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In all Social Security
Disability and Supplemental Security Income (SSI) cases,
the rules for calculating attorney fees are the same. The
fee is set by federal regulation – 25% of the back
benefits obtained for the claimant, up to a maximum fee of
$5300.
As an example, if a claimant received back benefits of
$10,000 the attorney fee would be 25% of that amount –
$2500. If the back benefits were $30,000 the attorney fee
would be limited to the maximum of $5300, even though that
is less than 25% of the total back benefits.
When the Social Security Administration grants
past-due benefits to a claimant, the attorney fee is withheld from
the back benefit paid to the successful claimant.
Twenty-five percent is withheld, Social Security approves
the fee, and the fee is then sent directly to the
attorney.
Confusion may arise when a claimant is paid both SSI and
Social Security, a very common occurrence. Part of the fee
may come from each, but in no event will the total fee be
more than $5300.
The Social Security Administration sends award letters to
claimants after they win their claims. Unfortunately,
these letters often give incomplete or misleading
information about the attorney fee calculations.
At Kraft & Associates
there is no charge for the initial Social Security or SSI
consultation. We invite you to contact us with any
question you may have regarding Social Security
disability.
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