How much may an attorney charge to rep you in SS Disality case?
I live in Pa. and was wondering what the max is that my lawyer may charge for representing me. On TV he advertises that if I don't win my case I don't pay. The paper he had me sign says that I have to pay all fax, phone and copy fees. I was told that the most he can charge per Pa. law is 25%.
My friend won her case and all her lawyer got was 25% of her award and nothing over and above that.
Can someone please advise. It seems like he's overcharging because I have to wonder what the 25% is for if he's charging separate for the work he does such as phone,copying and faxes.
Answers:
The 25% is for his work and the phone, copying and fax charges are supplies, or things he is paying for out of his own pocket for your case.
Attorney fees in Social security cases are governed by a federal statute. His fee must comply with the Federal statute and also must be approved by the administration before they withold his fee. A lawyer is allowed to charge 25 percent of your past due benefits but Not to exceed 5,300 ( For one hearing). If I took your appeal to federal court I could collect additional fees under another federal statute called the Equal Access to Justice Act. Regardless he cannot charge you a fee unless he wins but he does have the right to bill you for his actual expenses ie. cost to obtain your medical records and reports. If you have been denied for 4-5 years and your past due benefits are 80K the lawyer will not get 20k, he can only get 5300 under Social security law.
I"ve been through the whole system and received 31/2 years in back payments . It is true they can and will get 25% of what you have coming . In my case I received back awards for my wife and underage daughter also which were not liable for the 25% the lawyer received it only came from my portion . My attorney received in my case 5300.00 but it was well worth it because I received nearly $50,000.00 dollars . When your case is one they have 60 days in which to begin sending your money which is mailed in 3 installments all in rapid succession though about 2 weeks apart . It's a rather relaxed atmosphere when going to court for the back payments so not to worry . Also you will not likely be taxed for the money as your tax preparer will go back and update past years for which you received money and it isn't all applied for the year in which you receive it . Though my wife made 12,000 dollars a year we had no taxes to pay and even received around 2200.00 back for a household of 3 one of which is a child . Hope this helps.
It depends upon how the law was written. If the law states that the maximum 25% includes all fees and costs, he's a shyster. By signing his "contract" you've agreed to pay his expenses over-and-above the 25%. I'd fire him and hire the guy who handled your friend's case.
There are a couple of attorneys in the Polls & Surveys category. I'll make your question appear there and maybe they have some general info to help you.
Federal law states: With assistance of council, the rate will never be more than 25%...That's the limit, for representation on your claim. However, he is intitled to any expence he incurrs, while representing you. So, he's doing everything by the book,the way it sounds. Had you been suing a non-government agency....A store, company or something along those lines, an attorney can take as much as 33.3333% of your settelment.....LATER
Here in Texas its 25% of past due benefits of the sum of $5,300.00.
Some of the sharks that specialize in SSI Disputes, will charge you for every little cost, to include, faxes, phone calls, preparation, review etc.
I coincidentally just went to a seminar on this yesterday for Pa. The "no win, no pay" advertisements border on unethical, but the paper you signed clears your attorney of any claims of misrepresentation. It is customary for the client to pay the out of pocket costs from the total and then for the attorney to take his/her cut. This is legal. Your friend had a different arrangement with her lawyer. You could have negotiated a little bit better (as your friend may have). There is a difference between costs (phone, copy, fax, transcripts) and fee (the 25% the attorney is taking as his/her fee - the amount charged for the services of the attorney). The law limits the fee to 25% for these claims, but the attorney may recoup their costs.
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