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Old 11-07-2011, 10:34 PM
 
Location: Wisconsin
19,480 posts, read 25,149,937 times
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Hello, a dear friend of mine needs to apply for Social Security Disability but needs assistance (his disability is brain damage). Does anyone know how much attorneys usually charge for helping file claims? Is it usually an hourly fee or some percentage of the monthly payments or a combination of the two? Or does it vary from area to area or attorney to attorney? I have always received very helpful, accurate advice from this forum so I decided to ask here before calling a bunch of attorneys. Thanks.
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Old 11-08-2011, 05:50 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
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I'm sure it's very much dependent on geographical location. Best bet is to google for qualified attorneys in your area and see what comes up. Has your friend already tried to sign up online for SSDI? The step by step process is very simple and if he can't navigate it by himself then you or someone else could easily help him before enlisting the help of a paid attorney. Good luck!
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Old 11-08-2011, 07:57 AM
 
12,108 posts, read 23,278,346 times
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It is going to depend by region. I would expect to pay a set fee. That said,

1) Has he already applied and been truned down?

2) Does your area provide any legal aid in its social services division?

3) If you have a local law school, check with them. There are a number of attys who do pro bono work as part of their charitable giving.
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Old 11-08-2011, 12:13 PM
 
Location: home state of Myrtle Beach!
6,896 posts, read 22,528,515 times
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Anyone can help your friend apply online. We did this in the last few weeks and it was really easy though you need a lot of information to complete all steps. Your friend doesn't need to provide the proof of his illness...SSD will take care of all that leg work. We were advised not to hire an attorney until denial is received.
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Old 11-08-2011, 04:06 PM
 
Location: Wicker Park, Chicago
4,789 posts, read 14,744,746 times
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iF THIS IS YOUR FIRST TIME APPLYING JUST DO IT YOURSELF. I did and I got quickly approved. Here are some of my links:

Social Security Disability | SSI Disability | SSDI Application
Social Security Disability Insurance (SSDI) Q&A (http://www.cms.gov/apps/firststep/content/ssdi-qa.html - broken link)
Listing of Impairments - Adult Listings (Part A)
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Old 11-09-2011, 02:39 AM
 
Location: north america
379 posts, read 813,332 times
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Quote:
Originally Posted by germaine2626 View Post
friend of mine needs to apply for Social Security Disability
As a side note, I'd like to add a story about a firm that helped people file for S.S. Legend has it that they had a practice of unlocking the bathroom door while you were in it (1 person bathroom). I heard they would knock on the door and say, "Anyone in here?" If you didn't yelll loud enough, they opened the door with a key. (The door was not within reach.) So my advice is: don't use the bathroom! (if you're at this place)
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Old 11-09-2011, 08:49 PM
 
18,836 posts, read 37,360,870 times
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The attorneys are usually charging 40% of the initial payment, and since the payment can be usually over $20,000, because the claim is paid back to the date of original filing.

Your friend would be better off taking the paperwork, with all medical to the state employment office, usually people filing for SSDI, are asking for help with medical, there are specialsits there who can help legitimate claims get fast tracked.

If he is a veteran, they have specialists at the VA who will help him.

If a person has a legitimate claim, with the medical documentation, the hearing is a slam dunk. People hear stories of everyone getting denied, that is not correct. Yes, peopel do get denied, with "soft" disabilities, that merit review.

A state vocational rehabilitation agency is also a place he can get help.
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Old 11-09-2011, 09:09 PM
 
14,400 posts, read 14,303,039 times
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Quote:
The attorneys are usually charging 40% of the initial payment, and since the payment can be usually over $20,000, because the claim is paid back to the date of original filing.

Your friend would be better off taking the paperwork, with all medical to the state employment office, usually people filing for SSDI, are asking for help with medical, there are specialsits there who can help legitimate claims get fast tracked.

If he is a veteran, they have specialists at the VA who will help him.

If a person has a legitimate claim, with the medical documentation, the hearing is a slam dunk. People hear stories of everyone getting denied, that is not correct. Yes, peopel do get denied, with "soft" disabilities, that merit review.

A state vocational rehabilitation agency is also a place he can get help.
There is nothing wrong with filing for benefits first if you want to see if they can be obtained without payment of an attorney's fee.

That being said, allow me to correct some misinformation in this post. Attorney's fees in social security disability cases are limited by law to a maximum of 25%. How do I know this? I'm an attorney who actually has brought a disability benefits claim or two.

No one should assume either that the attorney always gets 25%. In my experience, its very hard to get a fee of 25%. I gave up bringing social security disability cases years ago because I didn't like the fact that the Social Security Administration forced me to file a petition to justify my attorney's fee--sometimes after literally years of work--before I could be paid. I remember I had to take one case through four layers of appeals after the SSA denied the claim before we prevailed. It took about two and one-half years of work. Even so, the SSA cut my fee to 17.5% of what was recovered. I think the total amount I was paid was around $10,000.

I really don't care if people choose to pursue these claims on their own. However, my experience is the SSA will fight tooth and nail in all, but the most clear cut cases (coma or paralysis). The exception would be when someone is quite old and is close to the age where they could claim retirement benefits, than the rules make disability claims just a bit easier.

Anyone who doubts this can check this cite. Look specifically at pages 430-431.

http://files.ali-aba.org/thumbs/data...CH07_thumb.pdf
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Old 11-10-2011, 12:46 PM
 
18,836 posts, read 37,360,870 times
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Perhaps I was incorrect on the payment, but I have seen attorneys get around that 25% rule more times than I care to think. Most cases that are slam dunk is legal blindness, terminal cancer, most types of paralysis, some TBI cases, depending on other conditions affected, like vision, fine and gross motor, and memory.
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