Disability Advocates vs. Disability Lawyers

First, it's important to differentiate between disability advocates and disability lawyers. While both can help you with the disability claims process, there are key differences:

• Disability Advocates: These are professionals who specialize in helping people apply for SSD or SSI benefits. They are not lawyers, so they cannot represent you in court, but they can assist with the paperwork and preparation of your claim.
• Disability Lawyers: Lawyers who specialize in Social Security Disability law can help with more complex legal issues, including representing you in court during hearings and appeals.

Both disability advocates and lawyers typically work on a contingency fee basis, meaning they only get paid if you win your case. However, the fees and payment structures can differ.

How Much Do Disability Advocates Charge?

The cost of hiring a disability advocate can vary, but most advocates charge based on a contingency fee. This means they only get paid if you win your case and receive benefits. Here’s what you can expect:

• Contingency Fee Percentage: Disability advocates generally charge 25% of your back pay (the benefits you should have received from the time of your disability until you are approved). However, this is capped at $6,000. For example, if your back pay is $20,000, your advocate would earn $5,000 (25% of $20,000), but if your back pay is $40,000, the maximum fee would be $6,000.
• What About Monthly Benefits?: Disability advocates are typically not paid from your monthly benefits. They are only compensated from your back pay, which is the lump-sum amount you receive once your claim is approved.

When Are Fees Deducted?

If you hire a disability advocate, the fee is usually deducted directly from your back pay after your claim is approved. Here’s how the payment process works:

• Back Pay: If you win your SSDI or SSI case, you’ll likely receive a lump sum of back pay for the months you were disabled but hadn’t yet received benefits. Your advocate’s fee is deducted from this amount, and the remaining balance will be paid to you.
• No Win, No Fee: If your claim is denied and you don’t win benefits, you typically won’t owe any fees to the advocate. This is the benefit of the contingency fee structure—you only pay if your case is successful.

Additional Costs to Consider

While the contingency fee is the primary cost, there may be additional fees or costs associated with your disability claim:

• Medical Records and Documentation: Disability advocates may help you obtain your medical records and other necessary documentation, but you might need to pay for the cost of acquiring those records. Some doctors charge for copies of medical records, and this cost is your responsibility.
• Administrative Fees: In some cases, advocates may charge small administrative fees for services such as mailing documents or making phone calls, though these costs are typically minimal.
• Travel Expenses: If your case requires in-person meetings or hearings, travel expenses (such as mileage or lodging) may be charged, though this is rare.

What to Know About Fees for Appeals

If your case is denied and you need to appeal, it’s important to understand how fees work for the appeals process:

• Appeals Fees: The fee structure remains the same during the appeals process. Your advocate would still charge 25% of the back pay up to the $6,000 cap. This applies to all stages of the appeals process, including hearings before an administrative law judge (ALJ).
• No Fee if Denied: If your claim is ultimately denied at all stages and you don’t receive back pay, you will not owe any fees.

How to Find a Reasonable Disability Advocate

If you’re considering hiring a disability advocate, it’s important to shop around and find someone who is reputable and affordable. Here are some tips for finding the right advocate:

• Consult with Multiple Advocates: It’s always a good idea to talk to a few different disability advocates to compare their experience, fees, and approach.
• Check for Experience: Look for an advocate with experience in handling Social Security Disability claims, especially if you have a complex case.
• Read Reviews: Check online reviews or ask for references to ensure the advocate is trustworthy and has a good track record of success with disability claims.