Contingency Fees: Pay Only if You Win

Most disability attorneys work on a contingency fee structure. This means that they receive a percentage of the back pay or lump sum settlement you’re awarded once your disability benefits are approved.

• Typical Fee Percentage: The standard contingency fee for Social Security Disability cases is 25% of your back pay or past-due benefits. However, the SSA limits the maximum fee to $6,000, whichever is less. This means if you win your case and receive a large back payment, the attorney's fee will be 25% of that amount, but will never exceed $6,000.
• No Win, No Fee: If your case is unsuccessful and you do not win benefits, you typically won’t owe anything to your disability attorney. This arrangement helps reduce the financial risk of hiring an attorney, as you only pay for services if you win.

How Is the Fee Calculated?

The fee is based on your back pay, which is the retroactive payment you receive for the time between when you became disabled and when you were approved for benefits. For example, if your disability claim is approved and you receive $30,000 in back pay, the attorney will typically receive 25% of that, or $7,500 (subject to the $6,000 limit).

• Example of Fee Structure: If you win $50,000 in back pay, the lawyer’s fee would be $12,500. However, under the SSA’s rules, the fee would be capped at $6,000.

Additional Costs to Consider

While the contingency fee covers most of your attorney’s fees, there may be additional costs related to your case. These can include:

• Court fees: Some cases, particularly appeals or hearings, may involve small court-related fees.
• Expert witness fees: If your case requires expert testimony, such as from a medical expert or vocational expert, these costs are typically not covered by the attorney’s fee and may be billed separately.
• Document gathering and filing fees: In some cases, there may be fees associated with obtaining medical records or filing specific forms.

Be sure to discuss any potential extra fees  with your disability attorney  ahead of time so that you understand what to expect.

Why Hiring a Disability Lawyer Can Be Worth the Cost

Although it’s possible to apply for Social Security Disability benefits without a lawyer, having professional legal help can significantly improve your chances of success. Here’s why hiring a disability lawyer may be worth the cost:

• Expertise: A disability attorney understands the Social Security Administration’s rules, guidelines, and processes, which can be complex and difficult to navigate on your own.
• Higher Success Rate: Studies show that applicants with a lawyer are more likely to be approved for disability benefits, particularly if the case goes to a hearing before an Administrative Law Judge (ALJ).
• Time Savings: A lawyer can help you gather all necessary documentation, submit your application properly, and handle any delays or complications that may arise.
• Appeals and Hearings: If your claim is denied, a lawyer can help you appeal the decision, increasing your chances of a favorable outcome.