Residents in Ohio who are in need of Social Security disability benefits are often unaware of the different federal regulations and requirements that come along with filing an application. Often, simple mistakes are made and they result in being denied Social Security disability. One piece of advice that applicants would be wise to take is having assistance with the process. However, it is important to understand that the Social Security Administration or SSA has certain rules when it comes to a representative.
An applicant can have a representative help with the application. The representative is not allowed to take a fee unless there has been written approval from the SSA. Money can be paid in advance provided it is in a trust or held in escrow. Providing inaccurate information to the SSA is illegal and could lead to criminal charges.
The representative, once appointed, will be able to act on the claimant's behalf in receiving information from the SSA; assisting with getting medical information or other basics in support of the claim; accompanying the claimant to interviews, conferences or hearings; asking for a review of a denied application; and helping to prepare the claimant and witnesses to be questioned.
The representative is not allowed to charge a fee without filing a fee agreement or petition with the SSA. There is a limit to what can be charged and it cannot surpass what the SSA approves. When there is a fee agreement, the SSA will generally approve of it and inform the claimant in writing what can be charged if: both the applicant and the representative sign the agreement; the claim is approved and past-due benefits are being given; and the fee does not go beyond 25 percent of benefits that were past due or $6,000, whichever is greater.
The SSA will determine the fee and that is the maximum that can be charged. This is true even if the claimant has previously agreed to pay more. Certain expenses that came out-of-pocket can be charged such as costs for medical information. Up to 25 percent of the past-due benefits will be withheld toward representative fees.
This is a matter that is often overlooked when a person is seeking disability, but that does not make it any less important. Those seeking SSD benefits should understand his or her rights and how the SSA handles representation during the application process. An applicant likely has many questions during the process, therefore, it is important they know how to respond to any issues they might encounter when seeking Social Security disability benefits.
Source: ssa.gov, "Your Right To Representation," accessed on July 26, 2016
No Comments