We had to get a lawyer. I did all of the leg work for the lawyer & then he took 1/3 of my husband's backpay. The thought of lawyers puts a sour taste in my mouth.
then he took 1/3 of my husband's backpayIf you are absolutely sure, and have proof of the 1/3 taken by the attorney, he/she has broken the law set down by the S.S.A. If anyone is represented by an attorney in order to win their disability case, the government has a formula in place that can NOT be deviated from. They are allowed [under this law] to take
25% of the past due benefits you receive
up to a maximum of $5,300.00. An attorney absolutely cannot deviate from this and cannot take a third of your husband's back pay.
If I were you, I would be looking into this ASAP! Far too many get discouraged over long waits for a judge's decision, backed up court dockets, mounting medical and/or living costs, and are simply glad to have it all over and done with. To dishonest attorneys that becomes a great opportunity to take more because they figure the client is fed up with the process and happy just to get the $$$. If you have all your ducks in a row, as far as the case/court documentation, actual bills and proof of more than 25% or the $5,300.00 limit, you can send a written complaint with all details to:
The Chief Administrative Law Judge
Office of Disability Adjudication and Review
5107 Leesburg Pike, Suite 1608
Falls Church, VA 22041-3255
Phone# for S.S.A. is (800) 772-1213 to follow up on the complaint. Use the automated system, if possible, for updates.
If you would rather start at the state level, look up your state's S.S.A. office or Attorneys General number and give them a call first. They will also direct you as to what you can and need to do next. Reading this makes me furious! I have advocated for 1000's of my patients (after filling out my lengthy documentation re diagnosis/treatment/expected longterm outcome, umpteen phone calls) in order to help them and their families with disability filings, so I am NO stranger to how this process works. I read this and grabbed my file out of my office here at home - while grumbling and mumbling about our screwy systems here...