[walkerslbje]

I was talking to soc sec today setting up my kids benifits and I found out that my atty get paid for each of my kids also 25% up to 5300 per kid on top of what they got for me

what makes me mad was I Asked my atty point blank what the max I hade to pay her if I won my case and she said 5300
so she lied to my face now she is taking another 8000 from my kids benifits
I don't see how that is legal my kids did bot sign any papers nor were that in my award from the court so how is it that they can collect off of my kids that is insane she said she does 200 cases a year so times that by 13300 or more dear god they are making so much off of us
if she would have tolde that I would have never used her I would have just gone to court with all my papers

I am still happy I won my case just don't like being tricked at that is what she did and now I'm out 8000 that could have gone to paying bills just wanted to make sure everyone knew before they find out like I did take care

[Jomar]

I hope you don't mind that I spacing your post for those that are having visual or sentence tracking problems.
I tend to get lost in a post sometimes and spacing really helps.


It sounds like it is similar to workers comp on the atty fees and such.
They get a percentage of the settlement or final amounts with a limit at the upper end.

The atty should have had you sign papers that explained the fees, I know my wc atty did and the amounts you mention look quite similar.

Probably in your paperwork is the fee schedule.
I know I don't always save all those papers and I am not the most organized person. I have important papers in 3 different places

[karousel]

That doesn't sound right - but I may be wrong. Maybe something's changed since I was awarded SSDI 9 years ago. My attorney was only entitled to the amount set by SS at the time (now it is $5300) and this was also set forth in the contract I signed. My attorney did not receive a penny from the amount my daughter received.

[Hoosier_Daddy]

I don't think you have heard everything correctly. They can't take more than $5300. I think it is now up to $6000.

[karousel]

Up to $6000 now? Wow! I should have said it was $5300 right after I got SSDI.

[finz]

I've never heard of the lawyer getting a cut of the kid's benefits too. My attorney didn't charge for that.

I'm rather curious to see what Janke and SSDIHelp have to say on this. I wouldn't think it was legal.

[finz]

Curiosity overcame me......From SSA.gov:

"We base the amount of your (1) fee on the total past-due benefits for you and your family. Your past-due benefits are $ (2) for (3) . Under the fee agreement, your (4) can charge you $ (5) for his or her work. As soon as we make a decision on your family's claim(s) and decide the amount of their past-due benefits, we will tell them if your (6) can charge an additional fee. We also will say how much that fee amount will be.

The amount of the fee for your and your family's claims does not include any out-of-pocket expenses (for example, costs to get copies of doctors' or hospitals' reports). This is a matter between you and your (7) . "

The link is here: https://secure.ssa.gov/apps10/poms.nsf/lnx/0203940080

Looking all over that site, it looks like possibly the kids' back pay could come into play ONLY IF your back pay wasn't enough to generate the full fee ($6000 now, but $5300 in your case). It looks like the whole family benefit is maxed at the $5300.....plus reasonable expenses for copying records