Contingency Fee Structure

The majority of disability lawyers charge based on a contingency fee, which means they only get paid if you win your case. This fee is a percentage of your back benefits or the total amount of benefits awarded. Typically, the contingency fee for disability lawyers is 25% of your past-due benefits, up to a maximum of $6,000.

• Back benefits: These are the benefits you are entitled to receive for the period between your disability onset date and when your application is approved.
• 25% fee: The fee is usually 25% of your back pay, which includes any benefits that were owed to you before your approval.
• $6,000 cap: The fee can’t exceed $6,000 even if 25% of your back pay is higher. This ensures that lawyer fees are kept reasonable, even in large cases.

No Upfront Costs

One of the key advantages of hiring a disability lawyer is that you don’t need to pay any upfront costs. If you’re struggling financially, this can be a significant benefit. Lawyers working on a contingency basis don’t charge hourly fees, retainers, or consultation fees, meaning you don’t have to worry about paying out of pocket while your claim is being processed.

Fees for Social Security Disability (SSDI) vs. Supplemental Security Income (SSI)

The fee structure for SSDI and SSI is similar, but there are a few key differences to be aware of:

• SSDI: The lawyer’s fee is generally 25% of your past-due SSDI benefits, up to the $6,000 cap.
• SSI: For SSI claims, the fee structure may vary slightly. The SSA sets limits on how much a lawyer can charge for SSI cases, and the total amount paid to your attorney is usually the same (25% of past-due benefits) but could be subject to different rules depending on your state.

Additional Costs That May Arise

In addition to the contingency fee, there may be some minor out-of-pocket costs involved in pursuing your claim, including:

• Medical records: You may need to pay for copies of medical records or reports from doctors to support your case.
• Expert witnesses: In some cases, your lawyer may bring in experts (like medical professionals) to testify about your disability, which may involve additional fees.
• Filing fees: While most disability claims do not have significant filing fees, there may be some small administrative costs that could be added to your total expenses.

Can You Afford a Disability Lawyer?

Because of the contingency fee system, you don’t have to worry about paying your disability lawyer unless you win your case. This makes it more affordable for individuals with limited financial resources to get the legal help they need. Additionally, you don’t need to worry about paying hefty hourly fees or retaining the lawyer before your claim is resolved.

When Are Disability Lawyers Paid?

A disability lawyer will receive payment only after you’ve been approved for benefits and the SSA has awarded your back pay. The lawyer’s fee will be deducted from the lump sum of back pay before you receive the remaining balance.

• Back pay: This is the total amount of benefits that are owed to you for the time you were disabled but had not yet been approved for benefits.
• Deduction of lawyer’s fee: Once your back pay is processed and approved, the SSA will deduct the lawyer’s fee directly from the back pay amount and pay the lawyer directly.

What Happens if You Don’t Win Your Case?

If you don’t win your disability case, you don’t owe anything to your disability lawyer. Since most lawyers work on a contingency fee basis, you are not required to pay them anything upfront or if you lose the case. This removes the financial risk of hiring a lawyer and allows you to get legal help without worrying about costs if your case doesn’t succeed.