• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Bross & Frankel, P.A.

Disability Benefits Lawyers

CALL US TODAY : 856-795-8880

Schedule A Free Claim Review

Main navigation

  • Home
  • Practice Areas
    • Social Security Benefits
      • SSDI Attorney
      • SSI Lawyers
      • SSD Denial Appeals
      • SSD Attorney’s Fees
      • How to File for SSD
      • When to Apply for Disability
      • Requirements for Disability Benefits
      • Qualifying for Disability After 50 and 60
      • Social Security Disability Rules After 50
      • SSDI Reconsideration
      • What Heart Conditions Qualify for Disability?
      • Disability for Neuropathy
      • Federal Disability Cases
    • Veterans Benefits
      • How to Apply for Veterans Benefits
      • Appealing Denied VB Claims
      • VA Benefit Claims
        • TDIU Benefits
    • Long Term Disability / ERISA
      • Long-Term Disability Insurance in New Jersey
      • ERISA Disability Lawyer
      • How to File an ERISA Claim
    • Workers Compensation
      • Workers Comp Benefits
      • Workers’ Comp Settlements
    • Employment Law / Employment Discrimination
    • Personal Injury
      • Car Accident Attorneys
      • Slip and Fall Attorneys
      • Pedestrian Accident Lawyers
      • Rideshare Accident Lawyers
      • Motorcycle Accident Lawyers
  • Attorney Profiles
    • Davis S. Bross
    • Richard L. Frankel
    • Jennifer Stonage
    • Elizabeth Berenato
    • Joshua Forrest
    • Mychal Giansanti
  • FAQs
  • Resources
    • Disability Qualifications
    • Simple SGA Amount for SSDI Calculator
    • New Jersey Veterans Resource Guide
    • Disability Statistics
    • Veterans Disability Benefits Calculator
    • Veteran-Owned Business Directory
    • Helping Someone Receive Disability Benefits
  • Reviews
    • Leave Us a Review
  • Our Location
    • Cherry Hill
  • Blog
  • Contact Us
  • Home
  • Practice Areas
    • Social Security Benefits
      • SSDI Attorney
      • SSI Lawyers
      • SSD Denial Appeals
      • SSD Attorney’s Fees
      • How to File for SSD
      • When to Apply for Disability
      • Requirements for Disability Benefits
      • Qualifying for Disability After 50 and 60
      • Social Security Disability Rules After 50
      • SSDI Reconsideration
      • What Heart Conditions Qualify for Disability?
      • Disability for Neuropathy
      • Federal Disability Cases
    • Veterans Benefits
      • How to Apply for Veterans Benefits
      • Appealing Denied VB Claims
      • VA Benefit Claims
        • TDIU Benefits
    • Long Term Disability / ERISA
      • Long-Term Disability Insurance in New Jersey
      • ERISA Disability Lawyer
      • How to File an ERISA Claim
    • Workers Compensation
      • Workers Comp Benefits
      • Workers’ Comp Settlements
    • Employment Law / Employment Discrimination
    • Personal Injury
      • Car Accident Attorneys
      • Slip and Fall Attorneys
      • Pedestrian Accident Lawyers
      • Rideshare Accident Lawyers
      • Motorcycle Accident Lawyers
  • Attorney Profiles
    • Davis S. Bross
    • Richard L. Frankel
    • Jennifer Stonage
    • Elizabeth Berenato
    • Joshua Forrest
    • Mychal Giansanti
  • FAQs
  • Resources
    • Disability Qualifications
    • Simple SGA Amount for SSDI Calculator
    • New Jersey Veterans Resource Guide
    • Disability Statistics
    • Veterans Disability Benefits Calculator
    • Veteran-Owned Business Directory
    • Helping Someone Receive Disability Benefits
  • Reviews
    • Leave Us a Review
  • Our Location
    • Cherry Hill
  • Blog
  • Contact Us
Call
Email
Text Us

Social Security Proposes Rule Change. Admits Law Firms exist!

