but they are afraid to do it on their own are you allowed to just take money just flat out without getting the court involved ( assuming of course that the person somehow has it to give you?

@adamrocks89100 5 жыл бұрын

Hi Jonathan love your videos my question is I had my hearing on August 8th 2018 got denied on November 8th filed the appeal with the appeals council I had some medical conditions come up where I believe I meet listing 8.04 in the blue book but the conditions didn't come up until after the hearing I have been hospitalized 3 times since September for the condition the evidence of this has been sent to the appeals council do you think I have a chance at winning or do I just wait to file a new claim after the appeals council?

@legalnightowl4207 4 жыл бұрын

Thanks for the advice. What advice do you have for a novice attorney who wants to practice disability but has no experience in this area law from law school or practice?

@ronaldcash8492 2 жыл бұрын

I'm willing to hold it out as long as it will go, I'll just have to have patience I think that will help my case.

@kaylathomas2775 5 жыл бұрын

Can you makr a video about people who may have had ssi as a kid but was taking off and now applying as an adult . do this make my chances to get back on it good since i was on it as a child

@justing4891 5 жыл бұрын

Hey Jonathan I was wondering have you ever had a favorable decision on a case that was not that strong or didn't have enough medical records.

@ssdattorney 5 жыл бұрын

I have had a few but very rarely. Even though I obviously want to win and there are some cases where I sincerely believe that a claimant is disabled, the system won't work unless it is based on some level of evidence.

@earlegavin5931 5 жыл бұрын

If i got a closed period 3 years ago Now my situation has gotten worse im 50 now and only made to 9th grade,i was a brudge painter i put in 25 plus years of work.. I had cervial c3,cr,c5 surgery with hardware,now c6,c7 is getting worse,plus L3,L4 ..degenitive hoint diesae,spinal stensois and meds and eperdaral, now i have to visit a ssi doc soon. Mr ginsberg what do you think?

@streetfighter1234ish 2 жыл бұрын

do you cover ssi my son was turned down and and he sees couserlers and differnt docs.

@ronaldcash8492 2 жыл бұрын

If I have pictures of my injuries will that help my case

@sheronfarmer8987 5 жыл бұрын

I had my hearing today and the judge didn't ask me that many questions at all the lawyer asked more questions is that a bad sign the lawyer said it went well but I thought the judge would talk more

@lisaburdsall577 3 жыл бұрын

Did you win? How are you disabled?

@lw1088 5 жыл бұрын

Hi Jonathan, my name is lenny and I subscribe to your channel. It is extremely helpful. I am just starting the process of filing for SSDI and was wondering what state you’re in and what area are you sir. Thanks for the great videos

@GamerDadof2 5 жыл бұрын

They are in Georgia.

@lw1088 5 жыл бұрын

Born Natural thanks born. I’m in Ca

@lisaburdsall577 3 жыл бұрын

Would he travel to Florida?

@dudleydorite7678 5 жыл бұрын

Ok I understand lawyers are business men and need to make a living but if someone s denied at the initial stage and an attorney takes it will the drag there feet so they can get more money from back pay? Exp. In ny state of someone is denied they automatically request a hearing with alj if an attorney thinks they can get an on the record decision will they try it or wait longer in order to get more money? Thank you Mr Ginsberg love your videos

@ssdattorney 5 жыл бұрын

Dudley, I know of no lawyer who would do anything to delay an approval. If my client is approved at recon, I would earn a smaller fee but I would also do a lot less work. Approvals are hard enough to come by - no reason to do anything to reduced a client's chances at a favorable. In addition, it would be unethical for a lawyer to put his own financial interests ahead of a client's.

@dudleydorite7678 5 жыл бұрын

videos thank you very much for your information and I enjoy watching your videos.

@imxploring 5 жыл бұрын

The system.... not your attorney is the reason it takes so long to gain a favorable decision.

@pattirussell704 3 жыл бұрын

How long does it take to. Get a review for a hearing? I have been waiting since February 2021

@deesgamingadventures7613 2 жыл бұрын

I got approved for ssdi back in December 2021 and it Is now the middle of April 2022 and I have still not received my back pay

@tammybowers4214 5 жыл бұрын

what if you get a lawyer and ss tells them not to represents you . and your lawyer wont help you. my lawyer said i had a case by they wont help me. 2 years ago

@imxploring 5 жыл бұрын

Find another attorney. Plenty out there!

