No Upfront Costs or Retainers

One of the most important things to know is that Social Security disability attorneys work on a contingency fee basis. This means they don’t charge you upfront or require a retainer fee to begin working on your case. Instead, they get paid only if you win your case and receive your disability benefits. This structure makes it more accessible for individuals who may not have the funds to pay for legal representation out of pocket.

Contingency Fee Structure

The fee structure for disability attorneys is set by the Social Security Administration (SSA) and is based on a percentage of the back pay (the retroactive payments you receive if your claim is approved). The fee is typically:

• 25% of your back pay or
• $6,000, whichever is less

This means that if you are awarded back pay, the attorney will receive 25% of the amount  or a maximum of $6,000, whichever is smaller. For example, if you’re awarded $30,000 in back pay, the attorney’s fee would be $6,000 (the maximum allowable amount). If your back pay is less than $24,000, the attorney would receive 25%  of that amount.

Additional Expenses

While the attorney’s fee is typically limited to the percentage of your back pay, there may be additional costs related to your case. These expenses are separate from the attorney's fee and may include:

• Medical records costs: If you need to obtain medical records to support your disability claim, these costs may be billed to you.
• Expert witness fees: In some cases, you may need a medical expert to testify in support of your claim.
• Administrative fees: These may include the cost of filing forms or other paperwork associated with your case.

Make sure to clarify with your attorney whether you will be responsible for any additional expenses and how they will be billed.

What Happens if You Don’t Win Your Case?

If your Social Security Disability claim is denied and you don’t win your case, you generally will not have to pay your attorney any fees. Since attorneys work on a contingency fee basis, they only get paid if you win your case and receive benefits. However, you may still be responsible for any out-of-pocket costs related to your case, such as obtaining medical records or expert testimony.

Why Hire a Social Security Disability Attorney?

Hiring an attorney to represent you in your Social Security Disability claim can improve your chances of winning the case. A disability attorney will help with:

• Understanding the Complex Process: The Social Security Disability application process can be complicated, and an attorney will know the ins and outs to ensure your application is filled out correctly.
• Gathering and Presenting Evidence: Attorneys are skilled at collecting and organizing medical evidence to strengthen your case and present it effectively.
• Handling Appeals: If your claim is denied, a disability attorney can guide you through the appeals process, increasing your chances of a favorable outcome.