Social Security has posted all of it cost of living adjustments in the Federal Register.
Among other things, the maximum user fee for attorneys representing claimants goes up to $104 next year. Of course, there is no increase in the maximum fee that attorneys can charge.
I've noticed over the years that Republicans in Congress seem to think that federal domestic agencies are infinitely wasteful. They believe that operating budgets can be cut and cut without any effect upon the public. There seems to be a parallel attitude by Social Security management. Allowing the fees that attorneys can charge to represent claimants to keep going down by not adjusting for inflation can't possibly have any effect on the public. Attorneys are infinitely inefficient and infinitely wealthy. They can absorb anything.
ReplyDeleteI agree that the $6000.00 fee agreement cap should have been raised years ago. Especially with the rising inflation rate. It is outrageous that the max fee remains frozen at $6000.00 while the user fee is going up again
Of course another option is to file a fee petition, if the time spent on a case warrants a fee of more than $6000.00, less user fee. That is a good way around the $6000 fee cap.
I'm not an attorney, but I am well aware that no lawyer (well, no honest one anyway) is going to get rich representing Social Security disability claimants. One would think, given that Congress includes many attorneys, it could be more generous or at least keep up with inflation.
ReplyDelete@11:25, filing a fee petition is a POSSIBLE way around the $6,000 fee cap. It's not a "good way" because it's far too slow, and far too frequently denied by the Agency.
ReplyDeleteI have great appreciation for SSA claimants attorneys, however, that does not pay the bills. But know all of you that represent SSA claimants are VERY appreciated. What you do, regardless of pay, is lifesaving to so many individuals. Know claimants need and thank you all daily. And from this claimant, I thank ALL of you for what you do. My attorney thanked ME! I told her, "No... the thanks belongs to you." And, again, that goes for all of you. Thank you. :-)
ReplyDelete@4:09 PM
ReplyDeleteFee petitions are not routinely reduced unless the documentation does not support the fee.
If your fee petition has opening a three separate events described only as a "CONGA DOC MERGE", yes, your fee is getting reduced. If your itemization shows billable time for anything that registers you for payment (old 1695), it will be excluded.
Most petitions in may area are approved at the stated billable rate even though SSA does not set a rate for payment. And the days of $600 fee petitions when there are no past due benefits are gone. Requests for $1,500 for no past due benefits are being approved when the documentation supports it.
What I don't understand, is the mechanism for tying increases to inflation, is right there with how COLA for Social Security and SSI payments is automatically determined by CPI-W. Why shouldn't that same calculation automatically be useful in raising the limits on attorney fees, SSI resource and income limits, etc?
ReplyDeleteBecause that seems logical and a reasonable suggestion and the government is anything but logical or reasonable.
DeleteFee agreements are contracts between a representative and lawyer. You cannot decide to charge more than the agreement calls for "and get around the fee cap problem" unless that is what your agreement provides. And if it does, you will have to file a pee petition in every case since that agreement would not be approved under the automatic provisions.
ReplyDeleteAnd, to 10:13 that is what you would think but the statute authorizing the increase is stated in permissive terms and not mandatory terms. It is, at least as interpreted, totally up to the Commissioner to determine the increase, subject to a limitation in the amount of the increase based on changes in inflation.
Looking forward to my cost of living DECREASE. We Social Security Reps are the only people on earth that get our income reduced when there is a cost of living increase. Our maximum attorney fee after user fee will go DOWM to $5,896 as a result of the cost of living increase since our user fee is increased but not the cap. This has got to be the most absurd Kafkaesque situation in America.
ReplyDeleteWell, sounds like you belong to the regular work force. My total income is going down too...welcome!
Delete1:14 everyone at your office will have a decrease unless you plan to pay your staff a 6% raise in pay. So I dont think you are the Lone Ranger, every worker in America will face the same.
ReplyDeleteIf you lose a nickle on every cheeseburger you sell, selling more cheeseburgers isnt going to make you more money.
ReplyDeleteBusiness 101
at 9:41PM... your income is going down too, eh? so we're in the same boat? the max fee hasn't been increased in 12 years. my daughter was in the 3rd grade at that time. now she's old enough to buy me beer. just by chance, have you also been w/o a raise in the last 12 years? nah, didn't think so.
ReplyDelete