@ivethramirez8285 2 жыл бұрын

I am still confused with the attorney fees. How does the 25% work?

@charlespennington9924 9 ай бұрын

Thank you for your honesty about the way you handled cases, I don’t know if I even have a case here but I’m looking into disability for my Wife who’s been an Epileptic since she was 15 and has been on medications ever since. She’s worked very little and doesn’t have many hours of SS available. She had a home based business making handcrafted jewelry but because of the medication side effects now she’s not able to continue working. So I have now been working most of my life and have enough hours in SS, but since 2006 I haven’t paid into SS due to a Job that I’m paying into their retirement fund which is a local government pension in California. Can I use my SS on behalf of my wife for disability benefits? Again thank you for your honesty.

@l.daniels 5 жыл бұрын

I feel you’re right Jonathan. People need to understand it’s hard to get SSD these days and if they think they have such a strong case then what do they need a lawyer for. They should just Waltz in court by themselves.

@ssdattorney 5 жыл бұрын

In theory, you should not need a lawyer to prove your disability. In an ideal world you wouldn't need a lawyer to file bankruptcy or a CPA to file tax returns. But in reality you do. The practices and procedures for anything legal always move from the simple to the complex. It may not be fair but this is reality.

@naturetrails8217 5 жыл бұрын

Hi, Jonathan, in what state do you take ssdi cases?

@ssdattorney 2 жыл бұрын

_NATIONWIDE. You can submit a free case evaluation at my website: __ssdanswers.com/contact/_

@unchainedsanity9606 5 жыл бұрын

Thank you for your videos! If someone is applying for SSDI, how are the lawyer's fees paid? Assuming the case gets approved and there is no "backpay"?

@ssdattorney 5 жыл бұрын

No fees if there are no past due benefits.

@robertwilliams5618 3 жыл бұрын

@@ssdattorney no fees? So the lawyer doesn't get paid?

@litedove1 Жыл бұрын

What happens if the judges puts in writing not to pay your lawyer

@ssdattorney Жыл бұрын

Usually that would be because the fee agreement had some sort of issue. Or if you have more than one lawyer filed a Form 1696. Your lawyer can file a fee petition to get paid.

@litedove1 Жыл бұрын

@@ssdattorney went Federal court and won …remanded hearing had to go back those years in which this lawyer wasn’t representing me at that time I was filing appeals on my own!

@halholland1637 5 жыл бұрын

The ALJ "What is the skill used for Employment clerk?" The VE "Well he would have the skill of repair procedures. The skill of what the requirement are of the job, which would be the repair procedures, the construction procedures. and, the use of tools". The VE later adds "And, we may be looking at someone that, you know, a plumber if he had a helper. A plumber's around other construction sites and they see what people, they see other workers and what they do. they know how to REFER someone that would be a good worker that would have experience." There you have it people. A 50 year old plumber screwed out of disability, because. he has the transferable skill of havin fixed stuff and seen people at work.

@halholland1637 5 жыл бұрын

Maitenance dispatcher , skill required: Construction knowlage=knowind which tradesman to send to a job. Employment clerk, skill required:Construction knowlage=knowin how to fix stuff+knowing what tradesman to hire. Telephone solicitor, skill required:Construction knowlage=you work with stuff you can sell that stuff.

@549JimmyBr 3 жыл бұрын

I filed for SSDI & SSI . I just got a letter from social security stating that I'm going to retire at 62 , can that happen ? I just have 10 years back SSDI coming & may want to not retire ...

@ssdattorney 3 жыл бұрын

I think that these letters go out automatically. You do not have to take early retirement - you can continue to pursue SSD.

@tammybowers4214 5 жыл бұрын

would you help me

@xxxits_zexxxreynolds2796 4 жыл бұрын

I’m 59 yrs of age, CHF, diabetic, HBP, retna diabetes.. my hearing is in a coupla days. My Atty just sent new #1696 and Fee Agreement., a 2nd Atty added.. what does this mean as far as what their going to charge me.? Will each Atty be looking for 25%..?? Help.. I’m confused. Thank you

@ssdattorney 4 жыл бұрын

No, you will only get charged 25% under a fee agreement. The attorney who will appear with you at your hearing has to have a 1696 and fee agreement on file. This is a common practice for firms with more than 1 lawyer who handles SSD claims.

