September 1995 • No. 4, Article
4
Attorneys Be Gone!
If the Social Security Administration has its way, as early as next year
it may become very difficulty for people applying for Social Security disability
benefits to secure legal representation on their claims. Since many applicants
for disability benefits are not in a financial position to pay an attorney
an hourly rate for representation, virtually all attorneys who specialize
in Social Security disability cases work on a contingency, collecting a
fee only if they win the case. Presently, the SSA withholds the fee in
disability insurance cases and pays it directly to the attorney. Under
the rubric of saving costs, SSA now proposes to eliminate fee withholding.
This will have the effect of making representation in Social Security cases
a very risky proposition for attorneys and, consequently, drive many attorneys
out of this area of practice. The SSA is certainly aware of statistics
which show that disability claimants represented by attorneys are awarded
benefits at a significantly higher rate than unrepresented claimants. Could
it be that the SSA would like attorneys out of the way so that fewer claimants
will ultimately be paid the benefits to which they are legally entitled?
You decide.
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The Hawkins Center
A Non-Profit Agency Providing Legal and Support Services
to People with Disabilities
101 Broadway, Suite 1, Richmond, CA 94804, Phone: (510)232-6611,
Fax: (510)232-2271
email: info@hawkinscenter.org
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