Fees for a Social Security Attorney

**Cliff** · 03-13-2012, 04:53 PM

My workers compensation claim was made in the State of: CA
I am going to apply for SS benefits, I met with any attorney and signed the fee waiver for him, it states that not only does he get 25% of back pay he gets an additional fee for getting medical records, photocopying and reports, is this normal? I thought this was included in the fee he got if I should win. I need to tell the atty I changed my mind before it is to late.

**norma** · 03-13-2012, 05:02 PM

I am in ny, and my husband had to retain a ssd attorney. They also told him that they can only get up to 25% of his back pay not to exceed 6000.00 dollars. They also told him that he could deposit $150.00 to cover expenses such as his attorneys getting the medical reports from his doctors office. some md charge like 75 cents a page. but the attorneys also told my husband that if he didn't have 150.00 dollars to deposit, not to worry they will just take any extra fees out of his back pay.

**Cliff** · 03-13-2012, 05:07 PM

Oh ok, thanks, the form I have does not have a fee stated for the "extras" so the sky could be the limit, I am having such a hard time with my work comp attorney right now I am really leary.

**complwyr** · 03-13-2012, 07:40 PM

There are two things in a typical contingent fee contract. First is the attorney's fee, which is the lawyer's pay for doing the work. That is typically 25% in an SSD claim, subject to the limit set by law of a $6000 or so, and this is paid out of the back-due SSD benefits if you win. That is how the lawyer gets paid. That is how the lawyer pays his employees and feeds his kids.

The second thing you would usually owe are the advanced expenses or costs. These are the out of pocket expenses the lawyer has to pay to get your medical records, copy them and send them to the SSA, and possibly other expenses. These costs are in addition to the fee the lawyer is charging. Expecting the lawyer to pay this stuff out of his fee would be like your old employer expecting you to buy gas for the company truck out of your pocket when you use the truck for company business.

Doctors in some places charge $75 or more to give your lawyer your medical records, which is basically the doctor ripping you off, since you eventually have to repay the lawyer these costs or expenses. But the doctors seem to think that the lawyers are the ones who are paying those ridiculous charges for a few pieces of paper, so they are not concerned about it. IN reality, after your lawyer spends his own money to get these things, he will expect you to reimburse him. He is not making a profit on these items. He is just getting back to even.