@gina4635 3 жыл бұрын

If someone was on Social Security Disability in the state of PA and won the lottery would their check stop? Considering it's non-working money.

@chrhadden Жыл бұрын

my attorneys tricked me saying that 2 of them worked on my case so they got the max fee.they got paid and i have not seen my back pay.why is this?oh i didnt mention that i did all the leg work they barely did anything

@Tommy-gj9kn 5 жыл бұрын

Have chances of winning an appeal changed any?

@ssdattorney 5 жыл бұрын

Not significantly over the past year. The 2018 stats have not been released yet.

@Tommy-gj9kn 5 жыл бұрын

@@ssdattorney is there any possible ways to win on an appeal?

@Linxs718 Жыл бұрын

Hey Jonathan do you have a direct website ? Or contact information?

@kellyyork3898 3 жыл бұрын

If an attorney takes your case to federal court and wins, or the case is remanded, does the federal government have to pay your attorney? How does that work?

@ssdattorney 3 жыл бұрын

There is something called EAJA fees. See fas.org/sgp/crs/misc/IF11246.pdf

@halholland1637 5 жыл бұрын

A warning to all Plumbers. You may be found to have the transferable skill of Constrution Knowlage. This skill will transfer to Employment Clerk. As the Vocational Expert at my hearing descibed it. "He might have had a helper. He would have seen people of other trades. he would be able to RECOMEND people for work". Thats it. I have the Transferable skill of RECOMENDATION?? The skill of Constrution Knowlage Is also the only skill you need to transfer Telephone Solicitor. You could sell Plumbing and Plumbing Services. I did Commercial Plumbing. Just to save a phone call. Would anybody like to buy a clevis hanger? Also the ALJ will only ask you how you learnd your job.Nothing about what you did at work. The V.E. will just read it out of the Directory of Occupational Titales. Good Luck Fellow Plumbers.

@halholland1637 5 жыл бұрын

Almost forgot. Construction knowlage is the ONLY skill requirment of those jobs. Also the V.E. will say you have the skill of reading and writing reports. Even though you said you had never done that. thats OK, because that skill is apperantly not a requirement for Employment clerk or phone sales. It is a harmless error. If you don't believe me ask the District Court. Thats what they said. Again I say to my fellow turd heardeds. Good Luck.

@halholland1637 5 жыл бұрын

ConstruCtion. ConstruCtion C I do now how to spell it. I was tied.OK

@halholland1637 5 жыл бұрын

TiRed tiRed tiRed Dam!

@bonafidesagG88 4 жыл бұрын

How much of your SSDI back pay can child support take?

@cloud9853 3 жыл бұрын

65 percent if you are behind more than 12 weeks..

@thomasjensen6243 5 жыл бұрын

My attorney wasn't even a disability attorney....she joined the firm as a family attorney. She did nothing to help my case. This firm never contacted me in my 2 year wait. My only contact was 2 weeks before the hearing. And now if I win they will get $6,000.

@masonamaitiswritten5305 5 жыл бұрын

Thomas Jensen I can relate!

@imxploring 5 жыл бұрын

Count your blessings and consider yourself lucky if you win. If you're waiting 2 years (normal) for your hearing with an ALJ there will be plenty of retro benefits to pay the attorney fee and provide you a little nest egg. You had the choice to go it alone. If you did your part during the wait (continued your medical treatment and documented everything) and the attorney has kept your file current the facts will speak for themselves at your hearing.

@dogsareme100 5 жыл бұрын

What about the fact that if you get paid by fees you can be sure of the money, but if you lose the cases you get no money?

@ssdattorney 5 жыл бұрын

That is very true as well.

@2004cyrus 5 жыл бұрын

dogsareme100 generally people can’t afford to pay for an attorney out of pocket because they’ve already been out of work and applying for disability and waiting for a couple years. But if one is approved and receives back pay, then the attorney gets paid first out of the back pay and then the applicant receives the balance. Most attorneys don’t take care that they don’t think will be approved. They review all of your information at the consultation and use their judgement to decide if a case has a good chance of approval: so they are fairly confident they will get their 25% pay when the case is won