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dylatess, Attorney
Category: Legal
Satisfied Customers: 5156
Experience:  37 plus years representing clients with their legal issues
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What may be the best way to appeal the "amount" a Social Security

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What may be the best way to appeal the "amount" a Social Security Disability Attorney should receive for doing nothing in the 18 months since filing the request for Administrative Law Judge for decision except showing up at the hearing, where when he asked a question near the end the Judge actually told him he was "wasting her time"? I have 5 more days and have my evidence of my work preformed (submitting documents direct through local office ans well as having to contact SS to find out what is in my file as my attorney was unreachable), and have been told, even by SS Office that 9 times out of 10 the Lawyers get paid and 10 times out of 10 they have not done anything? Is there any "legal" requirements for minimum representation after that Fee Agreement is signed during an initial consult?

Hello and thank you for your question. For over 34 years I have answered questions just like yours. And I look forward to assisting you.


As an attachment to the favorable decision, the judge has approved the fee agreement. However, as you mentioned, you can write to the judge to dispute the fee being paid. However, to be successful, you must show what YOU did that your attorney did not. Specifically, if you obtained the medical records, tell the judge. Also, tell the judge what the attorney did NOT do such as be available for your calls, meet with you to prepare for the hearing, etc. Also note it is common for the judge to conduct the hearing and for the attorney to play a very small role during the hearing. So if this is the case, do not make a big deal about that. Finally, the matter as you know is taking on a contingency. And the attorney gets paid if you win. So unless you can make a very strong argument that he hurt your case but for your persistence, he will be paid something if not the entire fee. thanks for understanding.

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Customer: replied 3 years ago.

I thank you for mentioning the "little" issue of what he did at the physical hearing...actually it was just show up. I have DOCUMENTS showing his non communication with the SS Office since filing the agreement in January 12, 2012, and proof (from the 2 SS Information Discs I requested) of how and where the information since signing that contract during my initial consultation. I appreciate your honesty about my chances but I have to try or I will hold a resentment for some time towards him as well as myself for not speaking up. I'm sure it is a "form letter" but in the Judges Response the request fee review section was underlined and instructed to send to Judge, as it was or is her decision. Thought it was a sign. :) Wish I could let you know my results...but thanks regardless. Wish me luck!!

I wish you well. Note, my gut is that the judge will reduce the fee so it will still be a victory for you.


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I wish you well.

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