Northampton, PA asked in Social Security for Pennsylvania

Q: Will social security withhold $6,000 or the updated amount of $7,2000?

Agreement for SSDI representation signed Aug 2021 states: "amount equal to 25% of the combined past due benefits awarded to Client and client's family, or the amount specified in 42 U.S.C. §406 (a) (Section 206 (a) of the Social Security Act), currently set at $6,000.00, whichever is less."

Hearing was Dec 9, 2022 with a fully favorable bench decision. It is my understanding that the Act has set the new max to $7,200 effective after Nov 30, 2022. Attorney nor agreement mentioned this change (directly).

My back pay will result in using the exact dollar amount due to being $67,000. I am wondering if the wording provided in agreement allows for the $7,200 or the amount at the time I signed ($6,000)?

I know I could just ask her but rather have an unbiased response. THANK YOU!

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1 Lawyer Answer
Elizabeth Fowler Lunn
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  • Social Security Disability Lawyer
  • Raleigh, NC

A: SSA should withhold the $7200 as that is the amount in the statute in your agreement and is less than the full 25%. The fee agreement states only that the fee set in that statute was currently capped at $6000. The agreement limits itself to the statute, not the dollar amount listed.

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