REPRESENTATIVE: HIRE ONE EARLY OR HIRE ONE LATER?
REPRESENTATIVE: HIRE ONE EARLY OR HIRE ONE LATER?
Most people who file a Social Security disability claim end up hiring professional representation. Many claimants will wait until after their application has been denied to hire a representative. Looking at that practice from the standpoint of fees or cost to the claimant, however, calls the practice into question.
Since a representative cannot charge a feel until after a claim has been won, and since he/she can only charge a fee based on recovery of back payments, the odds are that the fee won't vary a great deal, regardless of when the representative was hired. The big difference is how much help the representative can be to the claimant. If he or she can help get the claim approved in the initial stage, it avoids the need for an appeal and therefore reduces the fee drastically. So I'm not so sure that delaying in appointing representation saves money. In the long run, it may cost more money.
In Alabama over 70 percent of Social Security disability claims are denied at the first level. We must wonder if more of those could be won if a qualified professional advocate were involved from day one. Unless there was a fairly substantial period of disability that occurred prior to the filing of the application, it is likely that the representative will not earn very much in fees--because fees are only allowed on recovered back benefits. Social Security will deduct 5 months from the date of disability to the date of the first payment. Thus, if you are found disabled on June 1, you will not be eligible for a benefit payment until November 1. The representative is not paid for that 5 month period because there were no benefits.
Social Security laws are, in my opinion, written to favor the claimant - which is as it should be. The law encourages claimants to get qualified representation and provides that they may do so without paying excessive fees. Incidentally, there is a maximum "cap" placed on the amount of fees that can be charged, regardless of how much the claimant recovers in back pay. Any fee must be approved by Social Security before is can be collected, offering further protection to the claimant.
Since a representative cannot charge a feel until after a claim has been won, and since he/she can only charge a fee based on recovery of back payments, the odds are that the fee won't vary a great deal, regardless of when the representative was hired. The big difference is how much help the representative can be to the claimant. If he or she can help get the claim approved in the initial stage, it avoids the need for an appeal and therefore reduces the fee drastically. So I'm not so sure that delaying in appointing representation saves money. In the long run, it may cost more money.
In Alabama over 70 percent of Social Security disability claims are denied at the first level. We must wonder if more of those could be won if a qualified professional advocate were involved from day one. Unless there was a fairly substantial period of disability that occurred prior to the filing of the application, it is likely that the representative will not earn very much in fees--because fees are only allowed on recovered back benefits. Social Security will deduct 5 months from the date of disability to the date of the first payment. Thus, if you are found disabled on June 1, you will not be eligible for a benefit payment until November 1. The representative is not paid for that 5 month period because there were no benefits.
Social Security laws are, in my opinion, written to favor the claimant - which is as it should be. The law encourages claimants to get qualified representation and provides that they may do so without paying excessive fees. Incidentally, there is a maximum "cap" placed on the amount of fees that can be charged, regardless of how much the claimant recovers in back pay. Any fee must be approved by Social Security before is can be collected, offering further protection to the claimant.
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