Most disability attorneys work on a contingency fee basis, meaning they only get paid if you win your case. This can provide peace of mind because you don’t have to pay upfront fees. Instead, your attorney’s fees are taken from your back pay (the lump sum of benefits you’re owed for the time period before your claim is approved).



Here’s how it typically works:

Standard Contingency Fee Percentage

For Social Security Disability (SSD) and Supplemental Security Income (SSI) cases, the attorney’s fee is generally 25% of your back pay. However, there is a cap on how much a lawyer can charge. The maximum fee an attorney can charge is typically $6,000, regardless of the size of your back pay award.

For example:

• If your back pay is $20,000, your attorney will receive $5,000 (25% of $20,000).
• If your back pay is $40,000, your attorney will receive the maximum fee of $6,000.

No Win, No Fee

One of the major benefits of a contingency fee arrangement is that you don’t pay anything unless you win. If your disability claim is denied, the attorney will not charge you for their services. This setup allows you to pursue your case without the financial burden of paying upfront or hourly fees.

What Do Disability Attorneys Do for the Fee?

Disability attorneys provide various services throughout the process of applying for benefits or appealing a denial. These include:

• Assessing your eligibility: A good attorney will help you determine if you meet the criteria for Social Security Disability or Supplemental Security Income benefits.
• Gathering medical evidence: Your attorney will assist in gathering all the medical records and documentation needed to prove your disability.
• Filing your application: Attorneys ensure that all forms and paperwork are filled out accurately and submitted on time.
• Representing you at hearings: If your case goes to a hearing, your attorney will represent you before the Administrative Law Judge (ALJ).
• Handling appeals: If your case is denied, your attorney will guide you through the appeals process, ensuring that deadlines are met and all necessary evidence is submitted.

Are There Any Additional Costs?

In addition to the attorney's fee, there may be other costs associated with your case. These are typically for things like:

Expert Fees

In some cases, your attorney may need to hire expert witnesses, such as medical or vocational experts, to support your claim. These experts may be needed to testify about your condition and how it affects your ability to work. The cost of these experts is typically not included in the attorney's fee and may be billed separately.

Medical Record Fees

Your attorney may also request medical records to help strengthen your case. While the lawyer typically pays these costs up front, you may be required to reimburse them for any out-of-pocket expenses, such as fees charged by hospitals or clinics for copying records.

Other Administrative Costs

There may be additional costs, such as fees for obtaining and sending documents, filing forms, or handling other administrative tasks. These are usually minimal but can add up.

Are Disability Attorneys Ever Paid by the Hour?

While the contingency fee structure is by far the most common method of payment for disability attorneys, some lawyers may charge hourly fees in certain situations. Hourly rates are more common in non-SSD/SSI-related legal matters, but in the context of Social Security Disability claims, the contingency fee is much more standard.

Hourly rates can vary widely depending on the attorney’s experience and location. However, it's important to note that hourly rates are less common for SSD/SSI claims because of the no win, no fee nature of disability law.

What Happens if You Don’t Have Back Pay?

In some cases, if your claim is not approved for back pay (for example, if you’re approved for ongoing monthly benefits but no lump sum), the attorney may not receive their full 25% fee. However, they are typically entitled to receive a percentage of any ongoing monthly benefits you receive, depending on the specifics of the case and your agreement with the attorney.

How to Avoid Overpaying for a Disability Attorney

To ensure you’re not overpaying for legal services, here are some tips:

Review the Fee Agreement Carefully

Before hiring an attorney, make sure you understand the fee agreement and what’s included. It should be clear how much the attorney will charge and whether any additional fees will apply.

Ask About Additional Costs

Clarify with the attorney about any possible extra charges, such as expert witness fees or administrative costs. Knowing this upfront will prevent any surprises down the road.

Shop Around and Compare Lawyers

Not all disability attorneys charge the same fee. It’s a good idea to meet with a few lawyers to compare their fees, experience, and approach to your case. Many attorneys offer free consultations, so take advantage of these to find the best fit for your needs.

Can You Afford a Disability Attorney?

If you're concerned about the cost of hiring a disability attorney, remember that most work on a contingency fee basis. This means that you only pay if you win. Additionally, some attorneys may be willing to work with you on flexible payment arrangements for certain costs.