Attorneys and Payees

Since my original postings (2007) the backlog of ALJ (third level of appeal -- Administrative Law Judge) Hearings has been cut in half nationwide. Or -- at least -- the wait-times have been reduced from more than two years down to as low as six months. This is a good thing, as many people have exhausted their savings way before that amount of time has elapsed.

My advice to one-and-all is to be persistent in your appeals. If at any point you stop, you must then later start from the beginning again. If you retain an attorney at the ALJ level (most people do), you are not required to pay the lawyer except for miscellaneous charges like copying your medical records, independent medical examinations, phone calls, or other office incidentals. Attorneys by law cannot charge you a fee unless your case is won on appeal.

You do not need an attorney at the initial and reconsideration level, since the local Disability Office in your area (state DDS) will handle all your paperwork, and you probably will never see the examiners in person unless you specifically request a meeting. At whatever stage you decide to retain an attorney, they are entitled to 25% of your back benefits, or $7,000 -- whichever is less.

If you (or someone you are applying for) are determined by either a treating physician or another doctor to be unable to manage your own financial affairs, a payee will be appointed by SSA. That person is required to handle your benefits in your best interests, so it should be someone in your immediate family who you trust.