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How Attorney Fees are Calculated and Paid



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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