There have been rumors that an increase in the cap on fees that attorneys can charge for representing Social Security claimants is coming. That hasn’t happened yet but Social Security just saw fit to update its POMS manual section on increases in the fee cap.
I will say, though, that I look at these POMS updates generally and a lot of the time I wonder why they bothered with the update.
9 comments:
Six thousand, six, do I hear seven who’ll give me seven Seven I hear seven it’s at seven now
Seven Seven who’ll give me eight it’s at seven let me hear it eight eight eight nobody for eight
Seven going once, going twice....
The reason for the pointless POMS updates is that some executive needed to have their staff update a certain number of POMS to meet their arbitrary SES goals (that their employees also wrote) for the year. The SES corps at SSA doesn't even write their own e-mails.
My sources say it will be around $8000. It should at least be $10,000. We will see.
$8,000 would be appropriate if you are comparing the raise to prior fee cap raises. There are very few cases that would reach a $10,000 fee cap, so I would be happy with 8k. Frankly, I would just like to be paid on the cases I win. The main FO I have been dealing with in NY has been screwing up attorney form processing, which has resulted in several failure to withold errors. Extremely frustrating.
Failure to withhold happens too often.
However when failure to withhold occurs, in the end the attorney gets paid: either directly from the claimant, or from SSA after an overpayment is posted.
So failure to withhold for the attorney, only means a short delay in receiving payment.
@4:05
"So failure to withhold for the attorney only means a short delay in receiving payment."
A short delay? Really? It takes anywhere from 6 to 24 months, and often longer.
@4:05
It is not a short delay, and can require hours of additional follow up with the claimant and SSA to resolve. It is much more than minor inconvenience. I have one SSI claim now where the local office is not cooperating on issuing a failure to withhold notice. They tell me to ask for payment directly from the claimant, despite there being no authorization for payment.
Its been our experience that local offices simply try to ignore the failure to withholds until you go above their heads.
While most failure to withhold (FTW) requests are legit, I also have to wade through the ones which are not. It is very time consuming.
Examples I've recently seen, where attorney requested FTW.:
*Atty already paid max fee under fee agreement from NH, requests FTW for children. But no additional fee is due.
*Children not listed on NH app, and file later, after NH award input. Atty is not due fee from aux. FTW does not apply.
*Attorney doesn't submit SSA1696 until after NH award processed. There is no FTW, as SSA didn't erroneously release the fee.
*No past due benefits, as we adjudicated award in month of entitlement. No FTW. Fee petition needed, and then attorney needs to collect from HA.
*Attorney quit or was discharged before we process award. Fee agreement cannot be approved, and SSA cannot issue direct payment. Attorney needs to file fee petition and collect from NH.
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