Are disability attorneys free?

By Hogan Smith

Updated 05/05/2025


When considering legal help for your Social Security Disability claim, one of the first questions many people ask is: Are disability attorneys free? The good news is that most disability lawyers work on a contingency fee basis, which means you don’t pay anything upfront—and you only pay if you win your case.

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Understanding Contingency Fees for Disability Lawyers

Unlike other types of legal services, disability attorneys don’t charge hourly fees or require retainers. Instead, their fee is based on a percentage of your backpay—the retroactive benefits the Social Security Administration (SSA) owes you if your claim is approved.


Here’s how it typically works:

  • No Upfront Cost: You pay nothing when hiring the attorney.
  • You Only Pay If You Win: If your claim is denied, you owe nothing.
  • Standard Fee Limit: The SSA sets the attorney fee at 25% of your backpay, with a maximum cap of $7,200 (as of 2024), unless your case requires additional appeals or federal court.


This structure makes legal help accessible, even for people in difficult financial situations.


What Does the Fee Cover?

The contingency fee covers a range of services that your disability lawyer will provide, including:


  • Reviewing your eligibility and determining whether to file for SSDI, SSI, or both
  • Helping you gather medical records and documentation
  • Completing and submitting your application or appeal paperwork
  • Preparing you for a hearing and representing you in front of an Administrative Law Judge
  • Communicating with the SSA on your behalf


In some cases, you may need to pay out-of-pocket for minor costs like copying medical records or mailing documents, but these are usually minimal—and your lawyer will inform you of any expenses ahead of time.


Why Hiring a Disability Lawyer Is Worth It

While you may be able to apply for benefits on your own, having a disability attorney often increases your chances of success. Statistically, applicants with legal representation are more likely to be approved, especially during the appeals process.


Since you don’t have to pay unless you win, hiring a lawyer is a low-risk, high-reward decision—especially when dealing with the complex rules and requirements of the SSA.

How Hogan Smith Can Help

At Hogan Smith, we believe that everyone deserves access to skilled legal representation—regardless of their financial situation. That’s why:


  • We never charge upfront fees
  • You only pay if we win your case
  • Our fees are capped and regulated by the SSA
  • We offer a free consultation to help you understand your options

Contact Hogan Smith Today

Still wondering if you can afford a disability lawyer? The truth is, you can’t afford not to—especially when you don’t pay unless you win. Contact Hogan Smith today for a free consultation, and let us help you navigate the disability system with confidence and peace of mind.


Further Reading

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Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

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