Published Date: Aug 13 2023 By Rich Frankel

A cartoon of a lawyer with mystical fairy wings and a wand flying through the clouds

In a recent regulatory proposal, Social Security finally (forced by the courts) admits what many of us knew to be true in our hearts: Law firms are real, and Social Security law firms often use more than one person to help represent someone filing for benefits.

I know I know. This doesn’t sound like something that seems like it needs a regulation to confirm. But, the reality is that Social Security has never acknowledged the existence of law firms.

Instead, Social Security only recognizes individual representatives (attorneys or non-attorneys authorized to represent claimants). When a law firm has more than one representative help on a case, each individual attorney has always had to be appointed individually by the claimant. Even sillier, at the end of that case, when the work has been done and a fee is earned – even if all of the attorneys work as part of the same firm and collaborated like most teams do to win the case – Social Security will split the fee into equal separate payments for each individual attorney. The fact that most attorneys are employed by law firms and paid for their effort, rather than relying on each individual fee earned has no impact on this accounting nightmare.

Even funnier – Social Security only does this when the attorneys work together as part of a single firm. If two attorneys who are not part of a law firm collaborate on a case, Social Security will not approve the fee agreement between the attorneys and the client, and instead, require each attorney to itemize their time separately, bill for their time, regardless of the agreement for a contingent fee between the client and the attorneys. This also means that even though most attorneys represent social security claimants on a contingent basis (meaning we don’t charge a fee if we don’t win), Social Security can backdoor an attorney from a separate firm into charging for time spent on a case regardless of the outcome. While many many attorneys charge on an hourly basis, and there is nothing wrong with that model, it’s not what most Social Security claimants expect, especially when they are understandably out of work and out of funds.

What’s in the proposal?

The proposed regulation acknowledges that law firms are real, and finally permits salaried attorneys who work together in the same firm to assign fees to the law firm itself, which is what most claimants think is happening when they hire a law firm that is more than one person to help them anyway.

The reality is – teams are better for claimants. Would you rather…

Sad older man at desk with glasses trying his best to help Social Security claimants

or…

Group of mountain climbers working together to climb a mountain.  A team helping Social Security claimants get where they need.

Teams help work get done, that’s why we work together when we do important work. Who is going to call medical providers every single day? Is it the same person on the phone with a Social Security adjudicator going over limitations? What about the attorney writing a brief, or preparing a client for their hearing so they can present their case the right way the first time? It doesn’t make sense to believe that one person does 100% of the work to help someone win a case. Social Security has medical consultants, adjudicators, benefits authorizers, phone support, judges, clerks and paralegals, receptionists and vocational experts all working to evaluate claims. Law firms even those odds and give claimants a team behind them. So, sure, it’s great that Social Security is finally proposing regulations to admit that, yes – law firms are real.

Room for Improvement

I submitted comments to the proposal. While I am generally a fan, I’m hoping that Social Security will use this opportunity to make it easier for additional attorneys to agree to be bound by the agreement the client signed with the law firm, and that they will formalize their electronic signature process – something that became critical during the pandemic, and makes it easier for disabled workers to access legal services without having to drive to an office. Overall, the changes are good, even if it is another example of a government agency moving way… too… slowly.

rich-frankel
Rich Frankel

Rich Frankel is the managing partner of Bross & Frankel. He is a member of the New Jersey and Pennsylvania bars. He has focused exclusively on disability and social security benefits since 2005.

Mr. Frankel joined what is now Bross & Frankel after having watched his father struggle with disability, fighting a lengthy illness. Mr. Frankel founded the firm’s veteran’s law practice and substantially grew the social security disability practice, focusing Bross & Frankel’s ability to fight for all of the disability benefits available to his clients.

Mr. Frankel additionally fights for clients in court, obtaining frequent victories in Social Security appeals and against insurance companies in Federal court.

