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+  Social Security Disability Facts Forum
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| |-+  Dependent Benefits
| | |-+  My lawyer received $6000 from dependants back benifits
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Topic: My lawyer received $6000 from dependants back benifits  (Read 558 times)
jamess1970
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« on: January 08, 2017, 12:43:10 PM »

Was my lawyer entitled to this since the agreement did not spell out him specifically get part of dependant backpay? 
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Name: James
Location: ohio
Age at Application: 43
Disability: DDD, COPD, Post Laminectomy Syndrome (AKA Failed Back Surgery, Coranry Artery Disease, Multilevel Cervical Stenosis,
Date Applied: 12/2013
First Approval/Denial Date: 6/2014 Denied
Reconsideration Approval/Denial Date: 12/2014 Denied
Date Hearing Notice Received: August 2016
Hearing Date: Oct 5 2016 (Judge told me at hearing would approve claim)
ALJ Approval/Denial Date: Decision letter rec 10/31
Date Award Letter Received: Dec 5 2016
Date Back Pay Received: Dec 5 2016
Lit Love
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« Reply #1 on: January 08, 2017, 01:41:58 PM »

You can appeal it if it isn't in your contract.  My attorney did not attempt to collect on my child's benefits.  Some do, some don't.
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jamess1970
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« Reply #2 on: January 08, 2017, 04:09:00 PM »

Lit Love, how would I go about that?
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Name: James
Location: ohio
Age at Application: 43
Disability: DDD, COPD, Post Laminectomy Syndrome (AKA Failed Back Surgery, Coranry Artery Disease, Multilevel Cervical Stenosis,
Date Applied: 12/2013
First Approval/Denial Date: 6/2014 Denied
Reconsideration Approval/Denial Date: 12/2014 Denied
Date Hearing Notice Received: August 2016
Hearing Date: Oct 5 2016 (Judge told me at hearing would approve claim)
ALJ Approval/Denial Date: Decision letter rec 10/31
Date Award Letter Received: Dec 5 2016
Date Back Pay Received: Dec 5 2016
Helper
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« Reply #3 on: January 08, 2017, 04:24:00 PM »

Lit Love, how would I go about that?


Look at the letter from SSA outlining the attorney fees.  There should be information on appealing the attorney fee.  There is typically a very short deadline to appeal the fee.


Point of clarification  - when you say that the lawyer received $6000 from dependent's back benefits, do you mean that the lawyer received $6000 from you & $6000 from dependents.  Or $6000 total when your & the dependent benefits are combined?
Logged
Age at Application: 26 age of onset (but I did not apply until 28)
Date Applied: August 2011
First Approval/Denial Date: November 2011
Additional Info: I was fortunate to be approved on my initial application due to extensive medical records (12+ doctors) & documentation of unsuccessful work attempts even with significant accommodations
jamess1970
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« Reply #4 on: January 08, 2017, 06:43:06 PM »

Helper, he received $6000 from my backpay then received $6000 from my sons backpay, for a total of $12000. Which in my opinion is wrong!
Logged
Name: James
Location: ohio
Age at Application: 43
Disability: DDD, COPD, Post Laminectomy Syndrome (AKA Failed Back Surgery, Coranry Artery Disease, Multilevel Cervical Stenosis,
Date Applied: 12/2013
First Approval/Denial Date: 6/2014 Denied
Reconsideration Approval/Denial Date: 12/2014 Denied
Date Hearing Notice Received: August 2016
Hearing Date: Oct 5 2016 (Judge told me at hearing would approve claim)
ALJ Approval/Denial Date: Decision letter rec 10/31
Date Award Letter Received: Dec 5 2016
Date Back Pay Received: Dec 5 2016
Lit Love
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« Reply #5 on: January 08, 2017, 08:40:07 PM »

It's not wrong if you agreed to it.  It is wrong if you didn't.  I believe your attorney had to provide SS with a copy of the fee agreement, so read it again carefully.
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« Last Edit: January 09, 2017, 09:48:30 AM by Lit Love »
jamess1970
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« Reply #6 on: January 09, 2017, 09:00:27 AM »

