About 90 percent of claimants trying for Social Security disability benefits are represented by attorneys or non-attorney advocates who charge a fee for their representation.
Social Security has structured the fee for these representatives to protect the claimant, not the representative. This assures the claimant that he/she can get top notch legal representation and not worry about high legal fees.
Some examples of how Social Security protects the claimant:
1. No fee unless you win your case.
2. No fee unless you also receive back pay.
3. In most cases, up-front fees are not allowed.
4. The fee is limited to 25 percent of your back pay and there is a dollar-amount cap on top of that.
5. Social Security must approve the attorney's fee in writing before a fee may be charged.
This arrangement assures the claimant that may be charged will be the result of a successful claim or appeal, that the amount of the fee will be reasonable and fair (and agreed to upfront by both the claimant and representative).
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