Guest guest Posted September 6, 1999 Report Share Posted September 6, 1999 > So maybe you should really weigh the decision to hire an atty closely before > you agree to give up 1/3 of whatever you are going to get. Hey Kathi, Haven't the slightest what the law is like there, but here the only thing an SSI or disability attorney can demand is one third of the amount that you recieve from the date of filing until accepted. If I check my records , I believe it may (in this state mind you) even have a 4 or 5 thousand dollor limit. It usually doesn't take long enough to give the attorneys much anyway, when you consider the SSI is virtually indefinite. The time you wait for an expert disability attorney to take the headache away for you is not, for sure. especially with the ones there are to choose from today. Ours despises the system and started out as a social security employee. No lost cases , to date. Something to consider. Didn't want the door to close on anyone, if it was. Sincerely, Terry Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 6, 1999 Report Share Posted September 6, 1999 Attorneys that are retained to help you with your fight against Social Security are limited to $4,000 maximum of your recovery amount. I believe this to be a federal, not a state law. They cannot withhold 1/3 of what they recover for you. Phoenix, AZ Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 6, 1999 Report Share Posted September 6, 1999 Just wanted to add my experience to the talk about whether or not an attorney is needed. I was fortunate enough when I called an attorney (one recommended by a friend because of her kind and caring attitude), to get some honest and really helpful advise. She thought there would be no problem in my case with getting an approval and therefore recommended I do it myself. She took the time to explain everything I needed to do and was even available at a later date to answer questions for me. Since I received over $18,000.00 in back-pay (my children also were awarded checks), it would have been a very easy $4,000 for a more avaricious attorney. I wouldn't recommend though that anyone expect that sort of honesty! I am sure that doesn't happen often. KY-Annie Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 7, 1999 Report Share Posted September 7, 1999 wrote: >I believe the correct formula for attys to recover their fees is 1/3 up to >no more than $4000 per claim plus costs (i.e copying, travel, phone time, >hotel and meals,etc). SO if you are applying for SSI AND SSDI the limit >applies to each, not both together. That is how my husbands atty got over >$5500. You're right -- was thinking only of the maximum. Seems VERY unfair that the limit isn't a " combined limit " though! For those of you concerned about getting an attorney, I had been denied like most people the first two times. I had my first meeting with my attorney on September 1, 1998 as the deadline for my third appeal was September 14th. My attorney filed the request for a hearing before the administrative law judge and on September 21st I received notice that disability had been approved! Just the " headache " factor alone of dealing with Social Security made the payment to the attorney so worth while. The 1-1/2 years I had spent dealing with " those people " nearly did me in -- seemed like every other day another form was arriving in the mail to check to see how many hours I stood up -- how many hours I did this and that. Enough to drive you over the edge. From the experience I had with my case, I would definitely suggest getting a GOOD attorney if you are faced with round three. I made only ONE trip to my attorney's office -- have never been back! Just still seems funny to me that with a " stroke of a pen " my attorney accomplished what I couldn't and WHY the letter to me from Social Security said they had reviewed my file again and had cancelled the hearing before the administrative law judge....hummmmmm... Phoenix, AZ Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 7, 1999 Report Share Posted September 7, 1999 I have already posted that I am so thankful that I did not hire an attorney--but at the same time I had reassured myself that I still had time to retain one in the event my case was set for hearing. I am certain that had I been required to appear for the hearing, I most likely would have retained legal representation. At the same time, I can understand that fear would motivate others to hire an attorney much earlier. Because I was able to handle the filing of my own appeal, doesn't mean that is the road everyone should take. But, there is also another option. For one who is afraid or feels unqualified to fill out their papers, etc., a friend is usually available who would be more than glad to fill out the paper work for you--certainly free of charge. This is also completely legal also. I just read the case where another individual was awarded benefits right after the filing of the appeal with the attorney. That same appeal can be filed as easily by the claimant as the attorney--that's only my opinion. That's why I called and got the info I did about the latest time an attorney could be hired to represent me. Because of that, my award came through before a hearing was ever set so I didn't have to pay anything for legal representation. If a person is notified that a hearing date is set, unless they want to represent themselves in the courtroom, that is a great time to hire the attorney. That leaves time between the initial appeal and the setting of the hearing date for the SS attorneys to review the case to see if they want to take it to trial or award benefits without a hearing--especially since the appeal phase is the first point that the different set of laws are used to consider disability after the usually routine two first denials. Since we are all different, I know we all have comfort levels at different stages ... and certainly respect each others' actions as to their hiring of attorneys. I think it's great that so many have posted to give different views which may aid others in future claims that haven't been made. I have enjoyed reading all the different aspects. Blessings to all, JC (Just Crystal) Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 7, 1999 Report Share Posted September 7, 1999 Crystal wrote, in part: >I just read the case where another individual was awarded benefits right >after the filing of the appeal with the attorney. That same appeal can be >filed as easily by the claimant as the attorney--that's only my opinion. Crystal -- the point I was making is that I truly feel that having the attorney (who was a powerful one) file the appeal MADE the difference. If I had filed the appeal on my own, I am quite convinced the hearing before the administrative law judge would have been scheduled and would have taken place. The timing of the decision was just too " odd " for my taste. One week after receiving the appeal I am notifed that I am approved? Again -- the timing of the events told me (in " spades " ) that the presence of the attorney got this thing over and done with. You are right that the same appeal can be filed as easily by the claimant as the attorney -- but for me getting it over and done with was worth its weight in gold. Phoenix, AZ Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 7, 1999 Report Share Posted September 7, 1999 Crystal wrote, in part: >I just read the case where another individual was awarded benefits right >after the filing of the appeal with the attorney. That same appeal can be >filed as easily by the claimant as the attorney--that's only my opinion. Crystal -- the point I was making is that I truly feel that having the attorney (who was a powerful one) file the appeal MADE the difference. If I had filed the appeal on my own, I am quite convinced the hearing before the administrative law judge would have been scheduled and would have taken place. The timing of the decision was just too " odd " for my taste. One week after receiving the appeal I am notifed that I am approved? Again -- the timing of the events told me (in " spades " ) that the presence of the attorney got this thing over and done with. You are right that the same appeal can be filed as easily by the claimant as the attorney -- but for me getting it over and done with was worth its weight in gold. Phoenix, AZ Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 7, 1999 Report Share Posted September 7, 1999 Hey guys, brain finally kicked into gear. When Libby filed for SSI, we found a legal aid service that would represent her at the hearing. They did ask for 10% of the backpay if it is not a financial hindrance. It is NOT absolutely required. Also, they don't ask for any expenses. You do have to qualify financially. Don't remember what it was, but since we had no income, that was no problem for us. I just wish I would have known about them before I got an attorney for my SSDisability!! Check it out , it couldn't hurt. To all you guys I have sent disability info to before, sorry I didn't think of this sooner. Ronny, maybe you could add this to info you're compiling? Good Luck to All, & Libby Palm Bay Florida Quote Link to comment Share on other sites More sharing options...
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