Most Disability Attorneys Work on a Contingency Fee Basis

One of the most important things to know about disability attorneys is that they typically work on a contingency fee basis. This means that you don’t pay upfront fees for their services. Instead, the attorney’s fee is contingent upon winning your case and obtaining benefits for you.

• Percentage of Back Pay: Disability attorneys generally charge a percentage of your back pay (the lump sum of benefits you’re owed for the time you’ve been waiting for approval). This percentage is typically around 25% of your total back pay.
• Cap on Fees: The Social Security Administration (SSA) limits the fee to 25% of your back pay or $6,000, whichever is less. So, if you win your case and your back pay is $20,000, your attorney would be entitled to $5,000. If your back pay is $40,000, the attorney’s fee would be capped at $6,000.

What Does the Contingency Fee Cover?

The contingency fee you pay to your attorney covers all the work they do on your behalf. This includes:

• Initial Consultation: Reviewing your case to determine if you’re eligible for benefits.
• Application Assistance: Helping you fill out the necessary paperwork and submit the application to the Social Security Administration (SSA).
• Medical Evidence: Assisting you in gathering medical records, doctor’s notes, and other documentation to support your claim.
• Appeals Process: Representing you through the appeals process if your claim is denied, including preparing for hearings and arguing your case before an Administrative Law Judge (ALJ).

No Fee If You Lose Your Case

If your disability attorney is unable to win your case, you won’t owe any fees. Since the fee is contingent upon winning your case, you won’t be required to pay your attorney if your claim is denied or if the case doesn’t result in a favorable outcome.

• Out-of-Pocket Expenses: While your attorney may not charge you a fee if your case is unsuccessful, they may still charge for out-of-pocket expenses incurred during the process. These expenses could include costs for obtaining medical records, filing fees, or other administrative expenses related to your case. However, these costs are typically minimal and will be discussed with you in advance.

Additional Costs for Appeals or Hearing Representation

If your claim is denied and you need to go through the appeals process, your disability attorney may still charge the same 25% contingency fee if you win. However, there could be additional expenses related to the appeal, such as:

• Preparing for Hearings: The attorney will gather additional evidence and work on your behalf to prepare for a hearing before an Administrative Law Judge (ALJ).
• Extended Representation: If your case takes longer to resolve or involves a more complicated issue, your attorney may be required to invest more time and effort, which will ultimately be reflected in their contingency fee.

How Much Will a Disability Attorney Cost in Total?

The total amount you will pay a disability attorney depends on several factors:

• Your Back Pay Amount: The more back pay you’re awarded, the higher the fee (up to the $6,000 cap).
• The Complexity of Your Case: If your case requires additional work, such as appealing a denial or gathering complex medical evidence, the attorney may spend more time working on it, which could result in higher fees.
• Duration of the Case: Some cases take longer than others, and attorneys typically charge based on the length of time spent working on the case.

However, the majority of individuals who hire a disability attorney  end up paying much less than the cap because the amount of back pay they receive typically doesn’t exceed $25,000. For example, if your back pay is $15,000, your attorney would receive $3,750, which is 25% of your back pay.

Do You Need to Pay for a Disability Attorney If You Don’t Win?

No, you don’t need to pay your disability attorney if you don’t win your case. Since most disability attorneys work on a contingency fee basis, you will not owe any fees if your case is not successful.

How to Find the Right Disability Attorney for You

It’s important to hire a disability attorney who specializes in Social Security Disability claims. Here’s how you can find the right lawyer for your case:

• Experience: Look for an attorney who has experience specifically in SSDI and SSI cases. They should have a proven track record of successfully handling disability claims.
• Reputation: Read reviews, check with local bar associations, and ask for recommendations from friends, family, or support groups.
• Consultation: Many disability attorneys offer a free consultation, so you can meet with them to discuss your case and determine if they’re the right fit for your needs.