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Questions/Comments |
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A WORD ABOUT ATTORNEY'S FEES: Florida attorneys are permitted to handle disability claims for a contingent fee, similar to claims for personal injury. A copy of my fee agreement is available upon request. In most cases, my fee will be a percentage of total past due benefits paid by the disability carrier. In the event of a settlement of past due benefits and future benefits, my fees from future benefits are calculated at a reduced percentage rate. In the event of a Court award of benefits, a separate award of attorneys fees will be sought, so as to maximize the client's recovery of benefits. It is critical that you have a full understanding of any retainer agreement before you sign it! I know of one law firm in South Florida that has language in it's retainer agreement that entitles the firm to a percentage of fees based upon all benefits obtained. When one client obtained past due benefits, the disability carrier commenced monthly payments directly to the client. The law firm then informed the client that under their retainer agreement, they were entitled to receive a percentage of future benefits as fees, for the life of the claim - even without any subsequent review or denial of benefits by the carrier. When the client refused to agree to this, she was sued in Court by the law firm, claiming that she had violated the fee agreement.
Therefore, when you hire an attorney in a disability benefits case, make sure you have a clear understanding of the provisions for attorneys fees! |
