it said you promise to pay him 5300.00 of our settlement or 25% which ever is more. Does that sound fair, we live in oklahoma.
2006-09-10 17:46:32 · 4 answers · asked by Anonymous in Business & Finance ➔ Personal Finance
What an attorney "wants" isn't up for debate.
What the attorney receives is what the SSA laws tells them they are going to get. Plus, the attorney does not receive payment from your hubby, but from the SSA.
[SSA quote]
If the SSA’s approves your claim, it will send you a check for retroactive benefits, a check covering the months your case was pending in the Administration. Upon your claim’s approval, the SSA withholds the smallest of 25% or $5,300.00 from your retroactive check and sends the money directly to your attorney as your fee. [/quote]
So, the amount coming out of your hubby's SSDI check would either be 25% or $5,300 - which ever is the "SMALLEST" - not "more" like your hubby's lawyer is trying to get your hubby to agree to.
Don't let your hubby agree to anything like that with the lawyer !!!!!!
If that lawyer tries to get your hubby to pay what is not allowed, that lawyer is breaking the law and should be reported to the Ok. State Bar Assoc.
Don't let that lawyer take what is not legal to take.
2006-09-10 19:14:22 · answer #1 · answered by echo 7 · 1⤊ 0⤋
I thought it was cute that you called your husband's case as filing "our" case. Actually the disability case is your husband's case only. Only he will be in court.
The form is proper because it's all dependent on how much work they have to do on the case. If your husband did a lot of the research, provided the names and addresses of the doctors, provided the x-rays, paid for and provided the psychologists testing results and review, did all the leg work of writing the letters and the case was AN EASY ONE (doesn't have anything to do with Oklahoma) then the amount the attorney wants would "possibly" be lower.
Most disability cases get refused the first time around and have to be resubmitted by the attorney so they do earn their fee. Remember that you can't do this without an attorney, and an attorney is a member of the court and sides with the judge so your husband will have to discuss the case with the judge when he gets to court, and, he must be convincing.
Most of the $5300 will come from the amount won and that's dependent on how much your husband earned in the last job/jobs he worked at. But he will still owe a balance and should be able to pay that from the award he gets. Just have him sign the form and return it to the attorney so the attorney can get on with his/her work and move this case forward.
2006-09-11 01:12:24 · answer #2 · answered by sophieb 7 · 0⤊ 0⤋
Thats about right. Lawyers don't have the reputation they have for nothing you know.
2006-09-11 00:51:31 · answer #3 · answered by john d 3 · 0⤊ 0⤋
25% is the common fee.
2006-09-11 00:52:01 · answer #4 · answered by Anonymous · 0⤊ 0⤋