Personal Injury Lawyer
Office Locations
Contact the Law Offices of James Scott Farrin
1-866-900-7078
Contact the Law Offices of James Scott Farrin 1-866-900-7078

Some Social Security Attorneys Forced to Screen Clients over Threat of Lost Fees, Group Reports

The National Organization of Social Security Claimants (NOSSCR) reported that some of its members are being forced to screen prospective clients seeking representation in federal court after changes were made to the law that deprive lawyers of receiving fees, in some cases.

Confident7_07022014Under the Equal Access to Justice Act (EAJA), some disabled citizens are able to pursue Social Security benefits denied to them by the federal government. The act was created to allow impoverished individuals to sue the government, even if they couldn't afford to hire an attorney to assist them. The act helped these individuals by awarding attorneys' fees as part of a settlement in a winning case.

However, the Supreme Court upheld a decision that any fees awarded under this act must be paid directly to the injured party, rather than the attorney. The ruling also said that when plaintiffs were found to owe the federal government for another matter, these fees could be garnished to satisfy the debt - regardless of whether the attorney had been paid for services or not.

The result is that many people who were formerly offered some assistance to pursue claims against the government are now being hampered by the government to get the representation they need. Many NOSSCR members are reporting that they are forced to screen prospective clients to find out if they have federal debts before they commit to represent them and avoid risking loss of the attorney fees.

In some cases, awards that were previously made to provide legal assistance are now being stripped to pay back other debts - debts that may have been accumulated because the government has denied these people their rightful compensation in the first place.

Because this effect could result in some citizens being limited in their ability to get counsel, the Commissioner of Social Security Administration is authorized to request an exemption to the rule for EAJA fees. However, we know of no exemptions that have been made, and in our opinion, such an exemption is unlikely.

The Supreme Court decision is a tragedy that is playing out in ways that are depriving disabled, poor and often elderly citizens from getting the justice that they may need. The Law Offices of James Scott Farrin encourages all those who have experienced a denial of social security disability claims or knows a loved one who has to call your representative to demand legislative changes that ensure all citizens truly do have equal access to justice by being able to hire an attorney to represent them.

Contact Information

Raleigh Law Office

5848-100 Faringdon Place
Raleigh, NC 27609
Phone: 919-834-1184
Toll Free: 1-866-900-7078

Durham Law Office

280 South Mangum Street, Suite 400
Durham, NC 27701
Phone: 919-688-4991
Fax: 800-716-7881

Fayetteville Law Office

517 Owen Drive
Fayetteville, NC 28304
Phone: 910-488-0611
Toll Free: 1-866-900-7078

Charlotte Law Office

201 McCullough Drive, Suite 220
Charlotte, NC 28262
Phone: 704-599-1078
Toll Free: 1-866-900-7078

New Bern Law Office

1505 South Glenburnie Rd, Unit P
New Bern, NC 28562
Phone: 252-634-9010
Toll Free: 1-866-780-3422

Greenville Law Office

702 G Cromwell Dr.
Greenville, NC 27858
Phone: 252-355-5205
Toll Free: 1-866-780-3227

Greensboro Law Office

300 N. Greene Street, Suite 850
Greensboro, North Carolina 27401
Phone: 336-665-7072
Toll Free: 1-866-900-7078

Goldsboro Law Office

214 South William Street, Suite 3
Goldsboro, NC 27530
Phone: (919)-731-2581
Toll Free: 1-866-900-7078

Henderson Law Office

514 Dabney Drive, Suite 200
Henderson, NC 27536
Phone: 252-492-4600
Toll Free: 1-866-900-7078

Roanoke Rapids Law Office

709 Julian R. Allsbrook Highway
Roanoke Rapids, NC 27870
Phone: 252-537-9670
Toll Free: 1-866-900-7078

Rocky Mount Law Office

3202 Sunset Avenue, Suite B
Rocky Mount, NC 27804
Phone: 252-937-4730
Toll Free: 1-866-900-7078

Sanford Law Office

703-B South Horner Boulevard
Sanford, NC 27330
Phone: 919-775-1564
Toll Free: 1-866-900-7078

Wilson Law Office

2315 Airport Blvd Suite A
Wilson, North Carolina 27896
Phone: 252-246-9090
Toll Free: 1-866-900-7078

Winston-Salem Law Office

301 N. Main Street, Suite 2409-C
Winston-Salem, NC 27101
Toll Free: 1-866-900-7078