Contingency Fee Structure

Most disability attorneys work on a contingency fee basis, meaning they only get paid if you win your case and are awarded benefits. This payment structure is designed to make legal representation accessible for individuals who may not be able to afford to pay upfront fees. Here’s how it works:

• Percentage of Your Back Pay: The typical fee for disability attorneys is around 25% of your back pay (the retroactive benefits you are awarded from the time you first became disabled until the time your claim is approved). This is the standard fee in most cases, although some attorneys may charge slightly less or more depending on the situation.
• Maximum Fee Limit: The Social Security Administration (SSA) caps attorney fees at $6,000 for most cases. This means that even if your back pay exceeds a certain amount, the attorney cannot charge more than $6,000, regardless of the percentage. However, if your case is particularly complex or involves a lengthy appeals process, the fees may be adjusted accordingly.

No Upfront Costs

One of the biggest advantages of hiring a disability attorney is that you don’t have to pay any upfront fees. Since the attorney is paid only if you win, you don’t need to worry about paying them out of pocket. This contingency fee arrangement helps ensure that individuals who are struggling with disability-related financial hardships can still access legal representation.

Other Potential Costs

While attorneys typically work on a contingency fee basis, there may be other costs associated with your case. These can include:

• Case Expenses: Some attorneys may charge for the cost of obtaining medical records, expert witness fees, or other necessary documents related to your case. These costs may be deducted from your settlement if you win your case.
• Court Costs: In rare cases, if your case involves a court trial (which is uncommon for SSDI or SSI claims), you might face additional court costs. These expenses are generally low in Social Security disability cases.
• Social Security Reviews: If your case involves multiple reviews by the SSA or other agencies, there could be additional fees associated with these processes.

What Happens If You Don’t Win Your Case?

If you don’t win your case, you won’t owe any attorney fees, as long as the fee arrangement was on a contingency basis. However, you might still be responsible for any out-of-pocket expenses that have already been incurred (such as medical record fees). If your claim is denied at the initial application or reconsideration stage, but you proceed to a hearing and eventually win, your attorney will still be compensated based on the back pay awarded.