Disability-Nurse.com

Law Office of Linda Markowsky, R.N., Esq.    

helping people who cannot work any longer
get the social security disability insurance benefits they deserve  


 

 

 

 

 

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OUR FEES, IN PLAIN ENGLISH                                 

We only get paid if you win your case -- our fee would be 25% of your total back benefits or $6,000, which ever is less

NOT SUCH PLAIN ENGLISH

We handle all Social Security Disability cases on a contingency basis which means that we do not get paid unless you win your claim.  The fee we charge is the Social Security Administration's suggested ("expedited") fee: 25% of your total back benefits, including Disability Insurance Benefits, Supplemental Security Income, and Auxillary Family Benefits, up to a maximum fee of $6,000, but we only receive a fee if you are successful.  This maximum fee is determined by the Commissioner of Social Security and is occasionally subject to change by the Social Security Administration.  The cap is currently set at $6,000.  The SSA also allows representatives to charge a fee totalling 25% of the back benefits ("fee petition"), but we voluntarily adhere to the suggested cap.   

We understand that Social Security Disability claimants are often undergoing financial hardship.  Our decision to adhere to the Social Security Administration's suggested cap ensures that you will receive your benefits as soon as possible, and that you will not be overcharged. Twenty-five percent of your back benefits may come to considerably more than $6,000 -- but why should you pay more than SSA's suggested cap for representation?  Additionally, all attorney fees in a Social Security claim must be approved by the Social Security Administration, and fee agreements other than the "expedited fee agreement" (agreeing to the cap) can take many months to be approved.  In the meantime, the SSA will have held back 25% of the claimant's back benefits, pending the Judge's decision about how much the attorney should be paid.  In claims which involve both Disability Insurance Benefits and Supplemental Security Income, SSA may hold up payment of the back benefits until they have determined the proper attorney fee. 

We do NOT charge more if more than one hearing is scheduled, as many firms do, and we do NOT charge more than the SSA's suggested cap, potentially saving you thousands of dollars in attorney fees.    

YOUR BACK BENEFITS

Whether or not you will get back benefits if you are found disabled depends on several things, including when you became disabled and when you filed for benefits.

For Disability Insurance Benefits and for Disabled Widow's and Widower's Benefits, the benefits begin five months after the person becomes disabled.  But, back benefits cannot be paid more than one year prior to the date the claim was filed.

Disabled Adult Child benefits begin as of the onset date, but benefits cannot be paid more than six months prior to the date the claim was filed, or twelve months if the wage earner whose account is filed on himself or herself qualifies for disability insurance benefits.

SSI benefits begin at the start of the month following the date the claim was filed.

Eligibility for Social Security Disability Insurance Benefits is based on prior work, and the amount received will be based on your past salary and the amount of FICA taxes you paid.  Eligibility for SSI disability benefit payments is based on financial need.  The amount of the basic SSI check is the same nationwide, but some states (California, Massachusetts, New Jersey, New York, Pennsylvania, Rhode Island and Vermont) supplement the federal monthly benefit. 

ADDITIONAL COSTS INCURRED DURING YOUR CLAIM

We don’t charge for phone calls, postage, preparing and submitting reports and briefs, travel to the hearing, or other routine costs incurred in the development of your claim, but you are responsible for the cost of any medical reports from your doctors, hospitals and clinics.  

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