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Will SSDI lawyer Take out the max fee of $6000 from my backpay and my childs auxiliary backpay?

Coatesville, PA |

I am getting approx. $50,000 backpay from SSDI, which the lawyer gets 25% or max $6000. After decision, I went to SS office and applied for childs auxiliary benefit. My daughter is getting approx. $25,000. SS told me the lawyer will take the $6,000 from her benefit to! Is this true? Will the lawyer combine both backpays and take $6,000 or treat them separately and take $6,000 from each amount, for a total of $12,000 in fees???

Attorney Answers 4


  1. Yes. SSA explained it correctly. However, you should speak with your attorney to go over your fee arrangement.

    Any answers or information provided is for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the legal issues. This is not intended to create a attorney-client relationship. Each individual's situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state for specific information. Furthermore, no answer or information provided is the opinion of the SAM BERNSTEIN LAW FIRM.


  2. No, it is a combined total of $6000, not $12,000.

    Stephanie O. Joy, Esq., of JoyDisability, is an attorney licensed in New Jersey, but currently practicing federal Social Security Disability law in all 50 states from her PA office. Answers to questions are for general purposes only and do not establish an attorney-client relationship, nor do they constitute legal advice. Rather, if you need representation or legal advise, you need to make direct contact yourself, and inquire. We welcome and respond to all phone calls and emails.


  3. Yes, each person is separate, so the lawyer would get a max of 6k for one person and 6k for the other as well.

    I am licensed in Pennsylvania. Members of my firm are licensed in various states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation, social security disability and legal malpractice. Nothing I write on Avvo is legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in anything I write on Avvo without retaining your own lawyer in your state. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.


  4. If you and your attorney are using the fee agreement process, the most your attorney can receive under the fee agreement is $6,000 total. Under Social Security law, the fee is computed based on the total past due benefits for all beneficiaries awarded payments because of the favorable decision. See the following Social Security Web page for more information. http://www.ssa.gov/OP_Home/hallex/I-01/I-1-2-7.html. The only way your attorney could charge more than $6,000 is if you use a fee petition and Social Security approved the fee petition.

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