Disability Lawyers Work on a Contingency Fee Basis

Most disability lawyers work on a contingency fee basis. This means that they only get paid if you win your disability case and receive benefits. The fee is typically a percentage of the back pay you receive, not an upfront cost. This arrangement makes legal representation more accessible, as you don’t have to pay the lawyer unless you are successful in your claim.

• Typical contingency fee: The Social Security Administration (SSA) sets a limit on how much a disability lawyer can charge. The fee is usually 25% of your back pay, up to a maximum of $6,000. If you win your case, the lawyer’s fee is taken directly from the back payment you receive.
• No fee if you lose: If your claim is denied and you do not receive any benefits, you won’t owe the lawyer anything. This takes the financial burden off you, especially when navigating the complexities of the disability application process.

No Upfront Costs

One of the primary benefits of hiring a disability lawyer is that there are generally no upfront costs. Unlike other types of legal services, where you might have to pay hourly rates or flat fees, disability lawyers typically work under a contingency fee agreement. This means you don’t need to pay anything to hire the lawyer. The lawyer will be paid only if your case is successful.

How the Fee Structure Works

The way the fee structure works is that the lawyer will receive a percentage of the back pay you receive once your disability claim is approved. Back pay is the amount of benefits that have accumulated between the time you applied and the time you are approved. For example, if your claim is approved after six months, you may receive six months of back pay. Here’s a breakdown of how the fee might look:

• Example 1: If your back pay is $20,000, the lawyer’s fee would be 25% of that amount, or $5,000 (which is under the $6,000 cap).
• Example 2: If your back pay is $50,000, the lawyer’s fee would be $6,000, as it is the maximum fee allowed by the SSA.

What if My Claim Takes a Long Time?

If your claim takes longer to process—especially if you have to appeal the decision and go through multiple stages of the process—you might receive more back pay. This could result in a higher payment to your lawyer. However, the fee remains capped at $6,000 for Social Security Disability Insurance (SSDI) claims, so the maximum fee doesn’t increase, even if the process takes longer.

It’s also important to note that you won’t pay the lawyer a larger fee simply because your case takes longer. The percentage remains the same, and you won’t owe extra fees just because the case drags on.

Are There Any Additional Costs?

While most disability lawyers work on a contingency fee basis, there may be additional costs involved in your case. These can include:

• Filing fees: While the lawyer doesn’t charge you for their time, there may be small filing fees associated with submitting documents or forms to the SSA.
• Medical records fees: In some cases, you may be required to obtain medical records or other documentation to support your claim, which may come with a fee.
• Expert witness fees: If your lawyer uses expert witnesses (e.g., doctors or vocational experts) to support your case, there may be additional costs for their testimony or reports.

Before hiring a lawyer, make sure to ask about any out-of-pocket costs that may be involved in your case.

Do I Really Need a Disability Lawyer?

While you are not required to hire a disability lawyer when applying for disability benefits, it can significantly improve your chances of being approved, especially if you are going through an appeal process. Disability lawyers have experience navigating the Social Security Administration’s (SSA) system and can:

• Help gather necessary medical evidence.
• Ensure your application is complete and accurate.
• Represent you during the appeal process, if needed.
• Provide legal expertise that could increase your chances of approval.

If you choose not to hire a lawyer, you can still apply for disability benefits on your own, but keep in mind that the process can be complex and time-consuming.

How to Choose the Right Disability Lawyer

If you decide to hire a disability lawyer, it’s important to choose one who is experienced, reputable, and familiar with Social Security Disability and Supplemental Security Income (SSI) claims. Here are a few things to consider when selecting a lawyer:

• Experience: Look for a lawyer who has experience handling disability cases and is familiar with the specific needs of veterans or individuals with your type of disability.
• Reputation: Check reviews or ask for recommendations from others who have worked with the lawyer. A reputable lawyer will have a track record of success.
• Consultation: Many disability lawyers offer free initial consultations. Use this opportunity to discuss your case and see if the lawyer is a good fit for you.