I was approved for social security disability benefits and got my back pay check.My lawyer's office called me and said that SSA forgot to pay them 25% fee ,so that I owe them.Thank you.
You should pay your lawyer the 25% attorney as agreed. If you do not, the lawyer can ask the SSA to withhold benefits so that they're paid.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
You should pay your attorney their 25%. This error by Social Security is rare, but not unheard of. In the past 10 years of practice, I have probably had to ask my clients for the payment 3-4 times.
When the attorney notices a problem and notifies Social Security, it is usually too late for them to correct the problem and pay the attorney the agreed fee. The agency will generally ask the attorney to try to collect the fee from the client as the first, preferred option. Your contract does require you to pay your attorney, whether that is done automatically by Social Security, or by you paying a check or money order.
If your lawyer took a "fee agreement" limiting the fee to the lesser of 25% OR $6000.00, Then $6000 is MOST you can be charged. Even if 25% is more than $6000. But if your lawyer took a standard retainer of 25% without the "fee agreement" you might have to pay more, but the lawyer would first have to file a fee petition and have an approval letter from Social Security. Wait for the letter from Social Security telling you to pay the lawyer. They will tell you how much you have to pay. If you did not get such a letter ask your lawyer to send you the letter he/she got, saying they did not withold the attorney's fee.
This is merely a general response to a common inquiry and does not create an attorney-client relationship. You would have to visit a Workers Compensation / Social Security Disability attorney (as your needs may dictate) and retain them to establish an attorney-client relationship.
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