Contingency Fee: No Win, No Fee

Most disability lawyers charge a contingency fee, meaning their payment depends on whether your case is successful. This arrangement is beneficial because it allows you to pursue your claim without worrying about paying upfront costs. Here’s how it works:

• Percentage of Your Award: Disability lawyers typically charge between 25% to 33% of the back pay (the benefits that are owed to you for the period between when you became disabled and when you start receiving payments).
• Limits on Fees: The Social Security Administration (SSA) has a cap on how much a lawyer can charge in disability cases. The maximum allowable fee is generally $6,000, although it may be less if your back pay award is lower.
• Payment Only if You Win: If your case is unsuccessful and you don’t receive benefits, you won’t owe the lawyer anything. This arrangement ensures that you don’t have to pay out-of-pocket for legal services if you don’t win your claim.

How Fees Are Calculated

The contingency fee is usually calculated based on your back pay or retroactive benefits. Here’s an example of how the fee might work:

• Back Pay: Let’s say you’re awarded $30,000 in back pay, and your lawyer’s fee is 25%. This means your lawyer would receive $7,500 as their fee.
• Attorney’s Fees Approval: Before a disability lawyer can receive any payment, the SSA must approve the fee. The SSA ensures that the fee doesn’t exceed the legal cap and that it is reasonable based on the work involved in your case.

What About Ongoing Benefits (Monthly Payments)?

While back pay is typically the main source of the attorney’s fee, in some cases, a lawyer may also be involved in helping with monthly benefits going forward. However, they will not receive a portion of these future payments. Disability lawyers only charge for their services related to securing back pay for your claim.

What If Your Case Is Denied?

If your disability claim is denied, and you don’t win your case, you will not be charged for your lawyer’s services. The contingency fee only applies to successful claims, so if your claim is rejected at the initial application stage or during the appeals process, you are not responsible for paying legal fees. If your lawyer takes your case through an appeal and wins, they will receive a percentage of the back pay awarded for the successful outcome.

Additional Costs That May Apply

While the contingency fee covers most of the lawyer’s work, there could be additional costs associated with your disability claim, such as:

• Filing Fees: There may be a small fee for filing your claim or appeal with the Social Security Administration.
• Medical Records: You may be required to obtain and submit medical records to support your case, and there could be fees for obtaining these records.
• Expert Witnesses: In some complex cases, a medical expert or vocational expert may be required to testify, and these services typically come at an additional cost.

However, in most cases, your lawyer will advance these costs and will only require repayment if you win the case and receive a benefits award.

Why Hire a Disability Lawyer?

Even though hiring a lawyer involves a fee, the benefits of working with an experienced disability lawyer can far outweigh the cost:

• Increased Chances of Success: Studies show that individuals who have legal representation are more likely to win their disability claims. A lawyer can help you navigate the complex Social Security system, ensure your application is complete, and provide expert advice throughout the process.
• Appeals Assistance: If your claim is denied, a disability lawyer can help you navigate the appeals process, which can be difficult without professional assistance.
• No Upfront Fees: Since lawyers work on a contingency fee basis, you don’t have to pay out-of-pocket to receive legal help. This makes it easier for those with limited financial resources to pursue their claims.

How to Choose a Disability Lawyer

If you’re considering hiring a lawyer for your Social Security Disability claim, here are a few tips to help you find the right one:

• Experience: Look for a lawyer who specializes in Social Security Disability law and has experience handling cases similar to yours.
• Reputation: Research the lawyer’s reputation by checking reviews and asking for referrals. A lawyer with a track record of success will have more knowledge about the nuances of the system.
• Clear Fee Structure: Ensure that you fully understand the lawyer’s fee structure before agreeing to any representation. Make sure the contingency fee and any additional costs are clear from the start.
• Free Consultation: Many disability lawyers offer a free consultation to assess your case. This is a great opportunity to discuss your situation, get a sense of the lawyer’s expertise, and determine if they are the right fit for you.