SSDI attorney fees may be more for court representation

According to Social Security law, attorney fees for Social Security Disability Insurance claims are limited to 25% of recovered back benefits or $6000, whichever is less. But in a recent Supreme Court ruling it was determined that the cap applies separately to attorney representation before the courts and attorney representation before the Social Security Administration. That means that the cap is in effect when a client’s SSDI claim is resolved within the Social Security Administration, but if adjudication goes to court a separate fee capped at the same level may also be charged. Essentially, this means that the agency (SSA) can, if a case must go to the courts for final determination, award SSDI attorney’s a ‘reasonable” separate and additional fee which exceeds the 25% of past-due benefits recovered, . Click here to read the blog on this topic from the Supreme Court of the United States (SCOTUS).

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