There is No Attorney Fee Until Social Security Has Paid You Your Benefits.
I provide full service to you with no attorney fee until you win retroactive benefits. When we when, here is how I am paid for our work on your case:
Social Security Disability Claims – Administrative Level
I am paid a one – time 25% Contingency Fee for the work I do for you. The fee is paid only from retroactive benefits from Social Security, and only if we recover retroactive benefits for you. You pay no fee if I don’t secure benefits for you.
Examples: If your retroactive benefits are $4,000, my fee is $1,000.
If your retroactive benefits are $12,000, my fee is $3,000.
The attorney fee must be approved by Social Security, before I get paid. If we win your case at any administrative level through the first Administrative Law Judge (ALJ) decision after the date of our agreement, the attorney fee can be no more than the dollar amount established pursuant to 42 U.S.C. § 406(a)(2)(A), which is: $7,200 effective November 30, 2022.
The Contingency Fee covers all of my work. Examples of the services I provide you:
All telephone consultations and in person meetings with you, and interviews with your family members, physicians, health care providers, and other people who can provide information, evidence and testimony to help your case.
Legal, medical and vocational research to properly prepare all the forms we need to submit to Social Security.
Preparation of the forms that tell your story to Social Security.
Preparation of special written requests for information that allow your physicians and health care providers to answer the important questions that Social Security is asking.
Updates to you on the status of your case.
Meetings with the Social Security personnel dealing with your case.
Representation at an ALJ hearing (Step 3) if necessary.
The contingency fee does not cover costs, such as medical examinations, photocopies and delivery charges. For more information on what I do for you, click on the reasons to choose us. Call (413) 567-5600 for a free case evaluation.
Social Security Disability Claims Appealed to Federal Court:
Only a licensed attorney can represent you if your case requires work in Federal Court. If the Social Security Administration has denied your claim without substantial justification, the Federal Government will be required to pay for the legal work we do to win your case in Federal Court. The Equal Access to Justice Act (EAJA) authorizes an attorney to obtain reimbursement of expenses incurred (legal fees,expert witness fees, etc.) when representing a litigant in a court action and certain administrative proceedings involving a government agency. Reimbursement of legal fees and other expenses applies only with respect to proceedings in which the party prevails against the Social Security Administration, and only if the court finds that the position of the government was not substantially justified. EAJA provides the Social Security Administration with an incentive not to take unreasonable positions in Federal Court, because if they do, they may be compelled to pay attorney fees and expenses. When an attorney receives fees for the same work under both section 206(b) of the Social Security Act and EAJA, the attorney must refund to the claimant the amount of the smaller fee. [5 U.S.C. 504, 28 U.S.C. 2412].
The other way that attorneys can be paid for work in Federal Court is with a contingency fee agreement, just like the agreement for work at the administrative level. Section 206(b) of the Social Security Act authorizes a Federal court that makes a favorable Title II decision to award reasonable attorney fees for services in proceedings before the Federal Court. The attorney must obtain authorization of the fee from the court that made the favorable judgment. The attorney’s fee may not exceed 25% of the claimant’s Title II past-due benefits. This fee is in addition to the fee, if any, the Social Security Administration authorizes for proceedings at the administrative level. If a court awards a fee under Section 206(b), SSA will certify direct payment of up to 25% percent of the Title II past-due benefits.
Federal Court review of your case will not be necessary if we win your case at the administrative level.
To get started on your case, Please Review these Forms:
SSA Form 3288 – Consent to Release Information. This form allows us to look at your disability case file.
SSA Form 1696 – Appointment of Representative Form
Attorney Roberts’ Sample Fee Agreement
Medical Records Release Form – This allows me to ask your doctors for the information we need to win your case.