SOL question SS attorney fees

[caiily]

What is the name of your state (only U.S. law)? CA

I was deemed by social security mentally and physically peramentally disabled due to past injuries, deciding factor injury was 3/06. Now today in the mail I get a notice from SS about a fee agreement with my past-due from 9/06 through 2/07 was $****.** with almost $600 being the maximum the "representative" could charge me for their work. I never heard from the attorney since 9/06; I thought they were paid already before I got my past due amount. Plus, I recall signing the contract around 7/06 after I was first denied my initial filing on my own. I was diagnosed with RSD and SS retired me on the diagnoses, the attorney never had to do anything. WHY would they file the fee agreement for payment now, when it is past the SOL? I thought they had already been paid .... they can't sue me for it legally, can they? I no longer have paperwork as over 4 years have passed. But it does say on the back they SS withheld that money to pay the representative. SO, how can they say I have to pay them?

 

[Willlyjo]

What is the name of your state (only U.S. law)? CA

I was deemed by social security mentally and physically peramentally disabled due to past injuries, deciding factor injury was 3/06. Now today in the mail I get a notice from SS about a fee agreement with my past-due from 9/06 through 2/07 was $****.** with almost $600 being the maximum the "representative" could charge me for their work. I never heard from the attorney since 9/06; I thought they were paid already before I got my past due amount. Plus, I recall signing the contract around 7/06 after I was first denied my initial filing on my own. I was diagnosed with RSD and SS retired me on the diagnoses, the attorney never had to do anything. WHY would they file the fee agreement for payment now, when it is past the SOL? I thought they had already been paid .... they can't sue me for it legally, can they? I no longer have paperwork as over 4 years have passed. But it does say on the back they SS withheld that money to pay the representative. SO, how can they say I have to pay them?

That is unusual! Usually, when your claim is accepted by the Social Security Administration, they with-hold the amount that is due your advocate/attorney for representing your interests while your claim was being processed. If for some reason they didn't do that in this case, your attorney/advocate may have a hard time collecting due to the passage of time and the fact there is a notation indicating the rep was paid with money that was with-held from your benefits.

 

[TheGeekess]

What is the name of your state (only U.S. law)? CA

I was deemed by social security mentally and physically peramentally disabled due to past injuries, deciding factor injury was 3/06. Now today in the mail I get a notice from SS about a fee agreement with my past-due from 9/06 through 2/07 was $****.** with almost $600 being the maximum the "representative" could charge me for their work. I never heard from the attorney since 9/06; I thought they were paid already before I got my past due amount. Plus, I recall signing the contract around 7/06 after I was first denied my initial filing on my own. I was diagnosed with RSD and SS retired me on the diagnoses, the attorney never had to do anything. WHY would they file the fee agreement for payment now, when it is past the SOL? I thought they had already been paid .... they can't sue me for it legally, can they? I no longer have paperwork as over 4 years have passed. But it does say on the back they SS withheld that money to pay the representative. SO, how can they say I have to pay them?

You need to check with the billing office of the attorney and SSA. They managed to not pay my attorney out of the backpay and the attorney came to me several years later. Make copies and document everything you send them. When I went back to work, I sent in their paperwork. They never registered it/received it. It's a huge bureaucracy and paper gets lost everyday.

 

[caiily]

ok, thanks. I feel better just know the the SSA has their money and it is the attorney's task to collect it if they have not and I do not owe them anything. Thanks!

 

[Onderzoek]

What is the name of your state (only U.S. law)? CA

I was deemed by social security mentally and physically peramentally disabled due to past injuries, deciding factor injury was 3/06. Now today in the mail I get a notice from SS about a fee agreement with my past-due from 9/06 through 2/07 was $****.** with almost $600 being the maximum the "representative" could charge me for their work. I never heard from the attorney since 9/06; I thought they were paid already before I got my past due amount. Plus, I recall signing the contract around 7/06 after I was first denied my initial filing on my own. I was diagnosed with RSD and SS retired me on the diagnoses, the attorney never had to do anything. WHY would they file the fee agreement for payment now, when it is past the SOL? I thought they had already been paid .... they can't sue me for it legally, can they? I no longer have paperwork as over 4 years have passed. But it does say on the back they SS withheld that money to pay the representative. SO, how can they say I have to pay them?

It is possible that SSA failed to pay your attorney fees directly and it has taken this long to get that figured out. Odd, but possible. If there was an approved fee agreement and the attorney was not paid by SSA (for whatever reason) and you did not pay the attorney directly, then SSA can and might pay the attorney now and then start collecting from you.

Get all your notices together. See what the attorney has to say.

If you signed a fee agreement early in the process and got approved quickly, it may seem that the attorney didn't have to do very much. But I also doubt that your contract states that your attorney would be paid by the hour or the amount of work he did. Since it is a contingency case, it is possible for an attorney to put a lot of time into a case and walk away with nothing. What does your contract state?

 

[BL]

What is the name of your state (only U.S. law)? CA

I was deemed by social security mentally and physically peramentally disabled due to past injuries, deciding factor injury was 3/06. Now today in the mail I get a notice from SS about a fee agreement with my past-due from 9/06 through 2/07 was $****.** with almost $600 being the maximum the "representative" could charge me for their work. I never heard from the attorney since 9/06; I thought they were paid already before I got my past due amount. Plus, I recall signing the contract around 7/06 after I was first denied my initial filing on my own. I was diagnosed with RSD and SS retired me on the diagnoses, the attorney never had to do anything. WHY would they file the fee agreement for payment now, when it is past the SOL? I thought they had already been paid .... they can't sue me for it legally, can they? I no longer have paperwork as over 4 years have passed. But it does say on the back they SS withheld that money to pay the representative. SO, how can they say I have to pay them?

Exactly what does the notice state ?

Does it State that you have to pay it ?

Maybe for some reason SSA is still holding it.

Why not gather any documents you have ever received and go to your local SSA office in person to speak to a representative about the issue .

If you received your Attorney/representative's fee ,then SSA may take it out of your monthly checks in smaller payments .

Have the indicated in any way in the letter that you have to pay it back?

Perhaps it's just noticing you and nothing else.

Go to the SSA Office and find out.