You will win your Social Security disability case and get paid, OR you will pay no fee and no expenses for your advocate or attorney's service.
The "contingency fee" arrangement required by Social Security works this way:
Your representative does all the work to file and develop your claim and/or appeal. This will include gathering all of the medical evidence and preparing to appear at any appeal hearings. It includes attending the hearing as your legal representative. No fee is charged and no expenses may be collected until BOTH of the following takes place:
A. Social Security agrees that you are disabled and pays your claim, AND
B. Your claim results in the payment of retroactive or "past due benefits," also called "back pay."
When these two conditions have been met, Social Security will approve a fee payment to your attorney/representative (based on the amount of backpay) and will withhold the approved fee from past due benefits and pay the representative directly.
This explains why attorney/representatives are careful in accepting new cases--because they can only get paid if they win and collect back pay for the claimant. Otherwise, all of their work is for free. But this also protects the claimant against running up fees for legal representation and then losing their case. Simply put, if you don't collect money you don't pay the attorney/representative. It's the closest thing to a risk-free proposition that exists in the US economy.
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