Social Security Disability Attorney Fee Petition
There are two possible methods that attorneys use for requesting approval of attorney fees in favorable Social Security and/or SSI disability claims. The most common method is a Fee Agreement. The Fee Agreement specifies that you and your attorney agree that if your disability claim is approved, the attorney fee will be 25% of your back pay, or $6000 (maximum allowed by current law), whichever is less. However, if the Fee agreement is NOT approved by the SSA decision-maker who approved your disability claim, then a Fee Petition must be submitted by your attorney. With the use of a Fee Petition, your attorney asks Social Security to approve a specific amount for their fee, based on the hours they worked on your case and the specific services they performed in your disability claim. The petition also includes any expenses your attorney paid during the processing of your claim for which they plan to bill you. You will be given an opportunity to review the Fee Petition before your attorney sends the request to Social Security.
The SSA decision-maker will review the attorney’s request and notify all parties as to what fee has been approved. You and your attorney have the right to question the amount of fee that is approved by Fee Petition before the attorney fee is released to the attorney.
Whether Fee Agreement or Fee Petition is utilized, the Social Security Administration will withhold 25% of any back pay you are due when they process your award to make available for paying the approved fee to your attorney. Social Security will pay your attorney directly the final approved fee amount.
Contact the North Carolina Social Security disability attorneys at Partin, Patton & Brown at 888-604-9728 to get more expert advice about this or any other topics, or help with filing your claim or appeal!