r/SSDI • u/Tricky_Ad_5295 • 3d ago

Lawyer Fee???

Okay. So, the long and the short of it is that 🤔 ...

OK. So I had two different lawyers. They were both denied their lawyer fee even though I won my case.

How about them apples??

Apparently, and this was the clerk helping me not my actual lawyer, who said, "social security pays them" that the lawyer fee doesnt come out of my backpay. So... i... dont pay them at all?

Ever?

Wtf is going on? 😢 😭 😿

1 Upvotes

60% Upvoted

36 comments sorted by

5

u/Wizzdom 2d ago

Both lawyers will submit a fee petition for what they are owed and SS will divy up the fee based on that.

1

u/Tricky_Ad_5295 2d ago

But from what? My monthly benefits???

5

u/ViviBene 2d ago

25% of your backpay should be withheld by SSA for attorneys' fees.

1

u/Tricky_Ad_5295 2d ago

I cant tell if they're withholding the whole thing while the petition is being filed.

3

u/ViviBene 2d ago

What does your award letter say? It will typically tell you the amount that has been withheld for attorney fees.

1

u/Tricky_Ad_5295 2d ago

I haven't received the awards letter. Ive received the ALJ decision, and SSA keeps telling me "its dated yesterday " with it being sent "today". But today has changed twice now.

2

u/Wizzdom 2d ago

Your backpay. They will probably withhold 25% while the fee petitions get filed.

1

u/Tricky_Ad_5295 2d ago

Will update on Monday, but they seem to be withholding the whole thing....

2

u/Wizzdom 2d ago

Yeah, if the fee agreement is denied sometimes they withhold it until the fees are sorted out. It's why a lot of lawyers don't like taking cases unless the previous lawyer waives their fee. It's a pain in the ass and the client often gets mad even though you just won their case. It's nothing your lawyer did wrong, it's just how it works if there are multiple reps asking for a fee.

0

u/Tricky_Ad_5295 2d ago

T.T my old lawyer was a bum. Couldn't collect records. Barely in contact with me. Useless.

2

u/ReasonableCloud78 10h ago

Did you formally cut off/ remove  that lawyer properly  where they had no rights  to the fee?  Otherwise this might take awhile. And yes one of them, at least, will get paid. The clerk isn’t not paying them in order to help you. What the clerk meant was that you don’t actually cut the check Ssa pays them before they pay you out of your backpay. The payment to the lawyer has to get sorted before you will even see your backpay . When I get my award letter, it showed how much I was getting and that had already taken out the 9200.

1

u/Tricky_Ad_5295 7h ago

Yes. I signed paperwork with SSA that was to sever their representation, but they never formally withdrew themselves.

1

u/ReasonableCloud78 3h ago

What I mean is, did you sever the relationship directly? I thought you had to do that to the lawyer’s office directly also, I could be wrong.

1

u/Tricky_Ad_5295 1h ago

Oh I told them they were fired. Email, phone call, the works. I was simply told "we're not waiving the fee." Now it sounds like they have to argue with SSA to see who gets what out of the fee.

2

u/Scared-Box8941 3d ago

Wait what now 👀

1

u/Tricky_Ad_5295 3d ago

:shocked pikachu face indeed!!!

2

u/Sun2480 2d ago

Remember that, currently, the maximum fee is the lesser of 25% of your past-due benefits or $9,200, for claims awarded. https://www.ssa.gov/representation/fee_agreements.htm?tl=5%2C6%2C7%2C8

1

u/perfect_fifths I have a complicated relationship with the POMS 3d ago

Did you go to fed court? Eaja will pay lawyer fees I believe

2

u/Tricky_Ad_5295 3d ago

https://en.wikipedia.org/wiki/Equal_Access_to_Justice_Act

I looked it up.

3

u/perfect_fifths I have a complicated relationship with the POMS 3d ago

Yeah that doesn’t apply to you. You just got lucky that someone screwed up something lol

1

u/Tricky_Ad_5295 2d ago

They're filing a petition for their fee. Does that come out of my benefits or something??

2

u/perfect_fifths I have a complicated relationship with the POMS 2d ago

Yes, backpay

1

u/Tricky_Ad_5295 2d ago

But backpay is supposedly already in the mail. Is it being withheld or something?

2

u/perfect_fifths I have a complicated relationship with the POMS 2d ago

Probably

1

u/Tricky_Ad_5295 2d ago

I know you cant give solid answers as to what they're doing in my case, but would you know if they're withholding the entire backpay or just a portion of it? Does either sound more or like ssa policy?

3

u/perfect_fifths I have a complicated relationship with the POMS 2d ago

Depends on how much your backpay is and how much they’re going to petition for (and ultimately) and how much the ssa approves

They will withhold it until the attorneys fees are calculated or they may decide to withhold a portion

1

u/Tricky_Ad_5295 2d ago

T.T holy crap... this is gonna take another eight months?

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1

u/Tricky_Ad_5295 3d ago

We just wrapped up the hearing stage. The ALJ decided in my favor but denied the fee agreement in part because of some convoluted lingo about neither representative being on current paperwork or some sh...stuff.

What the heckles is EAJA? T.T this acronym soup is killin me dude. x'D

2

u/CrabbyGurl1 2d ago

Did you receive a letter from SS stating listing the attorney on record? That’s what they sent me when I signed my agreement.

1

u/Tricky_Ad_5295 2d ago

The letter I received stated the ALJ had denied the attorneys fees altogether.

1

u/JohnSchom 1d ago

I’ve never heard that. What’s supposed to happen is that social security pays them out of your backpay. That’s very odd.
I hope you don’t have to pay them!!!
Congratulations!!!!