Advocate Fees

Advocate Fees List of Categories

Page 1 Page 2

What's a fee contract?
What's a fee petition?
Do I have to use a fee petition?
Can I set a price for my services?
Can I charge the client for out of pocket expenses?
Do I have to charge an upfront development fee?
Can I be reimbursed even if I loss the case?
What is a policy based fee structure?
Are there non-policy based fee approaches an advocate can use?
What's the difference between a fee petition and a fee agreement?
What's a fee contract?

In a Social Security disability claim, a fee contract is used by a representative to create a legal relationship between the client and his representative. A fee contract should describe the parties to the contract and the obligations and responsibilities of both parties. The contract should also contain protective clauses and your business rules of representation. You can also use the fee contract to describe your operational policies such as under what circumstance will you allow a refund or terminate service.

To top
What's a fee petition?

A fee petition is a form used by Social Security to describe all actions taken by a representative on behalf of a client. The fee petition form 1560 is usually accompanied by a list you create describing all actions taken for the client. If you use the ACM Pro software, you can enter your actions into the program. This would include telephone calls, meetings, visits to Social Security offices, visits to medical source, report writing, argument creation, communications, review of evidence, etc. The case action list or fee petition attachment can be automatically generated by the ACM software saving you a few hours of work.

To top
Do I have to use a fee petition?

No. You can use either a fee petition or a fee contract. However, Social Security has a right to request a fee petition with attachment even if you are using a fee contract. That is why we advise you to have the claimant sign both the contract and the fee petition when accepting the case.

To top
Can I set a price for my services?

Yes, but it probably won't stick. How much you are paid for a successful case varies depending upon a number of external factors such as the client's work history and pay level. In a Social Security claim, it is best not to state an amount. Instead, base your fee on either the contingency fee approach or one of two non-policy fee approaches offered in your course.

To top
Can I charge the client for out of pocket expenses?

Yes you can. It's important that you document your expenses and be able to explain to both the client and Social Security as to why the fee was paid out of pocket and what it was for. If the expenses were required to develop the case, these out-of-pocket expenses can be reimbursed upon completion of the case.

To top
Do I have to charge an upfront development fee?

No. You can purchase everything need to process the case out of your own pocket. Then request reimbursement at the end of the case.

To top
Can I be reimbursed even if I loss the case?

Yes. You have the right to request payment for all out-of-pocket expenses incurred on behalf of the client. The most common out-of-pocket expense is for the acquisition of medical records.

To top
What is a policy based fee structure?

A policy based fee structure is a fee approach that is written in the Federal Code. There contingency fee approach is the only policy based fee approach.

To top
Are there non-policy based fee approaches an advocate can use?

Disability Associates has created two non-policy fee approaches. These are the advance fee and the times-monthly fee structures. Because these fee approaches are non-policy based, they must be presented to the claimant as part of a private contract between the client and the advocate. As long as the non-policy fee amount falls within Social Security's regulatory guidelines, these approaches can work well for both the client and the advocate.

To top
What's the difference between a fee petition and a fee agreement?

A fee petition is a method used by Social Security to document the work performed by an advocate on behalf of a client. The fee petition requires that you list the exact actions and time taken to represent the claim. A fee agreement is a contract between the client and the non-attorney representative.

To top

Page 1 Page 2