Contingency Fee Arrangement

Most disability lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This fee structure is advantageous for individuals who may not have the financial resources to pay a lawyer upfront. It allows you to get legal assistance without having to worry about paying hourly fees or a large retainer.

• Typical Fee Percentage: Disability lawyers usually charge 25% of your back pay (the amount owed to you for the period between your disability onset date and when you are approved for benefits). The fee is capped at $6,000 regardless of how much back pay you are awarded. This cap applies for most cases handled by Social Security Disability attorneys.
• Example: If your back pay is $20,000, the lawyer would receive 25% of that amount, which is $5,000. However, if your back pay is $40,000, the lawyer’s fee would still be capped at $6,000, which is the maximum amount they can charge for a case.

What Is Covered by the Lawyer’s Fee?

The fee typically covers all services related to your case, including:

• Case Evaluation: The lawyer will review your case to determine if you qualify for SSD or SSI benefits.
• Application Assistance: They will help you fill out the required paperwork and ensure that all necessary documentation is submitted correctly.
• Appeals Process: If your case is denied and you need to go through the appeals process, the lawyer will represent you and help present your case before an Administrative Law Judge (ALJ).
• Consulting with Medical Experts: Disability lawyers may work with medical professionals to help support your claim, and these costs are typically included in the lawyer’s fee.

No Payment Unless You Win

The most important thing to note is that you don’t pay a disability lawyer unless you win your case. This means you won’t have to pay upfront fees, and the lawyer’s fee is contingent on your success. If your claim is denied and you don’t win benefits, you won’t owe any money to the lawyer.

Additional Costs Beyond the Lawyer’s Fee

In addition to the lawyer’s fee, there may be some minor costs associated with your case. These could include:

• Medical Records Fees: The cost of obtaining your medical records or other documents needed to support your disability claim.
• Court Fees: If your case requires a hearing, there may be minor administrative fees associated with the process.

However, these additional costs are typically minimal and are often covered by the lawyer's contingency fee.

What Happens if You Don’t Have Back Pay?

If you do not have any back pay (i.e., you are approved for benefits going forward, but there’s no retroactive payment), the lawyer is generally not paid. In this case, your lawyer would not receive a fee, as the standard contingency arrangement is based on back pay.

How to Ensure Fair Legal Fees

When hiring a disability lawyer, it’s important to ask upfront about their fees and get an agreement in writing. Here are some tips to ensure you're aware of all the costs involved:

• Get a Written Agreement: The lawyer must provide you with a written agreement outlining the terms of the contingency fee arrangement.
• Ask About Additional Costs: Make sure to inquire if there are any other fees or costs that might arise during your case, such as medical record fees or expert consultation costs.
• Understand the Cap: Make sure you understand that the fee is capped at $6,000 for most cases. This ensures that you aren’t charged more than what is legally allowed.