Lit Love, I did read it again and it seems to be the total of both claims he should only receive $6000, here's a copy of it so in case I'm reading something wrong:

We agree the if SSA favorably decides the claim(s), I will pay my representative a fee equal to the lessor of 25 percent of the past due benefits resulting from my claim(s) or $6000.00. (Or such higher amount as the Commissioner of Social Security my prescribe pursuant to section 206 (a) (21) (A) of the Social Security Act)

We understand that Social Security past due benefits are the total amount of money to which I and my auxiliary beneficiary(ies) become entitled through the month before the month SSA effectuates a favorable administrative determination or decision on my claim.

We understand the Social Security past due benefits are the total amount of money to which I and any auxiliary beneficiary(ies) become entitled through the month before the month SSA effectuates a favorable administrative determination or decision on my Social Security claim and the Supplemental Security Income (SSI) past due benefits are the total amount of money for which I become eligible through the month SSA effectuates a favorable administrative determination or decision on my SSI claim. We further understand that the fee for both claims may not exceed the lessor of $6000.00 (Or such higher amount as the Commissioner of Social Security may prescribe pursuant to section 206 (a) (2) (A) of the Social Security Act) or 25 percent of the combined past due benefits.
Logged
Name: James
Location: ohio
Age at Application: 43
Disability: DDD, COPD, Post Laminectomy Syndrome (AKA Failed Back Surgery, Coranry Artery Disease, Multilevel Cervical Stenosis,
Date Applied: 12/2013
First Approval/Denial Date: 6/2014 Denied
Reconsideration Approval/Denial Date: 12/2014 Denied
Date Hearing Notice Received: August 2016
Hearing Date: Oct 5 2016 (Judge told me at hearing would approve claim)
ALJ Approval/Denial Date: Decision letter rec 10/31
Date Award Letter Received: Dec 5 2016
Date Back Pay Received: Dec 5 2016
grove800
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« Reply #7 on: January 10, 2017, 03:40:56 AM »

It sounds to me in plain English that he should only be receiving 6,000.00 total.  Are you sure you read all the fine print that put in the agreement?  You will need to contest that at the proper level by letter.  I believe helper ot lit love told you what to do.
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😊
Name: Vicki
Location: IL
Age at Application: 59. Age now 62
Disability: Hypogammagobulimannenia , aggressive arthritis spine, 4 level cervical fusion, chronic pain, DDD,COPD,
Date Applied: 7/2013
First Approval/Denial Date: 11/2013
Reconsideration Approval/Denial Date: 5/2014
Date OTR requested: 6/2014
Hearing Date: January 19, 2016
Date Award Letter Received: February 3, 2016. per benefit letter on my SS website
Date Back Pay Received: February 4, 2016 direct deposit
Additional Info: fully favorable letter by mail Feb 6, 2016. Medicare started Dec 2015
jamess1970
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People helped 7
Gender: Male
Posts: 93


« Reply #8 on: January 10, 2017, 06:10:15 AM »

grove800, I have a simple one page agreement. What I typed is what all the agreement says. I plan on filing a appeal today because I thought how I read it, it  was $6000 period!
Logged
Name: James
Location: ohio
Age at Application: 43
Disability: DDD, COPD, Post Laminectomy Syndrome (AKA Failed Back Surgery, Coranry Artery Disease, Multilevel Cervical Stenosis,
Date Applied: 12/2013
First Approval/Denial Date: 6/2014 Denied
Reconsideration Approval/Denial Date: 12/2014 Denied
Date Hearing Notice Received: August 2016
Hearing Date: Oct 5 2016 (Judge told me at hearing would approve claim)
ALJ Approval/Denial Date: Decision letter rec 10/31
Date Award Letter Received: Dec 5 2016
Date Back Pay Received: Dec 5 2016
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