Advocate Billing List of Categories

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Is it necessary to have the client sign both the Fee Petition and Fee
Contract?
What's the difference between a fee contract and a fee petition?
Can I charge the client by the hour?
Can I set up a payment plan?
Has Disability Associates ever offered a pay plan?
What's the most popular payment plan for applicants?
Will Social Security collect my fee?
I'm new at disability advocacy. Can I join Social Security's pilot program?
When do I submit my fee agreement?
When do I submit my fee petition?
Is it necessary to have the client sign both the Fee Petition and Fee Contract?

No, but it would be wise! You should have the client sign both the fee petition and fee contract to save time and cover the fee in case there are no back benefits being paid to the client. Both the petition and
contract should be signed even if you only intend to use one or the other. You can send a copy of your signed contract to Social Security at anytime during the case. However, you should not send in the fee petition to Social Security until the case has been successfully adjudicated; and you and the client have been notified of the disability decision.

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What's the difference between a fee contract and a fee petition?

A contract is a formal written agreement between the disability advocate and the disability applicant. The contract describes the who, what, where and when relationship between the advocate and client. A fee
petition is a list of activities performed by the advocate on behalf of the client. A fee petition usually shows what activities where performed by the advocate and how long it took the advocate to complete the
activity. Social Security likes fee petitions because the petition actually shows Social Security what you did and the final outcome. Social Security uses this information to authorize your fee.

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Can I charge the client by the hour?

Yes (but). If you do charge by the hour, make sure you use the fee petition attachment. Social Security will want to know what you've done for the client to earn the hourly wage. Even if you request an hourly
fee, you'll still end up either being paid based on back benefits or you'll be paid based on the amount the client receives in a monthly benefit.

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Can I set up a payment plan?

Yes. However, any payment plan that you construct is between you and the applicant. The terms of the plan should be incorporated into your fee contract with the client.

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Has Disability Associates ever offered a pay plan?

Yes. If you're going to set up a payment plan, here are a few suggestion:
1. Keep the plan as short as possible. Never extend a plan beyond one year.

2. Make sure that the details of the plan are outlined in your fee contract.

3. Do not offer a payment plan to everyone. We only provide plans to folks who are so hard pressed that a single payment would destroy them financial.

4. Take the time to explain your plan to the client.

5. Make sure the client signs your fee contract.

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What's the most popular payment plan for applicants?

Many of our clients have liked a three payment approach we use on occasion. In this approach, the client is allowed to make three equal payments for representational services rendered.

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Will Social Security collect my fee?

No. Social Security usually does not collect fees for an advocate. If you won't to get paid directly from Social Security, you'll need to consider taking part in Social Security's non-attorney advocate pilot certification program.

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I'm new at disability advocacy. Can I still join Social Security's pilot program?

We do not believe that a new student should join the pilot program. It's not just that the program requires that the advocate has experience. We feel that the benefit of being paid directly from Social Security is not worth the costs and hassle of the pilot program at this time. Social Security needs to lower the fees and ease the requirements a bit. Social Security is asking that those entering the pilot program have experience represented at least five cases within a one year time frame. You'll also have to pay Social Security $1000 to take their examination. Social Security is also asking for a number of other requirements including liability insurance.

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When do I submit my fee agreement?

We usually submit our fee contract at the time of application. However, you may submit your fee contract at time prior to a decision by Social Security in the case.
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When do I submit my fee petition?

A fee petition should not be submitted to Social Security until a favorable decision has been made. Upon notice that the claimant has been found disabled, you may then submit your fee petition with attachment
and bill the client.
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