About fees...
Workers' compensation cases are handled on a contingent fee basis. Cost deposits (to cover expenses incurred) are normally not required. Workers' compensation claims are based on a statutory fee provision that requires that the employer or its insurance carrier pay the claimant's attorney for the successful prosecution of the claim without cost to the claimant. Under some circumstances (normally settlement negotiations) the claimant may be required to pay the fee out of the amount recovered in the settlement in which case the fee normally follows a statutory guideline of 20% of the first $5,000, 15% of the next $5,000, and 10% of the remaining amount recovered.
Social Security disability claims and Supplemental Security Income (SSI) claims may be handled on a contingent fee basis providing for payment of 25% of the past-due (retroactive) benefits recovered up to a maximum of $5,300 or may be handled on a fee-petition basis in which event fees may not be dependent on the outcome of the case. Cost deposits are generally not required. The Social Security Administration withholds the fees due from your retroactive benefits and issues payment directly to me when the contingent fee agreement is used. At the end of the case you will be expected to pay the expenses incurred. These expenses are generally limited to acquisition of medical records and reports.
Disability insurance claims arising under private insurance policies are usually handled on a contingent fee basis and allow for the recovery of attorney fees and costs from the insurance carrier if successful. Cost deposits may be required in some cases.
Disability insurance claims arising under employer sponsored employee-benefit plans are governed by the federal Employee Retirement Income Security Act (ERISA) and may be handled on a contingent fee basis or some hybrid arrangement; however, attorney fees are recoverable in the discretion of the federal court and may not be awarded even when successful. Costs are recoverable in federal court.
State employees' disability retirement claims can be handled on a contingent fee basis; fees and costs are recoverable upon successful prosecution of a claim in the State Retirement Commission.
Veterans disability benefit claims allow for attorney representation on a contingent fee basis providing for a fee based on 20% of the retroactive benefits recovered in which event the fees are deducted from the retroactive benefits recovered and paid directly to the attorney. Fees may also be handled on any other reasonable basis including a fixed (flat) fee, hourly rate, or hybrid arrangement.