Contingency Fee Structure

Most SSDI attorneys work on a contingency fee basis. This means that they only get paid if you win your case, so there are no upfront fees or hourly rates. The attorney will take a percentage of your back pay (past-due benefits) as their fee. This is the most common payment structure for SSDI attorneys because it ensures that you won’t have to pay anything out of pocket if your claim is unsuccessful.

Typical SSDI Attorney Fees

The standard fee for an SSDI attorney is 25% of your past-due benefits (back pay). This includes any retroactive benefits that you’re owed from the time you became disabled to when your claim is approved.

However, the Social Security Administration (SSA) has set a cap on how much an SSDI attorney can charge. The maximum fee is $6,000, regardless of the amount of back pay you receive. For example:

• If you receive $25,000 in back pay: The attorney’s fee would be 25%, which equals $6,000 (the cap).
• If you receive $50,000 in back pay: The attorney’s fee would be 25% of that, which equals $12,500. However, because of the SSA’s cap, your attorney can only charge $6,000.

This fee is deducted from your back pay, and the SSA sends the payment directly to your attorney once your benefits are awarded.

Additional Costs That May Apply

While the attorney’s fee is typically 25% of your back pay (up to $6,000), there could be additional costs associated with your SSDI case. These costs are generally not covered by your attorney's fee and may be your responsibility. Some additional costs include:

• Medical Records: You may need to pay for copies of your medical records, which can range from a few dollars to several hundred dollars, depending on how many records you need.
• Expert Testimony: If your case requires expert testimony (for example, from a medical professional), you may need to cover these costs.
• Court Fees: In rare cases, you may need to pay court fees if your case goes to a federal court level.

Your attorney should explain all potential costs upfront, so there are no surprises later in the process.

When You Don’t Have to Pay the Attorney’s Fee

One of the key advantages of SSDI attorneys working on a contingency fee basis is that you don’t have to pay anything if you lose your case. If your claim is denied, you won't owe your attorney any fees for their services. However, as mentioned earlier, you may still be responsible for certain out-of-pocket costs, such as medical records or expert witness fees.

How to Find Affordable SSDI Attorneys

While many SSDI attorneys offer their services on a contingency fee basis, it’s important to find one who is transparent about their fees and the entire process. Here are some tips for finding affordable SSDI legal help:

• Consult Multiple Attorneys: It's a good idea to talk to several attorneys to compare their services and fees before making a decision. Many SSDI attorneys offer free consultations, which can help you determine if their services align with your needs.
• Ask About Fees Upfront: Ensure that the attorney explains the fee structure, including the 25% contingency fee and any potential out-of-pocket costs. This will help you understand what to expect.
• Look for Lawyers Who Specialize in SSDI: Choose an attorney who focuses on Social Security Disability cases, as they will have the experience necessary to handle your case effectively.