The Contingency Fee Structure

Most Social Security Disability lawyers work on a contingency fee basis. This means that the lawyer only gets paid if you win your case. This arrangement is beneficial because you don’t have to pay upfront fees, making it easier to get legal help if you’re financially struggling due to your disability.

• Standard Contingency Fee: The standard fee for a Social Security Disability lawyer is typically 25% of your back pay (the benefits you are awarded for the months prior to your approval). However, there are limits to how much a lawyer can charge for SSDI cases.
• Maximum Fee Cap: The maximum fee a lawyer can charge is set by the Social Security Administration (SSA). As of 2025, the SSA allows lawyers to charge no more than $6,000 in fees for representing a client in a disability claim. However, this is only applicable to the back pay you are awarded once your claim is approved. The amount can vary depending on the total back pay awarded.

What Does the Lawyer’s Fee Cover?

The contingency fee is generally a percentage of the back pay you receive. However, it’s important to understand that this fee typically covers the following:

• Legal Representation: This includes the lawyer’s work in preparing your claim, submitting necessary paperwork, representing you during hearings, and handling appeals if necessary.
• Consultations and Advice: The lawyer will advise you on how to strengthen your case, help you gather medical evidence, and ensure you’re meeting the SSA’s requirements.

Additional Costs and Expenses

While most Social Security Disability lawyers charge based on a contingency fee, there may be additional costs or expenses associated with your case. These can include:

• Medical Records and Reports: In some cases, you may need to pay for copies of medical records, evaluations, or reports from specialists to support your claim.
• Expert Witnesses: If necessary, your lawyer may hire expert witnesses (such as medical professionals) to testify on your behalf. These fees will typically be charged separately.
• Filing Fees: Although the SSA generally does not charge a fee to file your claim, if you file appeals in certain courts, there may be associated court filing fees.

It's important to clarify with your lawyer whether these expenses are included in the contingency fee or if they will be charged separately. In some cases, the lawyer may cover the costs and deduct them from the back pay.

Will You Have to Pay if You Lose?

Since Social Security Disability lawyers work on a contingency fee basis, you typically do not have to pay for their services if your claim is denied or you do not win. Lawyers are only compensated if you are awarded benefits. This means you don’t face additional financial burden if you don’t win your case.