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IL disability lawyerLast year, we discussed a case that was pending before the U.S. Supreme Court involving Social Security regulations for compensating lawyers who successfully pursue disability claims on behalf of their clients. On January 8, 2019, the Court issued its decision, which provided important clarification of the law in this area.

Justices: Caps for Agency, Court Representation Are Separate

To briefly review what this case, Culbertson v. Berryhill, was about: A Social Security attorney from Florida represented a woman who was seeking disability benefits. After going through the lengthy administrative review process, Social Security denied the woman's application. The woman then decided to challenge that decision by suing the Social Security Administration in federal court.

As part of the lawsuit, the woman signed a contingency-fee agreement with her attorney, which provided he would receive 25 percent of any past-due disability benefits she received if the court action proved successful. And in fact, the lawsuit did succeed. Social Security awarded past-due benefits and the agency withheld 25 percent of that amount to pay the attorney's fees.

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