A maximum fee, lesser of 25% or any due benefits awarded, or award established 42 U.s.c 406(a)2(2)(A) set at 6,000. If social security does not decide the claim and it goes to appeals court, admin law judge, or federal the reserve the right to file a fee petition seeking a fee greater than 6,000 not no more than 25% of pass due benefits. I agree I am responsible for any fees associated with obtaining medical records, reports and any additional documentation.
No you are confusing many levels of Social Security decisions and other terms.
The fees are 25% or $6000, whichever is less, of any past-due benefits awarded. If there is no award of benefits there is no fee (it is contingent.) This includes decisions made by an administrative law judge.
The fees are 25% via a fee petition if the award of benefits is made by the Appeals Council or the United States District Court or by an administrative law judge after a remand (being sent back) for another hearing.
If the award is made by US District Court, most experienced attorneys will ask for Equal Access to Justice Act (EAJA) fees, under the appropriate circumstances - these fees are limited to 25% but are not paid from your benefits and may be paid to the attorney based on just a remand for another hearing rather than requiring an award of benefits.
But really, you do not need to worry about all this mumbo jumbo technical detail as all Social Security attorney fees must be approved by the Social Security Administration or the US District Court and are set and limited by law.
Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.
Mr. Wayson is right - the mumbo jumbo can be confusing.
The fee arrangement you have quoted sounds like it is correct. The charge if you win at a hearing is 25% or a maximum of $6000. The charge if you lose at a hearing but then win on appeal, as with most attorneys, is a flat 25% of past due benefits.
Hope that helps
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