here
November 20, 2019

How Much Will My Social Security Disability Payments Be?

How much will my Social Security disability payments be?  This is a question I hear very often.  It is an important question, but not one that is easily answered until you win your claim.  There are many factors that go into calculating your disability payments from the Social Security Administration.  It is important to remember there are two distinct programs that can pay disability payments: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Social Security Disability Insurance payments are based on your average earnings over a period of years.  Your contribution to the Social Security trust comes from FICA tax withholdings taken from your earnings.  In other words, any money that you receive and do not pay taxes on is generally not providing for SSDI benefits.  Further, the severity of your disability does not impact the amount of money you will receive.  Rather, the more you pay into the system, the more your payments will be.  Periodically, the Social Security Administration will mail out benefit estimates that may give you an idea of what your monthly disability benefit could be. Your actual monthly payment amount will be determined by the SSA after winning your claim, and you should receive an award letter detailing these payments. Supplemental Security Income benefits (SSI) are paid out on a financial need basis.  What this means is the Social Security Administration will determine your monthly payments by considering other monies and resources that you may have available to you.  Resources such as money you earn through working, your living arrangement, and other money you receive from additional sources are among just a few of the factors that are taken into consideration.  If you win your SSI claim, the Social Security Administration will conduct a resource interview with you to determine your monthly payments.  The … Continued

Filed under: Social Security Disability Benefits || Tagged under:
0 comments || Author:

August 3, 2016

What is a Contingent Fee Agreement?

If you have applied for Social Security disability benefits and have been denied, you may have been advised to hire an attorney to help you appeal your case.  However, you might be worried that you can’t afford an attorney – after all, aren’t lawyers famous for charging high hourly rates for every second they spend on each case?  Fortunately, if you hire an attorney or representative to help you with your disability appeal, your case will be handled with a “contingent fee agreement.” The Social Security Administration (SSA) has rules about how attorneys can charge clients for disability appeals.  Basically, if an attorney wants Social Security to approve his or her fee agreement, it must meet the following criteria: 1. You (the client) only have to pay the attorney if your claim is granted (if you “win” your appeal). 2. If you win, the attorney receives 25% of any back pay you receive. (“Back pay” is the money you receive from Social Security to cover the benefits you should have received while you were waiting for your claim to be processed and/or your appeal to go through.) 3. If your claim is granted at the initial application, request for reconsideration, or hearing level, the attorney can receive no more than $6,000, no matter how much back pay you receive. 4. If you lose at the hearing level and have to appeal your case to the Appeals Council or file a claim in federal court, most attorneys have a slightly different fee structure. Typically in those cases, the attorney receives 25% of your back pay without the $6,000 cap.  However, the attorney will likely have to submit a statement (called a “fee petition”) showing how much time he or she spent on your case in order for the fee to be approved. In … Continued

Filed under: Claims Process, Indiana Social Security Disability Attorney, Social Security Disability Attorney || Tagged under:
0 comments || Author: