Do disability attorneys charge upfront fees?
By Hogan Smith
Updated 04/25/2025
If you're thinking about hiring a disability attorney, you may be wondering how much it will cost—and whether you'll need to pay anything upfront. The good news is that disability attorneys typically do not charge upfront fees. Instead, they work on a contingency fee basis, meaning they only get paid if you win your case.

Let’s break down what that means and how it works so you can feel confident moving forward.
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How Contingency Fees Work in Disability Cases
Disability attorneys usually take cases on a contingency basis. This means:
- You don’t pay anything out of pocket upfront.
- The attorney only gets paid if you are awarded benefits.
- The fee comes out of your past-due (back pay) benefits—not your ongoing monthly checks.
This arrangement is meant to make legal representation accessible to people who may not have the financial means to hire an attorney right away.
How Much Do Disability Attorneys Charge?
The Social Security Administration (SSA) limits how much a disability attorney can charge. As of now:
- The standard fee is 25% of your back pay, up to a maximum of $7,200 (this cap may change slightly over time).
- This fee must be approved by the SSA to ensure fairness.
- If there’s no back pay awarded, the attorney typically doesn’t get paid.
This structure protects claimants and ensures they aren't overcharged.
Are There Any Additional Costs?
While you won't pay attorney fees upfront, there may be small out-of-pocket costs associated with your case. These can include:
- Fees for obtaining medical records.
- Costs for mailing or copying important documents.
- Occasionally, expert witness fees (though rare).
Most attorneys will explain these potential costs ahead of time, and some may cover them for you and ask for reimbursement only if you win your case.
What Happens if You Don’t Win Your Case?
If you don’t win your disability claim:
- You don’t owe the attorney a fee.
- You may be responsible for reimbursing minor case-related expenses, but these are usually minimal.
This no-win, no-fee model gives attorneys a strong incentive to work hard on your case—and gives you peace of mind as you pursue benefits.
Why This Fee Structure Benefits You
Hiring a disability attorney under this fee arrangement means you can:
- Get expert help without financial risk.
- Focus on your health and well-being instead of legal costs.
- Know your attorney is motivated to help you succeed.
It’s a system designed to
level the playing field, especially for those facing serious financial and medical challenges.
How Hogan Smith Can Help
At Hogan Smith, we work exclusively on a contingency fee basis—which means:
- You never pay upfront fees.
- We only get paid if you win your case.
- We keep our costs transparent and fair.
We’ll help you understand the fee agreement clearly from the start, and we’ll walk you through every step of your application or appeal. Whether you’re filing a claim or facing a denial, we’re here to support you without adding financial stress.
Contact Hogan Smith Today
If you're considering filing for Social Security Disability and want to know exactly what to expect when it comes to legal fees, contact Hogan Smith for a free consultation. We’ll explain your options, walk you through the process, and help you decide what’s best for your situation—with no upfront costs and no pressure. Let’s win this together—starting with a conversation.
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