The Contingency Fee Structure

Most disability lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This fee structure is particularly beneficial for individuals who may not have the upfront funds to pay a lawyer. Here’s how it works:

• Percentage of Backpay: Typically, a disability lawyer will charge around 25% of the backpay (the benefits you are owed for the months before you were approved for disability benefits). This is the most common fee arrangement and is regulated by the Social Security Administration (SSA).
• Cap on Fees: There is a cap on how much a lawyer can charge. As of 2025, the maximum fee a lawyer can charge for representing you in a Social Security Disability case is $6,000. This means that, even if 25% of your backpay exceeds this amount, the lawyer can’t charge more than $6,000 in fees.

How Backpay Affects Legal Fees

Backpay refers to the disability benefits you are entitled to from the date you became disabled until the date your application is approved. If your application is successful, the SSA will issue backpay to cover this period of time. Here’s how the lawyer’s fee is calculated:

• For example, if you are awarded $30,000 in backpay, the lawyer’s fee would be 25%, or $7,500. However, since the SSA limits the fee to $6,000, the lawyer would only receive this capped amount.
• It’s important to note that backpay is typically paid in a lump sum, and the lawyer’s fee is taken directly from this amount.

Fees for Ongoing Benefits

After your claim is approved and you start receiving disability benefits, there are typically no additional fees charged by your lawyer for these ongoing payments. Most lawyers will not charge you for future monthly payments or any ongoing assistance with your case.

However, if your lawyer has to help with an appeal or additional hearings after your initial approval, they may charge additional fees, but these would still be subject to the SSA’s regulations.

Does the Lawyer Charge for a Consultation?

In most cases, Social Security Disability lawyers offer a free consultation. During this initial meeting, the lawyer will evaluate your case, discuss your eligibility for benefits, and determine if they can help you with your claim. This is a great opportunity to ask about fees, the likelihood of success, and the steps involved in your case without committing to paying anything upfront.

Other Potential Costs

While disability lawyers usually work on a contingency basis, there may be other costs associated with your case. These may include:

• Medical record fees: You may need to pay for copies of medical records, doctor’s reports, and other documents required to support your case.
• Court fees: In some cases, if you need to take your case to a hearing or court, there may be small fees for filing or other administrative costs.

Your lawyer will typically explain these additional costs upfront so you know what to expect.

When Does the Lawyer Get Paid?

Your lawyer’s fee will be deducted from your backpay once your case is approved and the SSA issues your benefits. The lawyer will not charge you for any services before your case is approved. If your claim is denied at the initial level, you won’t owe any fees for the lawyer’s services unless you win the case on appeal.

Can I Afford a Lawyer?

While hiring a disability lawyer can seem like an added expense, the contingency fee structure means that you won’t pay anything unless your case is successful. Additionally, the maximum fee caps set by the SSA ensure that you won’t be overcharged.

If you’re considering hiring a Social Security Disability lawyer, think of it as an investment in increasing your chances of a successful claim. Lawyers have experience and knowledge of the SSA’s rules, and they can help avoid mistakes or omissions that might delay or negatively impact your claim.