Written by Rich Frankel · Categorized: Uncategorized · Tagged: social security attorney fees, SSA regulatory update

Primary Sidebar

Primary Sidebar

Free Claim Review

Speak with an experienced Social Security Disability lawyer about your claim today.

  • Hidden
  • Bross & Frankel may use your phone number to call you and to communicate by text. We will not use your phone number for marketing and will not share your contact information outside our office for any reason. We will only use SMS to communicate with you directly and manually by a member of our staff. If you do not consent to use of SMS for direct communication, please uncheck the above box. You may opt-out by replying STOP or ask for more information by replying HELP. Message frequency varies. Message and data rates may apply. You may review our Privacy Policy to learn how your data is used.. You can read more about our privacy policy at https://brossfrankel.com/disclaimer-notices/

  • * indicates required field

  • The team at Bross & Frankel would like to stay in touch with you! Please un-check this box if you prefer to unsubscribe from receiving future company communications from the Bross & Frankel team beyond your inquiry. Thank you!

  • This field is for validation purposes and should be left unchanged.

Practice Areas

  • Social Security Disability / SSI Claims
  • Veterans Disability Compensation & Pension

  • Long Term Disability Claims / ERISA Benefits
  • Workers Compensation Claims
  • Employment Law / Employment Discrimination

Recent News

  • What Should Veterans Know About Secondary Conditions and Service Connections?
  • VA Disability Benefits vs. Social Security Disability:  Am I Eligible for Both?
  • How the VA Rates Disabilities:  Understanding the VA Rating Schedule
View More Recent News

Resources

  • Musculoskeletal Disorders
  • Psychiatric (Mental Health) Disorders
  • Neurologic Disorders
  • Hepatic & Biliary Disorders
  • Cardiovascular Disorders
  • Respiratory Disorders
  • Gastrointestinal Disorders

Client Reviews

I thought I could apply for social security on my own and breeze through the process. After being denied my neighbor told me about Bross & Frenkel, so I gave them a call. Mr. Bross called me directly and took on my case.

- Pun!Kin

Rich Frankel is a great person and made me feel taken care of through all my disability issues with the VA and my employer. He is very knowledgeable of the VA disability and employment law and I thank him for all of his help.

- Bernice Williams

Very helpful for our family and helped in a timely manner.

- Bernadette Barricella Forbes

After the first interview, the process seemed to move right along. All the paperwork was filed fast and emails were sent on detailed updates. SSI is a very slow and agonizing journey, but it’s good to have representation that knows what to …

- Ernest I

Bross & Frankel, wow you guys are amazing! This has been a long tedious process and I thank you all so much for successfully representing me, I would definitely recommend you’re office to anyone!! Thank you again!

- Sandra R
View More Client Reviews

Footer

Main Office
Bross & Frankel, P.A.
725 Kenilworth Ave.
Cherry Hill, NJ 08002

CALL : (856) 795-8880

EMAIL
SSD
  • How to Apply for Disability
  • How to Appeal an Disability Denial
  • Cost of a Disability Attorney
  • Trenton Disability Lawyers
Veterans Benefits
  • NJ Veterans Benefits Attorneys
  • Veteran Disability Appeals
  • Veterans Disability Benefits Calculator
  • Philadelphia Veterans Benefits Lawyers
  • VA Nexus Letter
LTD
  • Long Term Disability Lawyers
  • How to Apply for Long Term Disability?
  • Philadelphia Long Term Disability Attorneys
Resources for Those Over 50
  • Qualifying for Disability After 50
  • Social Security Disability Rules After 50
  • Disability Reviews After Age 50
Important Information
  • Can You Work While Applying for Disability?
  • What Conditions Qualify You For Disability?
  • Difference Between SSI and SSDI
  • Can You Collect SSD and LTD?

Copyright © 2025 Bross & Frankel, P.A. | All Rights Reserved | Disclaimer

Connect With Us :