Motivation, or does anyone benefit from the Social Security System?

A client asked me an interesting question today. She said “isn’t it in the lawyer’s interest for the social security case to take longer since there will be more back benefits.”

In Social Security disability cases the lawyer is only paid from back benefits. So it is true that the attorney receives a larger fee when the case goes longer. The problem is the client and the lawyer both want to be paid as soon as possible. When cases take over 2 years no one benefits. A disabled person cannot work and needs money, and the lawyer has to wait for just as long to get paid.

Everyone would be much happier if the case took less than a year to be resolved and benefits paid.

Unfortunately, neither the client or the attorney has control over the hearing date. Social Security decides when the case is ready for trial. See my earlier post regarding expediting the hearing.