Missouri Social Security Lawyers Warn Clients About New Ssa Debit Cards

admin — Fri, 18 Sep 2009 01:45:00 +0000

Peter Drummond asked:

The Treasury Department, in conjunction with Comerica Bank based in Dallas, has created a social security Direct Express Debit MasterCard as an alternative to paper checks for those persons who do not have bank accounts. The debit card is now available in ten southern states, but is on its way toward the north and western states. Missouri social security lawyers are ready to answer clients’ questions regarding the pros and cons of using this free debit card that will be an option in the coming months.

The Advantages of the Direct Express Debit MasterCard:

- Will help about 4 million Americans who do not have a bank account, and must receive paper checks.

- Will reduce the vulnerability of check fraud

- Dramatically help the delay of checks mailed in hurricane-ridden states such as Alabama, Florida, Louisiana and Mississippi

- No sign-up fees

- No monthly fees

- No overdraft fees

- No credit check is required to enroll

- Gain access to cash via an ATM, bank teller or retailer

- Set up free “low balance” alerts via email or phone

While the advantages look appealing with all the “freebies” and usability, Missouri social security lawyers remind their clients to read the fine print. The same holds true for SSA’s new debit card because there are still fees associated with the little plastic card that all people should be aware of. Nothing is a “one-for-all” payment plan, so be sure to read the small print at the bottom of the agreement for this debit card, even if you have to use those extra strength reading glasses.

The Disadvantages of the Direct Express Debit MasterCard:

- ATM fees – users can make one free withdrawal from a network ATM per month; all other ATM withdrawals within the network will cost 90 cents.

- Non-network ATM use will incur the 90 cent fee in addition to the surcharge of the other bank, which can be as much as 3 dollars per cash withdrawal.

- Social security debit cards are costly to use outside the U.S. ATM withdrawals can incur both a bank fee as well as 3 percent of the amount withdrawn. Debit purchases also cost an additional 3 percent of your total amount. Your best bet is to use your one month free withdrawal from a network ATM before you travel abroad or to Mexico or Canada and exchange it for the country’s currency.

- Paper statements cost 75 cents a month. Best option is to receive them via email and print them yourself.

- Online billing from Comerica will also incur a 50 cent per bill charge. Use the merchant’s Website to make payments or purchases online.

- Only 1 free replacement card each year; additional replacements cost $4.00, or $13.50 if you require an overnight delivery.

Obviously many people have several concerns about the fees and limitations of the SSA’s alternative payment system. Even those folks who have not started receiving social security have voiced their disdain about such a program. While others are simply concerned about the amount of social security they receive or may receive in the future to cover daily living expenses such as heat, electricity, food and medical bills. What happens when their monthly checks run out before the end of the month or they require more money to cover unforeseen medical bills? How will the social security administration help those who need it most?

If you need further information or have greater concerns with this new system, your Missouri social security lawyers are just a phone call away.

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Attorneys and Fees for Social Security Claims

admin — Thu, 27 Aug 2009 13:14:12 +0000

Greeman & Toomey asked:

Attorneys who represent Social Security disability claimants generally do so under a “contingency fee agreement.” That is, the client does not pay the attorney unless and until the case is resolved and Social Security benefits have been awarded. A representative who wants to charge or collect a fee from a claimant for services provided in any proceeding before the Social Security Administration (SSA) under the Social Security Act (the Act), must first obtain SSA’s authorization. To do so, a representative must use one of two mutually exclusive fee authorization processes: the fee agreement process or the fee petition process. Under the fee agreement process, an attorney can collect no more than 25% of of back benefits recovered, or $5,300, whichever is less. If the attorney is unsuccessful in obtaining benefits, there is no charge.

Fee Agreement Process Before SSA decides the claim, the representative or the claimant may file a fee agreement. Generally, SSA will approve an agreement (under § 206(a)(2)(A) of the Act) if the other statutory conditions are met and no exceptions apply. If SSA approves the fee agreement and no one requests administrative review, the fee specified in the agreement is the maximum fee the representative may charge and collect.

Fee Petition Process After the representative’s services in the case have ended, he or she may petition for a fee. SSA reviews the fee petition and authorizes a “reasonable” fee (under §206(a)(1) of the Act) for the specific services provided.

A fee agreement is a written statement signed by the claimant and his or her appointed representative specifying the fee the representative expects to charge and collect, and the claimant expects to pay, for services the representative provides in pursuing the claimant’s benefit rights in proceedings before the Social Security Administration (SSA). For SSA to approve a fee agreement, the representative must submit it before the date of the first favorable determination or decision SSA makes on a claim after the representative’s appointment. If the representative does not submit a fee agreement by that date, SSA assumes the representative either will file a fee petition or waive a fee.

If the representative submits a fee agreement before the date SSA makes a favorable decision, SSA will approve the fee agreement at the time of the favorable decision if the statutory conditions for approval are met and no exceptions to the fee agreement process apply. Once SSA approves the fee agreement, the fee specified in the agreement is the maximum fee the representative may charge and collect for all services in the claim.

A fee petition is a written statement signed by a claimant’s representative requesting the fee the representative wants to charge and collect for services he or she provided in pursuing the claimant’s benefit rights in proceedings before the Social Security Administration (SSA).

SSA presumes that the representative will either file a fee petition or waive his or her fee if the representative does not file a fee agreement before the date SSA makes the first favorable determination or decision. A representative who elects to use the fee petition process generally files the petition after his or her services in the case have ended. Based on this petition, SSA will authorize a reasonable fee for the specific services provided.

The fee agreement and fee petition process are not interchangeable. However, if a representative elects the fee agreement process but SSA does not approve the agreement, or if an SSA reviewing official upholds a disapproval of a fee agreement on administrative review, the representative must file a fee petition if he or she wants to charge and collect a fee for their services.

The Social Security Act and SSA regulations prohibit representatives from charging or collecting any fee for representational services that SSA has not authorized, or that is more than the maximum amount SSA authorized. Any representative found to have charged or collected an unauthorized fee may be suspended or disqualified from practice before SSA and will be barred from appearing before SSA until full restitution is made. The representative also is subject to fines and imprisonment

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Missouri Social Security Lawyers Warn Clients About New Ssa Debit Cards

Attorneys and Fees for Social Security Claims