Legal Question in Social Security Law in Pennsylvania

Is there a maximum % or set amount an attorney can charge in your case

I have recently recieveed a favorable decision for SSI benefits. I have been told that, I am not sure if it is in the state of Ohio only, That an attorney can collect up to $1000.00. All totaled from a client. A few times in the past 3 yrs I have paid to them $15.00 -$150.00 for expenses incurred. The agreement I signed at my local welfare office was for (what I now know)attorney to recieve 25% of settlement. My case was initinally opened in 2000, but never came to the hearing stage until I starting having serious health problems & began to call everyday for status on a court date. I lived in Ohio when I filed but have moved to P.A. in August 2003. All of my case info was left in Ohio since my date was coming up.I have done Alot of phone work to get this moving along and never got anywhere with attorney. What are the laws regarding this. Please respond A.S.A.P. as I am to recieve my retroactive check in 7-10 days. Thank You For your time.


Asked on 10/01/03, 11:28 pm

1 Answer from Attorneys
Randall Selagy F. Randall Selagy, P.C.

Re: Is there a maximum % or set amount an attorney can charge in your case

Social Security is a Federal law and fees are regulated and capped by federal law. State laws do not effect federal SS law. Your written, signed fee agreement controls what you pay - if the written fee agreement is approved by the Social Security Admin.

The general fee rule is: 25% of all past due benefits up to a maximum of $5,300.00. If your case went passed the first ALJ hearing, your attorney should submit a Petition for Fee Approval if he wants more than $5,300.00 No regulation controls costs and expenses.

Reda the Notice of Award or other written document from the SSA that explains your past due benefits and (should) state what amount your attorney can charge based on the written, approved fee agreement. If you are not happy with the approved fee, you may contact the ALJ or other person mentioned in the Notice within 15 days and state your objections to the approved fee.

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Answered on 10/02/03, 7:37 am


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