Contingency Fee Structure

Disability lawyers typically work on a contingency fee basis, which means you don’t pay them upfront or out-of-pocket. Instead, they only get paid if you win your case and receive benefits. This is a common payment structure for disability lawyers because it reduces the financial burden on clients who may be struggling with a disability.

Here’s how it works:

• Percentage of Back Pay: If your case is successful, the lawyer will take a percentage of your back pay (the retroactive benefits you receive for the months that you were eligible but did not receive benefits). The typical fee is 25% of your back pay, up to a maximum of $6,000. This amount is set by the Social Security Administration (SSA).
• No Win, No Fee: If you don’t win your case and aren’t awarded any benefits, the lawyer doesn’t get paid. This means you won’t owe them any fees if your claim is denied. This arrangement gives clients peace of mind knowing they won’t be stuck with bills if their case isn’t successful.

Fee Cap and Limits

The Social Security Administration (SSA) imposes strict limits on how much a disability lawyer can charge. As mentioned, the fee is capped at 25% of your back benefits, but it cannot exceed $6,000. This fee is the same whether you hire an attorney or a non-attorney advocate to help with your disability claim.

• Maximum Fee: No matter how much you receive in back pay, the lawyer’s fee cannot exceed $6,000 (though it may be less if your back pay is smaller).
• Fee for Appeals: If your case goes to a hearing or an appeal after an initial denial, the lawyer may be able to charge the same percentage of your back pay. However, this is still subject to the SSA’s approval and fee limits.

What Other Costs Could Be Involved?

In addition to the attorney’s fees, there may be other case-related expenses you need to pay, such as:

• Medical Records: You may be required to pay for copies of your medical records, which are essential for supporting your disability claim.
• Consultative Examinations: If the SSA requests additional medical evaluations or exams to assess your disability, you might be responsible for paying the upfront costs for these services (though some attorneys may cover this cost in certain situations).
• Other Documentation Fees: This could include costs associated with obtaining work history or supporting documents from other agencies.

It’s important to discuss these potential costs with your lawyer upfront so you know exactly what you’re responsible for.

How to Choose a Disability Lawyer

When hiring a disability lawyer, cost is certainly an important factor, but it’s also essential to consider the lawyer’s experience, expertise, and success rate in handling cases similar to yours. Here are a few tips for selecting the right disability lawyer:

• Experience: Look for a lawyer who specializes in Social Security disability cases and has experience with the SSA process.
• Reputation: Check reviews or get referrals from others who have worked with disability attorneys to ensure you’re choosing someone reputable.
• Consultation: Most disability lawyers offer a free consultation, during which they can assess your case and explain how they can help you. Take advantage of this to get a sense of whether the lawyer is a good fit for your needs.
• Fee Transparency: Ensure the lawyer clearly explains the fee structure and any other costs involved, so you’re not caught off guard later in the process.