If Your Case Is Awarded Social Security Benefits, How Is the Lawyer Paid?
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by: albert.tobega
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Q: Once you reach retirement age, do you get social security benefits from both the social security retirement program and the disability program?
A: No, you cannot receive both retirement and disability payments. Once you reach full retirement age, you will collect only payments from the retirement program. The amount you receive in social security benefits, however, will remain the same. The conversion will happen without the need to apply for anything.
Q: Should you be worried if Social Security is reviewing your disability claim and you currently receive social security benefits through the program?
A: All claimants that receive disability benefits will have their file periodically reviewed. Ideally, the agency is supposed to do that every 1, 3 and 7 years. Since there can be a backlog of cases, the reviews may not happen for a year or two after they are supposed to. That is why you hear of some cases that have not been reviewed for years after initial approval. Do not be concerned if your case is currently under review. A review is supposed to be done. Just because your file is being reviewed does not mean you are in jeopardy of losing your social security benefits. The reviews are conducted to make sure your claims representative has all the current data about your injury, treatment and ability to work. Most cases that undergo a continuing disability review are approved for continued social security benefits. There needs to be medical data that demonstrates that the condition has resolved to a point that a person could take on employment, in order for payments to stop. It is possible that the case examiner will ask that you undergo a medical examination, if you have not been treated by a physician in quite a while. Again, that is not a sign that you are in jeopardy of losing your social security benefits. The purpose of the exam is to assure your case has current and thorough data.
Q: Do you still have to pay your social security lawyer if your disability case is denied?
A: A social security disability attorney is paid from your awarded benefits. The lawyer payments are established by Social Security. Your lawyer will collect 25 percent of any retroactive benefits for which you are paid. Even if you are awarded years and years worth of retroactive benefits, the maximum amount your attorney can receive is a little over $5000. If your claim is denied benefits, your attorney does not receive a payment.
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