Question concerning SSD and Attorney’s Fees?

A little background…

I originally filed for full Disability under the SSA guidelines, due to severe back injury and severe depression, in June of 2004. Of course, it was initially denied, which we all know occurs in 95% of cases, so no worries there.

Hired an attorney for appeal, and we had the hearing in September 2006. Did the usual waiting game, and was again denied in March of 2007. The judge in the case cited evidence incorrectly, ignored 5 outside opinions of full disability, and stated himself that I was considered fully disabled, but he still denied it.

My attorney put me in contact with another attorney that files appeals for those type cases in Federal Court, and we proceeded. The paperwork was filed in June of 2007, and low and behold, just last week, it was approved. All he filed was 1 paper…nothing else. I never met with him, we spoke a total of 1 time on the phone, and he’s never sent me a copy of anything he’s done.

Is he still entitled to the full fee for representing me, even though he can in no way quantify receiving $5300 (that’s the cap…25% of the award would be much higher) by his actions? Also, do I still need to pay anything to my original attorney?

One more thing…does ANYONE know how long it will typically take for them to get my benefits started? His secretary alluded today to it taking another 6 months or longer…something about the government dragging their feet on sending the file back to the state for processing?

After all this time, I’m BEYOND ready to have this over with…

Answers below in Comments Section

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2 Responses to “Question concerning SSD and Attorney’s Fees?”

  1. Comment by Irish Amber

    You will have to look at your fee agreement to determine who gets paid and how much. Your second attorney probably got your complete file from your first attorney so even though he only filed one thing, he probably did using information compiled by the first.

    It does sometimes take a long time to start receiving benefits once you’ve been approved. Lots of people in line ahead of you, it takes time.

  2. Comment by armychick_2001

    It should start within 30 days of your last court hearing. If they play the waiting game with you, call your congressman and push him into getting it expedited faster.

    Both attorneys are entitled to 30% of your lump sum settlement. Usually, they have some type of agreement for sharing the money. You should call them both and ask. Your original attorney should get a “referral” fee from the attorney who succeeded in your settlement.
    But laws are different all over, so call and make sure.

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