Contingency Fee Structure

Most disability attorneys work on a contingency fee basis, which means they don’t charge any upfront fees. Instead, they are paid a percentage of your back pay (the amount of money owed to you from the time you became disabled until your claim is approved).

• Percentage of Back Pay: The standard contingency fee for disability attorneys is usually 25% of your back pay. This means the attorney will receive 25% of the lump sum you receive once your disability benefits are approved.
• Maximum Fee: By law, the Social Security Administration (SSA) caps the attorney’s fee at $6,000 for SSDI claims. This means even if 25% of your back pay exceeds $6,000, the attorney’s fee cannot be more than $6,000. For SSI claims, the fee structure is similar but may vary depending on the amount of back pay you receive.

No Fees for Unsuccessful Claims

A major advantage of hiring an attorney on a contingency fee basis is that if your claim is not successful, the attorney will not charge you for their services. You won’t owe them anything unless you win your case and receive disability benefits. This arrangement ensures that the attorney is motivated to work hard on your behalf and only gets paid if you win.

When Will the Attorney Get Paid?

Your disability attorney will be paid out of your back pay once your claim is approved. The SSA will typically release the payment to you and the attorney at the same time. You will receive the majority of the back pay, and the attorney will receive their agreed-upon percentage (up to the $6,000 cap).

Additional Costs and Fees

While the contingency fee covers the bulk of an attorney’s charges, there may be other costs associated with your claim. These can include:

• Administrative Fees: These can include the cost of filing paperwork, gathering medical records, or other necessary expenses.
• Expert Witness Fees: In some cases, a disability attorney may hire a vocational expert or medical expert to provide additional support for your case. These experts may charge separate fees.
• Court Costs: If your case goes to a hearing before an Administrative Law Judge (ALJ), there may be additional costs for things like transcript fees or other court-related expenses.

What If You Can’t Afford an Attorney?

If you're concerned about the cost of hiring an attorney, it’s important to know that most disability attorneys offer free consultations and will only charge you once you win your case. Additionally:

• No Upfront Fees: You won’t need to pay anything out of pocket when hiring a disability attorney.
• Payment Upon Success: The contingency fee structure means you pay the attorney only after you’re awarded your disability benefits.